owner claim (Colorado) · Go Syfert
← Colorado issues

owner claim in Colorado

16 Colorado opinions name it 2 courts 1897–2016 0 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
V Bar Ranch LLC v. Cottengreen
colo · 2010 · cited in 2 Colorado opinions naming this issue, 2016–2016
2 sentences

2016As we have previously made clear, "[a]n appropriator may not enlarge an appropriation, even if the enlarged use does not go beyond the decreed amount, without establishing all of the elements of an independent appropriation . . . ." V Bar Ranch, 233 P.3d at 1209 (emphasis added).

2016As we have previously made clear, "[a]n appropriator may not enlarge an appropriation, even if the enlarged use does not go beyond the decreed amount, without establishing all of the elements of an independent appropriation . . . ." V Bar Ranch, 233 P.3d at 1209 (emphasis added).

22
Southeastern Colorado Water Conservancy District v. Twin Lakes Associates, Inc.green
colo · 1989 · cited in 2 Colorado opinions naming this issue, 1993–2009
2 sentences

2009Colo. Water Conservancy Dist. v. Twin Lakes Associates, Inc., 770 P.2d 1231, 1238 (Colo.1989) ("Any attempt by the former owner to claim a priority relating back to the priority date of the former right is of no avail.").

2009Colo. Water Conservancy Dist. v. Twin Lakes: Associates, Inc., 770 P.2d 1231, 1238 (Colo.1989) ("Any attempt by the former owner to claim a priority relating back to the priority date of the former right is of no avail.").

12
Archuleta v. Gomezgreen
colo · 2009 · cited in 1 Colorado opinions naming this issue, 2012–2012
1 sentence

2012Archuleta v. Gomez, 200 P.3d at 337, 342, 345 . ¶ 9 Quantification of the use Gomez and Archuleta actually made of the deeded interests in dispute is required because the mature limit, seope, and measure of a water right is not equivalent to the flow of water diverted (typically expressed in cubic feet per second (e.f.s.)) but, rather, is the amount of water needed and consumed annually in making beneficial use of the water-in this ease, for crop production (typically quantified by number of acre-feet).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (14)

CaseCitedYears
Pool v. Wedemeyer & Schulte neutral
tex · 1882
2 sentences

1897The contract or consent of the owner need not be stated with the precision necessary in pleading; but facts must be stated sufficiently to connect the owner with the claim for a lieu.” See, also, Keller v. Houlihan, 32 Minn. 486 ; McGeauflin v. Beeden, 41 Minn. 408 ; Pool v. Wedemeyer, 56 Tex. 287 .

1897The contract or consent of the owner need not be stated with the precision necessary in pleading; but facts must be stated sufficiently to connect the owner with the claim for a lieu.” See, also, Keller v. Houlihan, 32 Minn. 486 ; McGeauflin v. Beeden, 41 Minn. 408 ; Pool v. Wedemeyer, 56 Tex. 287 .

21897–1897
Keller v. Houlihan neutral
minn · 1884
2 sentences

1897The contract or consent of the owner need not be stated with the precision necessary in pleading; but facts must be stated sufficiently to connect the owner with the claim for a lieu.” See, also, Keller v. Houlihan, 32 Minn. 486 ; McGeauflin v. Beeden, 41 Minn. 408 ; Pool v. Wedemeyer, 56 Tex. 287 .

1897The contract or consent of the owner need not be stated with the precision necessary in pleading; but facts must be stated sufficiently to connect the owner with the claim for a lieu.” See, also, Keller v. Houlihan, 32 Minn. 486 ; McGeauflin v. Beeden, 41 Minn. 408 ; Pool v. Wedemeyer, 56 Tex. 287 .

21897–1897
McGlauflin v. Beeden neutral
minn · 1889
2 sentences

1897The contract or consent of the owner need not be stated with the precision necessary in pleading; but facts must be stated sufficiently to connect the owner with the claim for a lieu.” See, also, Keller v. Houlihan, 32 Minn. 486 ; McGeauflin v. Beeden, 41 Minn. 408 ; Pool v. Wedemeyer, 56 Tex. 287 .

1897The contract or consent of the owner need not be stated with the precision necessary in pleading; but facts must be stated sufficiently to connect the owner with the claim for a lieu.” See, also, Keller v. Houlihan, 32 Minn. 486 ; McGeauflin v. Beeden, 41 Minn. 408 ; Pool v. Wedemeyer, 56 Tex. 287 .

21897–1897
Rominger v. Squires green
colo · 1886
1 sentence

2009Id.

12009–2009
Board of Assessment Appeals v. Valley Country Club green
colo · 1990
1 sentence

1992If a protest was not filed, then the new owner may challenge the value; even though the new owner may have held title for only part of the assessment year, (emphasis added) See Board of Assessment Appeals v. Country Club, 792 P.2d 299 (Colo.1990) (it is appropriate for court to give deference to the contemporaneous construction of a statute by the agency charged with its administration).

11992–1992
Farmers Reservoir & Irrigation Co. v. Fulton Irrigating Ditch Co. green
colo · 1941
2 sentences

1989Farmers, 108 Colo. at 486 , 120 P.2d at 199 .

