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KNAPP v. COLORADO RIVER WATER CONSERVATION DIST.

No. 17361.

279 P.2d 420 (1955)

131 Colo. 42

Harry G. KNAPP and Myrlie L. Knapp, Plaintiffs in Error, v. The COLORADO RIVER WATER CONSERVATION DISTRICT, a quasi-municipal corporation of the State of Colorado; The Palisade Irrigation District, a quasimunicipal corporation of the State of Colorado; The City and County of Denver, a municipal corporation; The Grand County Irrigated Lands Company, a mutual Irrigation corporation; Carl R. Taussig; Paul E. Taussig; Willard S. Taussig; W. Kilker; Charles Kilker; Leonard Wood; Frank Wood; Earl McQueary; Oscar Berg; Francis J. Jesmer; Anna H. Gardner; Frank Pickering; Gunnar Dale; Alvin Buerger; Joseph Wray; Earnest Hilderbrand; Charles Shore; E. A. Woodson; Fred A. Field; George Field; D. C. Bromfield; and Frank C. Black, Defendants in Error.

Supreme Court of Colorado, En Banc.

January 24, 1955.

Attorney(s) appearing for the Case

Messrs. Barnard & Barnard, Granby, for plaintiffs in error.

Mr. Frank Delaney, Glenwood Springs, for defendants in error, Colorado River Water Conservation Dist. and Palisade Irrigation Dist.

Mr. John C. Banks, Mr. Glenn G. Saunders, Denver, for defendant in error, City and County of Denver.

Mr. Omer Griffin, Denver, for defendant in error Carl R. Taussig.

Mr. Hugh Gilmore, Hot Sulphur Springs, for defendants in error, The Grand County Irrigated Lands Co. and Frank C. Black.

CLARK, Justice.

In this cause, now before us on review for the second time, the trial court, on rehearing following remand, determined total abandonment of the water rights under priority No. 129 in water district No. 51, by decree awarded to the Williams Fork Ditch on December 11, 1906, for 150 second feet of water for irrigation purposes, with priority thereto as of June 28, 1902, and entered judgment accordingly.

The decision by our Court upon our first...

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