39 Colo. 487 | Colo. | 1907
delivered the opinion of the court:
During the years 1884 to 1886, both inclusive, a corporation known as The Arkansas Biver Land,
The record shows that at the time of the construction of the headgate and a portion of the ditch as described, a larger canal was contemplated, which was subsequently constructed through the counties of Bent and Prowers- to its present terminus, a distance of about 113 miles from the headgate.
On March 1, 1887, The Arkansas River Land, Reservoir & Canal Company succeeded to' the property, rights and franchises of the town and canal company aforesaid, and went into possession of the canal and enlarged the same from its headgate to Horse creek, and extended the same along the established right of way to its present terminus. It would seem that later the canal became the property of The La Junta & Lamar Canal Company, and subsequently became the property of the defendant, The Fort Lyon Canal Company, but the title as vested in the La Junta company need not be considered in the determination of this controversy. At the June term of the district court, 1895, a decree in adjudication proceedings was entered, based upon certain findings. From the findings and decree it appears that The Arkansas River Land, Reservoir. & Canal Company was the owner of the canal bearing its own name at the time of the original adjudication; that The Arkansas River Land, Town & Canal Company
It was decreed that The Arkansas River Land,. Reservoir & Canal Company have priority No. 3 for 164.64 cubic ft. of water per second of time, on account of appropriation made on the 15th day of April, 1884, and that it have priority No. 5 in addition to the above for the amount of 597.16 cubic ft.
The appellants herein, who were plaintiffs below, brought suit against The Fort Lyon Canal Company, a corporation, and Frank Ereyball and John C. Davidson, and “other users of water and water rights from the Fort Lyon canal east of Horse creek, who are similarly situated as to the use of water from the Fort Lyon canal.” The plaintiffs claim that priority No. 3, as of March, 1884, was decreed to and belongs to the lands west of Horse creek; that the plaintiffs and others living on the lands west of Horse creek are entitled to the benefit of such priority No. 3, and that the waters flowing into the ditch under and by virtue of priority No. 3. should not be pro-rated with the consumers residing on lands east of Horse creek. That should it become .necessary because of the scarcity of water to pro-rate at all, then such pro-rating of the waters flowing into the ditch by virtue of priority No. 3 should be confined to. the settlers and consumers on the lands west of Horse creek. Appellants further contend that for a long period of years the consumers west of Horse creek had the full benefit of all the waters flowing into the ditch by virtue of said priority No. 3.
We do not think the contention of appellants can be sustained under the law or under the facts presented in this case. It has frequently been decided in this state that the decrees under the adjudication statutes determine the priorities and the amount of appropriations to the several ditches in the irrigation districts in which such decrees are entered, and are not intended to designate the person or persons entitled to the use of water thus appropriated.—Ind. Ditch Co. v. Agri. Ditch Co., 22 Colo. 513-524; Oppenlander v. Left Hand Ditch Co., 18 Colo. 142;
While the complaint in the case before us alleges that the plaintiffs and others similarly situated became appropriators of water from the Arkansas river for the purpose of irrigating lands west of Horse creek to the extent of 164.64 cubic ft. of water per second of time long prior in point of time to the use, or attempted use, on the part of any users of water from the extension ditch east of Horse creek, such allegations are not supported by the testimony. The' plaintiffs below claim under a decree of priority awarded to the Reservoir & Canal Company. This decree recites that the consumers made beneficial use of the water diverted by the Reservoir & Canal Company within a reasonable time to the extent of 164.64 cubic ft. of water per second of time1, and that it was entitled to the priority by virtue of such appropriation as of the date of March, 1884. The presumption is and must obtain that beneficial use was shown as a basis for the decree. The evidence is undisputed that certain lands east of Horse creek were irrigated and cultivated long prior to certain lands west of Horse creek. It would seem from the decree, which recites that there was little irrigation in the years 1884, 1885 and 1886, and from the further recital therein that the 164.64 cubic ft. of water per second of time was applied to the irrigation of lands as then and aftenvards constructed within a reasonable time, that the testimony did not show that this decree was based upon use of water for lands west of Horse creek. The defendant company and its grantors were trustees for the stockholders and consumers and bound to protect the interests of all.—Ditch Co. v. Elliott, 10 Colo. 327; Ditch Co. v. Ditch Co., 22 Colo. 513; Canal Co. v. Ditch Co., 23 Colo. 233.
In this case a court of equity was requested to
As we' have said, we think the rights of appellants were acquired by the diversion of the canal company and the beneficial use of water by themselves, but if their rights are dependent upon their individual diversion and beneficial use and not upon the carriers’ diversion, then such rights cannot be determined in this case and under the pleadings herein. The proper parties are not before the court.—Brown v. Canal & Res. Co., 26 Colo. 66; Farmers’ High Line Co. v. White, 32 Colo. 114.
Appellants allege that, ‘ ‘ The court erred in finding that the said plaintiffs have, by acquiescence, permitted rights to accrue in said appropriation in reliance upon a general ownership of said priority in
The reasoning of the court, even if incorrect, does not constitute reversible error, the conclusion being, as we think, correct. It has long been a rule of this court that if the judgment is correct, it will not be reversed' because of the process of reasoning through which the result may have been reached by the lower court, unless it appears by the record that the party against whom the ruling was made is prejudiced thereby.—Mining Co. v. Mining Co., 11 Colo. 223; Hall v. Rockwell, 8 Colo. 103; Haines v. Christie, 17 Colo. App. 272; Bailey v. O’Fallon, 30 Colo. 419; MacDonald v. People, 29 Colo. 503.
The judgment in this case is not necessarily based upon any finding complained of nor upon any findings of the court. It is based upon facts adduced at the trial. There is ample competent evidence to sustain the judgment outside of any testimony which may have been introduced concerning the acquiescence of appellants in the distribution and pro-rating of water; and it does not appear that the judgment resulted from, or that it is based upon, improper or incompetent evidence, or upon any alleged erroneous findings of law by the court. We think the record discloses that the appellants have all the rights they ever acquired, and that their rights in respect to the distribution of water are measured by their contracts with the Reservoir & Canal Company.
The judgment is affirmed. Affirmed.
Chief Justice Steele and Mr. Justice Maxwell concur.