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PRINSTER v. DISTRICT COURT OF SEVENTH JUDICIAL DIST.

No. 18469.

325 P.2d 938 (1958)

Frank PRINSTER, Jr., William V. Stone, Austen Redd, George Standifird, C. M. Chrismore, E. E. Chrismore, Joseph King, Lulu Ann King, W. R. Hall, Mesa County Valley School District No. 51, Keith Young, Mattie Morton, B. A. Reed, City of Grand Junction, Wirt W. Burns and Melvin B. Seevers, d/b/a Burns Packing Company, Melvin B. Seevers, individually, and J. D. Pinkerton, Plaintiffs, v. The DISTRICT COURT OF SEVENTH JUDICIAL DISTRICT of State OF COLORADO, and Honorable Dan H. Hughes, a Judge thereof, Defendants.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 9, 1958.

Attorney(s) appearing for the Case

Smith, Holmes & Williams, Haynie & Hotchkiss and James Golden, Eugene H. Mast, Gerald J. Ashby, Warren F. Reams, Adams, Heckman, Traylor & Ela, Grand Junction, for plaintiffs.

E. B. Underhill, Grand Junction, for defendants.

Moses & DeSouchet, Alamosa, Charles E. Sabin, LaJunta, Ranger Rogers, Denver, amici curiae.

HALL, Justice.

This is an original proceeding in the nature of prohibition.

In 1948 the District Court of Mesa County entered its decree in a general water adjudication proceeding and granted decreed priorities to eighteen claimants for the use of water from an alleged aquifer for domestic purposes. That decree became final nearly ten years ago. No review thereof has ever been sought in the trial court or this court. On January 8, 1957, eight of the...

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