hinderlider
la
plata
river
cherry
creek
ditch
argued
decided
april
ralph
carr
jean
breitenstein
denver
byron
rogers
atty
shrader
howell
asst
atty
appellants
charles
beise
reese
mccloskey
durango
appellee
justice
brandeis
delivered
opinion
la
plata
river
cherry
creek
ditch
company
colorado
corporation
owns
ditch
diverts
river
colorado
water
irrigation
july
brought
district
la
plata
county
suit
charged
since
june
defendants
hinderlider
state
engineer
colorado
subordinates
administered
water
river
deprive
plaintiff
water
claims
right
divert
mandatory
injunction
sought
defendants
admit
administering
water
stream
period
named
shut
headgate
ditch
company
deprive
water
purposes
irrigation
assert
pursuant
requirements
la
plata
river
compact
entered
colorado
new
mexico
consent
congress
compact
provides
state
shall
receive
definite
share
water
varying
conditions
obtain
year
among
times
day
december
day
succeeding
february
state
shall
unrestricted
right
use
water
may
flow
within
boundaries
reason
usual
annual
rise
fall
flow
said
river
day
february
day
december
year
shall
approtioned
following
manner
state
shall
unrestricted
right
use
waters
within
boundaries
day
mean
daily
flow
interstate
station
one
hundred
cubic
feet
per
second
days
state
colorado
shall
deliver
interstate
station
quantity
water
alent
mean
flow
hesperus
station
preceding
day
exceed
one
hundred
cubic
feet
per
second
whenever
flow
river
low
judgment
state
engineers
greatest
beneficial
use
waters
may
secured
distributing
water
successively
lands
state
alternating
periods
lieu
delivery
water
provided
second
paragraph
article
use
waters
may
rotated
two
manner
periods
continue
time
state
engineers
may
jointly
determine
administration
water
rights
colorado
new
mexico
set
administrative
system
state
engineers
head
state
engineers
agreed
order
put
water
efficient
use
hot
summer
months
river
low
whole
available
supply
rotated
two
words
state
permitted
enjoy
entire
flow
river
alternating
periods
ten
days
commencing
june
water
river
except
small
amounts
diverted
colorado
domestic
stock
requirements
thus
allowed
pass
new
mexico
succeeding
period
water
stream
similarly
allowed
diverted
colorado
defendant
water
officials
contend
rotating
water
stream
administered
required
compact
wisely
la
plata
river
rises
mountains
colorado
flows
southerly
direction
reaches
boundary
new
mexico
latter
state
empties
san
juan
river
stream
nonnavigable
narrow
watershed
large
early
spring
quantity
flowing
begins
fall
rapidly
summer
months
little
water
available
irrigation
state
water
stream
long
used
irrigation
adopted
appropriation
doctrine
water
use
doctrine
first
person
acts
toward
diversion
water
natural
stream
application
water
beneficial
use
first
right
provided
diligently
continues
enterprise
completion
beneficially
applies
water
rights
subsequent
appropriations
subject
rights
already
held
stream
relative
rights
claimants
divert
colorado
water
la
plata
river
adjudicated
proceeding
colorado
statutes
decree
therein
january
later
amended
ditch
company
declared
entitled
divert
cubic
feet
water
per
second
subject
five
senior
priorities
aggregating
second
feet
june
stream
recognized
colorado
gauging
station
second
feet
water
ditch
company
claimed
reason
decree
entitled
water
stream
except
required
satisfy
colorado
priorities
permitted
draw
water
none
available
new
mexico
water
claimants
similar
laws
made
appropriations
earlier
date
ditch
company
case
first
heard
district
evidence
ditch
company
objected
trial
admission
consideration
compact
insisted
compact
attempted
surrender
new
mexico
thus
destroy
vested
property
rights
colorado
citizens
violation
obligations
contract
compact
far
intended
apply
private
rights
individuals
citizens
colorado
used
defense
justification
acts
state
engineer
subordinates
interfering
violating
private
rights
citizens
colorado
attempting
disregard
