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FARMERS WATER DEVELOPMENT COMPANY v. BARRETT

No. 19942.

376 P.2d 693 (1962)

FARMERS WATER DEVELOPMENT COMPANY, Plaintiff in Error, v. Claude BARRETT, Gordon Barrett, Charles Heldman, William Bray, Dan H. Hughes, Jr., Marvin Heldman, Willard Rogers, Kenneth Spellman, Boyd Buss, Frank Buss, Miles Naff, the Board of County Commissioners of San Miguel County and William Finnegan, George Mike Young and Eugene Adams, the members of said Board, Defendants in Error.

Supreme Court of Colorado. In Department.

December 3, 1962.

Attorney(s) appearing for the Case

Bryant, Petrie, Waldeck & King, Montrose, for plaintiff in error.

John A. Hughes, Montrose, for defendants in error, Claude Barrett, Gordon Barrett, Charles Heldman, William Bray, Dan H. Hughes, Jr., Marvin Heldman, Willard Rogers, Kenneth Spellman, Boyd Buss, Frank Buss and Miles Naff.

SUTTON, Justice.

This is an action to determine whether the Board of County Commissioners of San Miguel County may set charges for water carriage for plaintiff in error under the facts disclosed in this record. We shall refer to the plaintiff in error as plaintiff; to the various defendants in error who are individual water users as the defendants, and to the Board of County Commissioners and its membership as the Board. We note that the Board and its members are...

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