SHAWCROFT v. TERRACE IRRIGATION COMPANY

No. 18079.

333 P.2d 1043 (1958)

D. E. SHAWCROFT, Felix Valdez, Ernesto Valdez, Ed Ryker, J. G. Rivera, Weir Smith, J. A. Rivera, The Miller Ditch Company, Robert Peterson, Anthony Johns, R. W. Braiden, Al Price, Oscar Horton, Harley Armstrong, Capulin Ditch Company, and Union Ditch Company, The Seaman Syndicate Ditch Company, and Benjamin T. Poxson, as Executor of the Last Will and Testament of W. H. Adams, Deceased, and other water users and claimants from the Alamosa River Similarly Situated, Plaintiffs in Error, v. The TERRACE IRRIGATION COMPANY, a Mutual Ditch Company organized under the laws of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 2, 1959.


Attorney(s) appearing for the Case

John Ira Green, Antonito, Moses & DeSouchet, Alamosa, for plaintiffs in error.

Charles R. Corlett, Monte Vista, Henry Blickhahn, Alamosa, for defendant in error.


MOORE, Justice.

The Terrace Irrigation Company, to which we will hereinafter refer as petitioner, filed its petition in the district court of Conejos county by which it sought a decree authorizing a change in the point of diversion of water from the Alamosa river.

Plaintiffs in error protested the granting of the relief sought. In their answer they denied the allegations of petitioner and alleged affirmatively that the proposed changes in diversion points...

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