ignore
set
aside
decrees
district
distribution
water
accordance
decrees
unconstitutional
void
violation
due
process
clauses
fifth
fourteenth
amendments
federal
constitution
article
section
constitution
colorado
district
overruled
objection
found
substance
facts
stated
held
compact
justified
action
defendants
entered
decree
bill
dismissed
party
bear
costs
judgment
reversed
state
one
judge
dissenting
la
plata
river
cherry
creek
ditch
hinderlider
opinion
declared
slightest
pretense
either
compact
proceedings
leading
decision
question
water
colorado
owns
water
new
mexico
owns
respective
citizens
mere
compromise
presumably
conflicting
claims
trading
therein
property
citizens
bartered
without
notice
hearing
regard
vested
right
appeal
dismissed
want
final
judgment
hinderlider
la
plata
river
cherry
creek
ditch
case
retried
distric
pleadings
evidence
pursuant
opinion
colorado
decree
entered
reciting
substance
facts
stated
declared
said
la
plata
river
compact
entered
colorado
new
mexico
consent
congress
america
constitute
defense
actions
said
defendant
water
officials
complained
plaintiff
available
said
defendant
water
officials
legal
defense
justification
acts
closing
shutting
headgate
plaintiff
depriving
said
plaintiff
thereby
right
use
waters
said
la
plata
river
irrigation
purposes
provided
terms
provisions
said
decree
adjudication
january
decree
specifically
enjoined
commanded
defendants
permit
diversion
plaintiff
headgate
water
plaintiff
ditch
accordance
terms
said
decree
times
water
said
stream
said
decree
terms
conditions
apply
second
judgment
trial
affirmed
state
additional
opinion
delivered
dissent
different
justice
appeal
allowed
acting
chief
justice
state
pursuant
act
congress
august
stat
note
note
attention
attorney
eral
directed
contention
validity
federal
statute
involved
filed
memoranda
contended
included
courts
section
act
august
applicable
constitutionality
compact
drawn
question
whether
decision
point
necessary
compact
act
congress
act
public
interest
opposing
views
expressed
attorney
general
brief
filed
behalf
delaware
maryland
new
jersey
new
york
virginia
port
new
york
authority
delaware
river
joint
commission
ditch
company
moved
dismiss
appeal
contending
among
things
mere
fact
compact
approved
congress
make
federal
statute
within
meaning
jurisdictional
act
authorizing
appeals
decision
motion
dismiss
postponed
hearing
merits
reasons
stated
opinion
case
reviewable
appeal
presents
federal
question
reviewable
certiorari
importance
certiorari
granted
judgment
must
reversed
first
la
plata
river
flows
colorado
new
mexico
state
water
used
beneficially
must
equitably
apportioned
two
decision
effect
ignores
rule
holds
immaterial
fact
acts
complained
done
compliance
compact
ground
compact
authorizing
diversion
rotation
violated
rights
awarded
january
decree
colorado
water
proceeding
holds
decree
awarded
ditch
company
right
divert
river
cubic
feet
per
second
subject
senior
colorado
priorities
second
feet
even
exhausts
whole
flow
stream
leaves
nothing
new
mexico
claimants
holds
right
awarded
vested
property
right
two
although
acting
consent
lacked
power
diminish
modify
except
condemnation
proceeding
payment
compensation
proceeding
provided
compact
none
otherwise
may
assumed
right
adjudicated
decree
january
ditch
company
property
right
indefeasible
far
concerns
state
colorado
citizens
person
claiming
water
rights
colorado
decree
confer
upon
ditch
company
rights
excess
colorado
share
water
stream
share
equitable
portion
thereof
claim
interstate
streams
upper
state
ownership
control
whole
stream
entitles
divert
water
regardless
injury
prejudicice
lower
state
made
colorado
litigation
concerning
interestate
streams
consistently
denied
rule
equitable
apportionment
settled
state
kansas
colorado
discussed
wyoming
colorado
said
contention
colorado
state
rightfully
may
divert
use
may
choose
waters
