Supreme Court of Colorado January 15, 1908, No. 5498; No. 3168 C. A. (Petterson v. Payne)

Mr. Justice Campbell

delivered the opinion of the court:

Surface creek and Milk creek are natural streams in Delta county, the latter being a tributary of the former. The Alfalfa ditch, having its head-gate in Surface creek about four miles below the mouth of Milk creek, has the first priority to take water for irrigation therefrom.