MEANS v. PRATT

No. 18037.

331 P.2d 805 (1958)

W. Richard MEANS, Plaintiff in Error, v. Harold E. PRATT, H. Alan Tuttle, E. Leonard Loukonen, Reino E. Loukonen, Katri Loukonen, Upper Baldwin Ditch Company, and Water Users Association, District No. 5, Boulder County, Colorado, an unincorporated Association, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 1, 1958.


Attorney(s) appearing for the Case

Akolt, Turnquist, Shepherd & Dick, Robert A. Dick, Denver, for plaintiff in error.

Dudley I. Hutchinson, Dudley I. Hutchinson, Jr., T. Henry Hutchinson, Boulder, for defendants in error.


SUTTON, Justice.

Plaintiff in error, to whom we will refer as petitioner, petitioned the district court for a change of point of diversion of his claimed water right in Lykens Canyon from Dry Creek, a tributary of the South St. Vrain River in Water District No. 5, Boulder County, Colorado. Notice was given pursuant to the statute, and a number of protestants appeared, among whom are the defendants in error.

Petitioner claims a priority by virtue of an original...

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