flowing
within
boundaries
interstate
stream
regardless
prejudice
may
work
others
rights
stream
boundary
maintained
river
throughout
course
single
stream
wherein
state
interest
respected
like
contention
set
colorado
answer
kansas
colorado
adjudged
untenable
consideration
satisfies
us
ruling
right
new
jersey
new
york
said
interstate
stream
offers
necessity
life
must
rationed
among
power
new
york
physical
power
cut
water
within
jurisdiction
clearly
exercise
power
destruction
interest
lower
tolerated
hand
equally
little
new
jersey
permitted
require
new
york
give
power
altogether
order
river
might
come
undiminished
real
substantial
interests
river
must
reconciled
best
may
decree
obviously
res
judicata
far
concerns
state
new
mexico
citizens
claim
right
divert
water
stream
new
mexico
parties
colorado
proceedings
remain
free
challenge
claim
ditch
company
entitled
take
colorado
water
stream
leave
nothing
second
declared
purpose
compact
preamble
recites
equitable
apportionment
state
colorado
state
new
mexico
desiring
provide
equitable
distribution
waters
la
plata
river
remove
causes
present
future
controversy
respect
thereto
moved
considerations
interstate
comity
pursuant
acts
respective
legislatures
resolved
conclude
compact
purposes
named
commissioners
delph
carpenter
state
colorado
stephen
davis
junior
state
new
mexico
agreed
upon
following
articles
colorado
held
compact
unconstitutional
aught
appears
embodies
judicial
judicial
decision
controverted
rights
trading
compromise
conflicting
claims
assumption
judicial
decision
controverted
claims
essential
validity
compact
adjusting
rests
upon
misconception
ignores
history
order
development
two
means
provided
constitution
adjusting
interstate
controversies
legislative
adapts
union
sovereign
treaty
making
power
independent
sovereign
nations
adjustment
compact
without
judicial
determination
existing
rights
practiced
practiced
adoption
extensively
practiced
nearly
half
century
first
applied
judicial
means
settling
boundary
dispute
rhode
island
massachusetts
pet
extent
existing
equitable
right
colorado
new
mexico
la
plata
river
viously
determined
suit
done
kansas
colorado
supra
respect
rights
arkansas
river
wyoming
colorado
supra
respect
laramie
resort
judicial
remedy
never
essential
adjustment
interstate
controversies
unless
unable
agree
upon
terms
compact
congress
refuses
consent
difficulties
incident
litigation
led
resort
frequency
adjustment
controversies
compact
even
matter
dispute
relatively
simple
one
boundary
two
cases
suggested
parties
endeavor
consent
congress
adjust
boundaries
state
minnesota
wisconsin
state
washington
oregon
new
york
new
jersey
involved
intricate
problem
rights
interstate
waters
recommendation
making
resorted
specific
compacts
ment
water
interstate
streams
common
third
whether
apportionment
water
interstate
stream
made
compact
upper
lower
consent
congress
decree
apportionment
binding
upon
citizens
state
water
claimants
even
state
granted
water
rights
entered
compact
private
rights
grantees
state
determined
adjustment
compact
disputed
boundary
settled
century
ago
poole
fleeger
pet
said
doubted
part
general
right
sovereignty
belonging
independent
nations
establish
fix
disputed
boundaries
respective
territories
boundaries
established
fixed
compact
nations
become
conclusive
upon
subjects
citizens
thereof
bind
righs
treated
intents
purposes
true
real
boundaries
doctrine
universally
recognized
law
practice
nations
right
equally
belonging
union
unless
surrendered
constitution
far
pretense
general
surrender
right
expressly
recognized
constitution
guarded
exercise
single
limitation
restriction
requiring
consent
congress
rhode
island
massachusetts
pet
discussing
origin
scope
compact
clause
said
congress
consented
respect
restored
original
inherent
sovereignty
consent
sole
limitation
imposed
constitution
given
left
held
poole
fleeger
pet
whereby
