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CEDAR MESA RESERVOIR CO. v. ORCHARD CITY IRR. DIST.

No. 22174.

443 P.2d 373 (1968)

CEDAR MESA RESERVOIR COMPANY, Park Reservoir Company and Y and S Reservoir Company, Plaintiffs in Error, v. ORCHARD CITY IRRIGATION DISTRICT, Defendant in Error.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing August 6, 1968.

Attorney(s) appearing for the Case

Conklin, Carroll & Willett, Delta, for plaintiffs in error.

A. Allen Brown and Robert A. Brown, Delta, for defendant in error.

DAY, Justice.

The parties appear here in the same order as in the trial court, and we will refer to plaintiffs in error as petitioners and defendant in error Orchard City Irrigation District as the district.

The district owns and operates Fruit Growers Reservoir, situated almost midway between the lower reaches of Surface Creek and Dry Creek in Delta County. The two streams are parallel and adjacent tributaries to the Gunnison River.

In 1907 Fruit...

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