1989Farmers, 108 Colo. at 486 , 120 P.2d at 199 .

11989–1989
People v. Willson green
colo · 1974
2 sentences

1988After noting that the Liquor Code authorized the Department of Revenue to make rules “necessary for the proper regulation and control of the sale of alcohol” and that such regulations “may cover practices ‘unduly designed to increase the consumption of alcoholic beverages,’ ” 187 Colo. at 144 , 528 P.2d at 1316 , we concluded: Analysis of the legislative scheme of the Liquor Code indicates that the regulation in question is clearly within the power delegated to the Department of Revenue.

1988After noting that the Liquor Code authorized the Department of Revenue to make rules “necessary for the proper regulation and control of the sale of alcohol” and that such regulations “may cover practices ‘unduly designed to increase the consumption of alcoholic beverages,’ ” 187 Colo. at 144 , 528 P.2d at 1316 , we concluded: Analysis of the legislative scheme of the Liquor Code indicates that the regulation in question is clearly within the power delegated to the Department of Revenue.

11988–1988
Largo Corp. v. Crespin red
colo · 1986
1 sentence

1987Cf. Largo Corp. v. Crespin, 727 P.2d 1098 (Colo.1986).

11987–1987
Webber v. Wannemaker neutral
colo · 1907
1 sentence

1927Webber v. Wannemaker, 39 Colo. 425, 433 , 89 Pac. 780 .

11927–1927
Koch v. Story green
colo · 1910
1 sentence

1923Koch v. Story, 47 Colo. 335 , 107 Pac. 1093 .

11923–1923
Bauman v. Ross green
scotus · 1897
2 sentences

1917If this hearing is afforded at some stage of the proceedings, he is given the opportunity to be heard which the fundamental law contemplates.” (Citing Bauman v. Ross, 167 U. S. 548 , 42 L.

1917If this hearing is afforded at some stage of the proceedings, he is given the opportunity to be heard which the fundamental law contemplates.” (Citing Bauman v. Ross, 167 U. S. 548 , 42 L.

11917–1917
Doherty v. Morris green
colo · 1891
1 sentence

1905This court has decided that labor performed by the owner of a claim in constructing a wagon road, a small part of which was within the boundary of the claim, for the purpose of better developing the claim, may be treated as a compliance with the law relating to annual assessments thereon. — Dougherty v. Morrison, 17 Colo. 105 .

11905–1905
Walrath v. Champion Min. Co. neutral
circtndca · 1894
1 sentence

1903In the Walrath case, supra, which was twice before the circuit court of appeal's ( 63 Fed. 552 ; 72 Fed. 978 ) and once before the supreme court of the United States, there are some expressions in the opinions of the circuit court of appeals from which, taken alone, it might be inferred that under facts like those here present, the owner of a claim would have extra lateral rights in the discovery vein even beyond the point where, on its strike, it leaves the side line, and that the bounding planes, within which such rights are to be exercised, must be drawn through the two end lines.

11903–1903
Walrath v. Champion Min. Co. neutral
ca9 · 1896
1 sentence

1903In the Walrath case, supra, which was twice before the circuit court of appeal's ( 63 Fed. 552 ; 72 Fed. 978 ) and once before the supreme court of the United States, there are some expressions in the opinions of the circuit court of appeals from which, taken alone, it might be inferred that under facts like those here present, the owner of a claim would have extra lateral rights in the discovery vein even beyond the point where, on its strike, it leaves the side line, and that the bounding planes, within which such rights are to be exercised, must be drawn through the two end lines.

11903–1903

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 37-92-103 (5) CO § Colo. Rev. Stat. § 13-4-102 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 98 (1887–2026) NY 92 (1850–2026) CA 83 (1866–2026) LA 65 (1904–2025) PA 35 (1835–2022) CT 31 (1871–2017) VT 26 (1861–2026) IL 25 (1881–2021) FL 17 (1952–2017) MA 16 (1915–2026) CO 16 (1897–2016) OK 16 (1892–2025) AL 15 (1876–2016) MI 13 (1908–2019) MD 13 (1968–2024) NC 13 (1905–2022) WA 12 (1926–2017) GA 11 (1923–2023) MO 11 (1910–2012) OR 10 (1920–2019) AZ 10 (1925–2018) IA 10 (1873–2026) IN 9 (1887–2012) AR 9 (1910–1965) WI 9 (1882–2024) MN 9 (1925–2016) NJ 9 (1968–2026) NE 9 (1895–2003) SC 7 (1921–2026) DE 7 (1920–2020) KS 7 (1901–2019) ND 6 (1946–2019) WV 6 (1882–1989) NM 5 (1917–1993) MS 5 (1918–1995) TN 5 (1922–2020) ID 4 (1964–2007) OH 4 (1894–2018) MT 4 (1927–2015) SD 4 (1952–2022) WY 3 (1981–2012) VA 3 (1904–2008) RI 3 (2003–2005) DC 3 (1973–1996) ME 2 (1989–2005) KY 2 (1934–1992) NH 2 (2007–2008) HI 2 (1906–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check