Supreme Court of Colorado December 15, 1883 (Tripp v. Overocker)

Helm, J.

In 1881 the legislature of Colorado enacted: “That no tract or parcel of improved or occupied land in this state, shall, without the written consent of the owner thereof, be subjected to the burden of two or more irrigating ditches constructed for the purpose of conveying water through said property to lands adjoining or beyond the same, when the same object can feasibly and