MOORE, Justice.
We will hereinafter refer to the parties as they appeared in the trial court, where plaintiff in error was petitioner, and defendant in error was respondent.
Petitioner sought to condemn the interests of respondent in irrigation ditch or ditches known as the Multa Trina Ditch and the Smart Ditch, located in Garfield county in Water District No. 45. The condemnation was sought under provisions of sections 12, 13 and 14, chapter 90, '35 C.S.A...
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