In the United States v. Ellicott case of 1911, the Supreme Court ruled on a dispute involving land ownership and water rights in Colorado. The defendant, Thomas H. Ellicott, had constructed a dam across Fountain Creek which caused flooding to neighboring properties owned by the government for military purposes at Fort Carson. The U.S., as plaintiff, sought an injunction against Ellicott's use of his dam that was causing damage to its property due to overflow from Fountain Creek. The court held that even though Mr. Ellicott had legal title over his land where he built his dam under state law (Colorado), it did not give him absolute right to use this property in any manner he pleased without regard for consequences affecting others' lands or interests - especially when those other lands were owned by federal government for public uses such as military installations like Fort Carson. This decision reaffirmed principles of common law regarding riparian rights (rights related to water bodies) and nuisance laws; emphasizing that private property rights are subject always being balanced with public interest considerations and responsibilities towards neighbors' properties.

In the dissenting opinion for United States v. Ellicott, it was argued that the majority's decision to uphold a lower court ruling in favor of Ellicott was incorrect. The dissenting justices believed that the government should not be held liable for damages caused by changes in river flow due to construction work carried out by its agents. They contended that such alterations were an inevitable consequence of public works projects and did not constitute a violation of private property rights under the Fifth Amendment, which prohibits taking without just compensation. Furthermore, they asserted that if every change resulting from public improvements could form grounds for claims against the government, it would severely hinder progress and development efforts nationwide as well as place undue financial burden on taxpayers who ultimately bear these costs.