(Download) "Lamont v. Riverside Irrigation District" by Colorado Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Lamont v. Riverside Irrigation District
- Author : Colorado Court of Appeals
- Release Date : January 10, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The Lamonts complaint was brought pursuant to R.C.P. 105(a) [C.R.C.P. 105(a)] which provides for a complete adjudication of all rights between the parties with respect to real estate. In this complaint there appear numerous theories for recovery: inter alia, the Lamonts allege (1) that any rights to the water in question have been relinquished by the Reservoir Company through fifty years of adverse use by the plaintiffs; (2) that any rights of the Reservoir Company were conveyed in 1908 to the plaintiffs predecessor in title by a quitclaim deed to the Day Seepage Ditch; (3) that, in the alternative, if the Reservoir Company had no transferrable claim of right to these waters, the plaintiffs have put them to beneficial use over a period of years and thus are prior appropriators under the laws of the State of Colorado; (4) that the defendants wells are in violation of an express covenant embodied in a 1942 conveyance of a right of way to the Irrigation Company; and (5) that two of defendants wells are on Lamont property and thus constitute an actual physical trespass to land.