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BOULDER & WHITE ROCK DITCH & RES. CO. v. CITY OF BOULDER

No. 20788.

402 P.2d 71 (1965)

The BOULDER AND WHITE ROCK DITCH AND RESERVOIR COMPANY et al., Plaintiffs in Error, v. The CITY OF BOULDER, Colorado, the New Anderson Ditch Company and the Farmers Ditch Company, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 24, 1965.

Attorney(s) appearing for the Case

Secor, McCarty, Flanders & Wood, Longmont, Fischer, Fischer & Beatty, Fort Collins, for plaintiffs in error.

Neil C. King, City Atty., Marvin B. Woolf, Asst. City Atty., Raphael J. Moses, Sp. Counsel, Boulder, for defendants in error.

SUTTON, Justice.

The City of Boulder, plaintiff in the district court, and hereinafter referred to as the City, sought and was granted, subject to certain conditions, a decree permitting it to change the point of diversion of water represented by 24 131/240 shares of The New Anderson Ditch Company, owner of the Anderson Ditch (equal to 6.14 cubic feet of water per second of time) and, 5 61/64 shares of The Farmers Ditch Company, owner of the Farmers Ditch (equal to...

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