compacts
became
binding
force
finally
settled
boundary
operating
effect
treaty
sovereign
powers
boundaries
established
fixed
compact
nations
become
conclusive
upon
subjects
citizens
thereof
bind
rights
treated
intents
purposes
true
real
boundaries
see
also
garcia
lee
pet
coffee
groover
state
virginia
tennessee
rule
applied
apportionment
judicial
decree
water
interstate
stream
stated
wyoming
colorado
said
water
claims
tunnel
appropriation
affected
decree
claimants
parties
suit
represented
therein
nature
suit
misconceived
one
acting
quasi
sovereign
representative
interests
rights
people
controversy
counsel
colorado
insisted
brief
suit
controversy
private
parties
two
sovereignties
wyoming
colorado
opinion
assented
view
observed
controversy
one
immediate
deep
concern
interests
indissloubly
linked
appropriators
wyoming
colorado
decisions
cases
also
warrant
conclusion
water
claimants
rado
wyoming
represented
respective
bound
decree
fourth
power
bind
compact
respective
appropriators
division
flow
stream
power
reach
end
either
providing
continuous
equal
division
water
time
time
stream
providing
alternate
periods
flow
one
state
water
stream
secure
greatest
beneficial
use
water
stream
compact
provided
water
may
two
manner
periods
continue
time
state
engineers
may
jointly
determine
alternate
rotating
flow
efficient
use
stream
flow
steadily
divided
equally
colorado
new
mexico
appropriators
conclusively
established
evidence
rotating
supply
compact
authorized
two
state
engineers
agreed
upon
clearly
beneficial
ditch
company
given
colorado
appropriators
steadily
water
river
delegation
state
engineers
authority
determine
waters
rotated
matter
detail
clearly
within
constitutional
power
claim
authority
conferred
abused
fifth
colorado
possessed
right
equitable
share
water
stream
decree
january
colorado
water
proceeding
award
ditch
company
right
greater
equitable
share
hence
apportionment
made
compact
taken
ditch
company
vested
right
unless
proceedings
leading
compact
application
vitiating
infirmity
infirmity
illegality
shown
allegation
pleadings
evidence
record
suggestion
brief
argument
apportionment
agreed
upon
commissioners
entered
without
due
enquiry
honest
exercise
judgment
even
inequitable
fact
appointment
joint
commissioners
authorized
agreement
adopted
approved
congress
shows
ample
time
consideration
concerned
suggestion
ditch
company
indeed
anyone
else
denied
commissioners
opportunity
heard
even
water
claimant
objected
terms
compact
appears
although
state
colorado
permitted
intervene
litigation
state
colorado
la
plata
river
cherry
creek
ditch
attorney
general
represented
state
water
officials
moreover
compact
provides
article
vi
modified
terminated
time
mutual
consent
even
suggestion
either
state
ditch
company
expressed
desire
modify
terminate
sixth
water
officials
rely
defense
upon
rule
requiring
equitable
apportionment
water
interstate
stream
action
congress
approving
adjustment
equitable
apportionment
made
compacts
assent
congress
compact
colorado
new
mexico
make
statute
within
meaning
section
judicial
code
amended
question
validity
consent
presented
people
new
york
central
wall
claim
based
equitable
interstate
apportionment
water
like
one
based
proper
location
state
boundary
within
provisions
section
rust
land
lumber
jackson
appeal
must
therefore
dismissed
holding
state
engineer
subordinates
enjoined
taking
action
required
compact
state
denied
important
claim
constitution
may
reviewed
certiorari
section
amended
decision
necessarily
rests
upon
premise
time
compact
made
colorado
absolutely
entitled
least
cubic
feet
water
per
second
regardless
amount
left
new
mexico
judgment
stand
determination
erroneous
whether
water
interstate
stream
must
apportioned
two
question
common
law
upon
neither
statutes
decisions
either
state
conclusive
state
kansas
colorado
connecticut
massachusetts
new
jersey
new
york
