Water law?

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Lepplady

Lepplady

Chillin' since 2006
Nov 30, 2006
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Red Stick
I have a Facebook friend that's been complaining about problems with a neighbor for a long time. He damages her property and has abused her animals. Today, he killed her cat and left it for her to find. She insists that the local law enforcement won't do anything about it because they share a water source, so he's got the right to come on her property. As she puts it, "Water law supersedes all others" in her area.
Is it just me or is that bogus? She's got some legal recourse, doesn't she? Anybody know anything about this water law superseding all others nonsense? This jerk can't just walk on trespassing, property damages, animal cruelty and now killing animals just because of a water source, can he?
 
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Grandpa

Grandpa

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Mar 2, 2014
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Well, I'm no lawyer, but at least as I understand in Colorado, if one's access to one's water right is on another's land, there has to be reasonable access to the water right. Not constant. Not unlimited. Reasonable.

(My knowledge about Colorado water rights is certainly not definitive, and my knowledge about water rights in other states is nonexistent, except for the prevailing principle about water rights in the West: "Water flows to money.")

Vandalism and animal cruelty are entirely separate issues. Of course he wouldn't have the right to do that. Either the law enforcement people are being jackwagons, or you're not hearing the full extent of the story. In any case, if law enforcement isn't helping, their next step is to go to a lawyer who knows about property and water rights to write a cease-and-desist letter or even file for a restraining order that, if granted, law enforcement would have to enforce.
 
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kingricefan

kingricefan

All-being, keeper of Space, Time & Dimension.
Jul 11, 2006
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Spokane, WA
Oh, Lord, I'd be buying me a gun. A powerful one. If anyone touched one of my cats it would be the last thing they ever did. Something is wrong with this picture. Is the a**hat related to the local 'authorities'? I just can't believe that 'they' cannot do anything. What's next? Is he going to kill your friend? He needs to be stopped before things get really out of hand (I think they already have). He needs to become a speed bump in your friend's driveway-soon!
 
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Mr Nobody

Mr Nobody

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Jul 9, 2008
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Walsall, England
A right to access her property for water wouldn't grant the right to damage that property or kill or otherwise abuse her pets. The law should have something to say about that, even if she can't stop the guy going onto her land.
(Though, with that in mind, punji sticks are your friends - and easily removed and replaced with a flower bed. :devil:)
 
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blunthead

blunthead

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Aug 2, 2006
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Atlanta GA
Lepplady said:
...he killed her cat and left it for her to find....animal cruelty and now killing animals ...
Click to expand...
If it can be proven that he abused animals and killed the cat (if there's proof he admits doing these things) there are cruelty-to-animals laws which apply. I guess I'd encourage her to contact an attorney for advise on what recourses she has in terms of her sharing a water source, as well as the neighbor's treatment of animals. Meanwhile, I'm on her side in this, but one way to protect a cat is to not allow it outdoors. I realize that if the cat is already an outdoor one a change of habit might be difficult. The same idea goes for dogs. But there are conceivably no laws anywhere forcing pet owners to keep their cats and dogs indoors.
 
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Mr Nobody

Mr Nobody

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If he killed one of my cats, he'd be eating through a straw for a good long while. If he killed all three, he'd 'lose' one of his kids or his wife - and he'd be eating through a straw. And he could blame me all day long, there'd be not a scrap of proof to back him up.
He wouldn't mess with me for long, the piece of...

(See, I'm actually a nice guy. Because of that, I can't see why people act the way this guy is. But if people wanted to be a-holes, they'd find it's a game I can play. I don't like to, at all...but what goes around comes around, and I pay people back in their own coin - with interest.)
 
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FlakeNoir

FlakeNoir

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Apr 11, 2006
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Lepplady said:
Kitties. She's found two more like that now.
Click to expand...

No! What he's done and doing angers me so much.

Mr Nobody said:
If he killed one of my cats, he'd be eating through a straw for a good long while. If he killed all three, he'd 'lose' one of his kids or his wife - and he'd be eating through a straw. And he could blame me all day long, there'd be not a scrap of proof to back him up.
He wouldn't mess with me for long, the piece of...

(See, I'm actually a nice guy. Because of that, I can't see why people act the way this guy is. But if people wanted to be a-holes, they'd find it's a game I can play. I don't like to, at all...but what goes around comes around, and I pay people back in their own coin - with interest.)
Click to expand...
Oh no Mr. Nobody.... this wouldn't make it better. :sad:
 
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