My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
WSP00020
CWCB
>
Water Supply Protection
>
Backfile
>
1-1000
>
WSP00020
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
1/26/2010 12:12:23 PM
Creation date
10/11/2006 9:28:57 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8276.130
Description
Grand Valley Unit-Colorado River Basin Salinity Control Project
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
6/10/1985
Title
Formal Organizations for Operation of Laterals In the Grand Valley Unit of the Colorado Basin Salinity Control Project
Water Supply Pro - Doc Type
Report/Study
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
56
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Show annotations
View images
View plain text
<br />_ w <br />".J' <br /> <br />l:'- <br />i.'- <br /> <br />. <br /> <br />. <br /> <br />Ci <br /> <br />,-, <br />-' <br />C' <br /> <br />rule of the Restatement of Property which providE!S that "the <br /> <br />extent of an easement created by prescription is fixed by the use <br /> <br />through which it was created." Restatement of Property, Sec. 477 <br /> <br />(l944) . <br /> <br />Section 478 of the Restatement of Property stcates as follows: <br /> <br />"In ascertaining whether a particular use is <br />permissible under an easement created by prescription <br />a comparison must be made between such use and the <br />use by which the easement was created with respect <br />to (a) their physical character, (b) their purpose, <br />(c) the relative burden caused by them upon the servient <br />tenement. II <br /> <br />In its conunents on Section 478, the Wright Court observed: <br /> <br />"This rule recognized that human behavior and the <br />circumstances which influence it inevitably change. <br />Thus, the beneficiary of an easement established <br />by prescription will be permitted to vary the use <br />of the easement to a reasonable extent. This <br />flexibility of use is limited, however, by concern <br />for the degree to which the variance further burdens <br />the servient estate. The imposition of this limitation <br />is emphasized by section 479 of the Restatement of <br />Property, which states as follows: <br /> <br />'In ascertaining whether a particular use is permissible <br />under an easement appurtenant created by prescription <br />there must be considered, in addition to the factors <br />enumerated in ~478, the needs which result from a <br />normal evolution in the use of the dominant tenement <br />and the extent to which the satisfaction of those <br />needs increases the burden on the servient tenement.'" <br />Id. ~479. <br /> <br />Based upon application of the above principles the Court <br /> <br />decided that where a road established by prescription was narrow <br /> <br />and had been used primarily for access to a few ranches, it could <br /> <br />not be widened and used for access to a planned subdivision under <br /> <br />the doctrine of "normal evolution." <br /> <br />-12- <br />
The URL can be used to link to this page
Your browser does not support the video tag.