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ATENCIO v. RICHFIELD CANAL COMPANY

No. 23506.

492 P.2d 620 (1972)

Zacarias ATENCIO et al., Plaintiffs in Error, v. RICHFIELD CANAL COMPANY, a Mutual Ditch Company, Defendant in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied January 31, 1972.

Attorney(s) appearing for the Case

Raphael J. Moses, George Vranesh, Boulder, for plaintiffs in error.

Henry Blickhahn, Alamosa, for defendant in error.

HODGES, Justice.

A unique water appropriation issue is presented on this writ of error. It can best be described and understood by briefly setting forth the fact situation involved.

Richfield Canal Company, the trial court defendant and the defendant in error here, is the owner of Priority No. 105 dated 1885 for 112.5 c.f.s. of water from the Conejos River. The decreed diversion point is approximately 250 ft. upstream from the confluence of the San Antonio...

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