washington
oregon
jurisdiction
controversies
concerning
rights
interstate
streams
different
concerning
boundaries
recognized
presenting
federal
questions
suggested
lacks
jurisdiction
determine
validity
effect
compact
colorado
new
mexico
parties
parties
suit
made
contention
unsound
cases
many
title
land
dependent
upon
boundary
passed
upon
upon
review
judgments
federal
state
courts
suits
private
litigants
reversed
justice
cardozo
took
part
consideration
decision
case
footnotes
rehearing
denied
hinderlider
la
plata
river
cherry
creek
ditch
compact
inception
legislature
state
authorized
appointment
commissioner
shall
represent
state
joint
commission
constituted
said
purpose
negotiating
entering
compact
agreement
said
consent
congress
respecting
future
utilization
disposition
waters
la
plata
river
streams
tributary
thereto
fixing
determining
rights
said
use
benefit
disposition
waters
said
stream
provided
however
compact
agreement
entered
behalf
said
shall
binding
obligatory
upon
either
said
citizens
thereof
unless
shall
ratified
approved
legislatures
congress
laws
session
laws
new
mexico
compact
drafted
commissioners
ratified
general
assembly
new
mexico
february
session
laws
new
mexico
general
assembly
colorado
april
colorado
session
laws
consent
congress
granted
act
january
stat
colorado
constitution
art
provides
water
every
natural
stream
heretofore
appropriated
within
state
colorado
hereby
declared
property
public
dedicated
use
people
state
subject
appropriation
hereinafter
provided
article
provides
part
right
divert
unappropriated
waters
natural
stream
beneficial
uses
shall
never
denied
priority
appropriation
shall
give
better
right
using
water
purpose
law
new
mexico
see
constitution
art
first
judgment
trial
entered
june
first
judgment
colorado
july
dismissal
first
appeal
march
second
judgment
trial
may
second
judgment
colorado
july
washington
oregon
compare
fowler
lindsey
dall
arkansas
tennessee
nine
colonial
boundary
agreements
listed
frankfurter
landis
compact
clause
study
interstate
adjustments
yale
five
agreements
made
articles
confederation
found
see
frankfurter
landis
supra
note
nine
compacts
apparently
executed
period
although
five
without
express
congressional
consent
see
frankfurter
landis
supra
note
see
also
ely
oil
conservation
interstate
agreement
june
state
government
dodd
interstate
compacts
rev
agreement
new
jersey
new
york
put
end
boundary
suit
begun
new
jersey
new
york
pet
pet
pet
see
also
connecticut
massachusetts
connecticut
river
new
jersey
new
york
delaware
river
wyoming
colorado
laramie
river
washington
oregon
walla
walla
river
three
water
approtionment
suits
pending
colorado
kansas
original
arkansas
river
nebraska
wyoming
original
north
platte
river
texas
new
mexico
original
rio
grande
river
long
drawn
irritating
boundary
litigation
rhode
island
massachusetts
pet
pet
pet
massachusetts
rhode
island
pet
rhode
island
pet
pet
pet
finally
settled
compact
see
frankfurter
landis
supra
note
withhold
suggestion
inspired
consideration
case
grave
problem
sewage
disposal
presented
large
growing
populations
living
shores
new
york
bay
one
likely
wisely
solved
study
conference
mutual
concession
part
representatives
vitally
interested
proceedings
however
constituted
page
congress
consented
compacts
ratified
two
contracting
see
state
government
supra
note
see
also
ely
supra
note
dodd
supra
note
cissna
tennessee
compare
rust
land
lumber
jackson
howard
ingersoll
reversed
alabama
decision
locating
boundary
depended
upon
construction
cession
territory
georgia
compare
coffee
groover
decisions
uniform
whether
interpretation
interstate
compact
presents
federal
question
compare
people
central
wall
wedding
meyler
wharton
wise
compare
handly
lessee
anthony
wheat
howard
ingersoll
poole
fleeger
pet
coffee
groover
louis
rutz
moore
maguire
cissna
tennessee
marine
ry
coal
smoot
sand
gravel
washington
airport