GRANBY DITCH & RESERVOIR CO. v. HALLENBECK

No. 16783.

255 P.2d 965 (1953)

127 Colo. 236

GRANBY DITCH & RESERVOIR CO. v. HALLENBECK et al.

Supreme Court of Colorado, en Banc.

Rehearing Denied April 20, 1953.


Attorney(s) appearing for the Case

Stewart & Brown, Delta, for plaintiff in error.

Gueno & Sparks, Delta, for defendants in error.


STONE, Chief Justice.

Plaintiff in error corporation, a mutual ditch company, is the owner of the Granby Ditch, to which has been decreed ten cubic feet of water per second of time from Dirty George Creek, with a priority of May 1, 1894. The location of the headgate on the creek is established by the decree. The present action was brought to quiet title and confirm plaintiff's right to divert and use water intercepted by it below its headgate, including waters intercepted...

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