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West End Irrigation Co. v. Garvey

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eBook details

  • Title: West End Irrigation Co. v. Garvey
  • Author : Colorado Supreme Court
  • Release Date : January 18, 1947
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

[1, 2] This ruling was based on our statute, which then read as follows: "After the lapse of four years from the time of rendering a final decree, in any water district, all parties whose interests are thereby affected shall be deemed and held to have acquiesced in the same, except in case of suits before then brought, and thereafter all persons shall be forever barred from setting up any claim to priority of rights to water for irrigation in such water district adverse or contrary to the effect of such decree." 35 C.S.A., chapter 90, section 183; since recodified, Session Laws of 1943, chapter 190, section 17. The bar set up by this statute is not strictly that of res judicata, but one of limitation. Since the state may enact statutes reasonably limiting attacks on title to property within its borders, this statute is controlling as against all nonparticipating claimants of water diverting from the same stream in other water districts within the state for use therein. ONeil v. Northern Colo. Irr. Co., 242 U.S. 20, 37 Sup. Ct. 7, 61 L. Ed. 123; Ft. Lyon Canal Co. v. National Sugar Mfg. Co., 68 Colo. 36, 189 Pac. 252. After the expiration of this four-year period, a decree within the purview of the statute may not be attacked except on the ground that it was procured by fraud.


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