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ACKERMAN v. CITY OF WALSENBURG

No. 22853.

467 P.2d 267 (1970)

J. D. ACKERMAN and Cucharas Irrigation Company, Plaintiffs in Error, v. CITY OF WALSENBURG, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 27, 1970.

Attorney(s) appearing for the Case

Saunders, Dickson, Snyder & Ross, P. C., Glenn G. Saunders, Denver, Phelps, Fonda, Hays & Wills, Henry P. Hays, Donald E. Abram, Pueblo, for plaintiffs in error.

Angelo F. Mosco, Walsenburg, Raphael J. Moses, Boulder, for defendant in error.

DAY, Justice.

Plaintiffs in error are two of fifty-four protestants in a proceeding in which the City of Walsenburg sought a decree with relation to its water rights purchased from neighboring land owners. The other protestants are not challenging the decree.

Ackerman is the owner of Stevens and Maria Reservoirs with storage rights senior to the storage rights of the City of Walsenburg but junior to the direct flow rights which Walsenburg purchased. The Huerfano...

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