ORCHARD CITY IRRIGATION DISTRICT v. WHITTEN

No. 18470.

361 P.2d 130 (1961)

ORCHARD CITY IRRIGATION DISTRICT, Plaintiff in Error, v. J. E. WHITTEN, State Engineer, Defendant in Error, and Durkee Ditch Company, Defendant in Error.

Supreme Court of Colorado. In Department.

Rehearing Denied May 1, 1961.


Attorney(s) appearing for the Case

Stewart & Brown, Delta, E. L. Dutcher, Gunnison, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., John B. Barnard, Jr., Asst. Atty. Gen., for defendant in error J. E. Whitten, State Engineer.

Sparks, Conklin & Carroll, Delta, for defendant in error Durkee Ditch Co.


DAY, Justice.

The parties appear here in the same order as in the trial court, and we will refer to them as plaintiff and defendants or by name.

Plaintiff owns and operates Fruit Growers Reservoir, situated almost midway between the lower reaches of Surface Creek and Dry Creek in Delta County, Irrigation Division No. 4, Water District No. 40. The two streams are parallel and adjacent tributaries to the Gunnison River. The reservoir is supplied with water largely...

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