GRIMES-BROOKS RESERVOIR CO. v. KAYSER

No. 25315.

502 P.2d 1104 (1972)

GRIMES-BROOKS RESERVOIR COMPANY, a Colorado corporation, et al., Plaintiffs-Appellants, v. Albert E. KAYSER et al., Defendants-Appellees.

Supreme Court of Colorado, En Banc.

November 13, 1972.


Attorney(s) appearing for the Case

Cosgriff, Dunn & French, Eagle, Hugh R. Warder, Eagle, for plaintiffs-appellants.

Delaney & Balcomb, John A. Thulson, Kenneth Balcomb, Glenwood Springs, for defendants-appellees.


GROVES, Justice.

The issue here is whether the plaintiffs or defendants are entitled to certain mountain water. This spring run-off water flows near the head waters of two creeks: Red Dirt Creek and Sutton Creek. The plaintiffs' rights are for water from Red Dirt Creek, and those of the defendants are for diversions from Sutton Creek. By comparatively simple means this water can be directed to either creek. If the natural flow historically was down Red Dirt Creek...

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