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QUIRICO v. HICKORY JACKSON DITCH CO.

No. 16712.

251 P.2d 937 (1952)

126 Colo. 464

QUIRICO et al. v. HICKORY JACKSON DITCH CO.

Supreme Court of Colorado, en Banc.

December 8, 1952.

Attorney(s) appearing for the Case

George M. Corlett, Charles R. Corlett and William R. Bartlett, Monte Vista, for plaintiffs in error.

Raphael J. Moses and William O. DeSouchet, Jr., Alamosa, for defendant in error.

STONE, Justice.

Defendant in error ditch company, as plaintiff below, sought injunction against Quirico and Kane, grounded upon asserted ownership of a water appropriation out of Rock Creek decreed as of September 24, 1919, to the Alamosa Ditch, and also upon asserted right to divert all the drainage water carried in Bowen Drainage Canal outlet at the point where the same crosses Rock Creek "by contract and filing an application for beneficial use," and diversion...

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