CLINE v. WHITTEN

No. 18923.

355 P.2d 306 (1960)

Mildred CLINE, and as next friend of Foster Cline, Jr., and Stephen Robert Cline, minors, Plaintiffs in Error, v. J. Eugene WHITTEN, State Engineer of Colorado, his deputies, agents or employees, and their successors in office, Defendants in Error.

Supreme Court of Colorado. In Department.

September 19, 1960.


Attorney(s) appearing for the Case

Foster Cline, Denver, for plaintiffs in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., John B. Barnard, Jr., Asst. Atty. Gen., for defendants in error.


HALL, Justice.

The parties appear here in the same order as they appeared in the trial court. We refer to them as plaintiffs and defendants.

Plaintiffs in their complaint (labeled petition) allege:

That they are the owners of lands located in Sections 2, 11 and 12, Township 9 South, Range 76 West, Park County, Colorado;

That there are springs on Section 2 from which there is a constant flow of water which is not tributary to any natural stream...

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