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LAMONT v. RIVERSIDE IRRIGATION DISTRICT

No. 24580.

498 P.2d 1150 (1972)

Agnes LAMONT et al., Plaintiffs in Error, v. The RIVERSIDE IRRIGATION DISTRICT and the Riverside Reservoir and Land Company, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 24, 1972.

Attorney(s) appearing for the Case

William R. Kelly, John W. O'Hagan, Greeley, for plaintiffs in error.

Earl W. Haffke, Doyle T. Johns, Jr., Fort Morgan, for defendants in error.

KELLEY, Justice.

The Lamonts, plaintiffs, brought this action against the defendants, Riverside Irrigation District and The Riverside Reservoir and Land Company, to quiet title and enjoin interference with alleged rights in certain land and ground water. The facts show that the Lamonts own land which lies below the defendants' reservoir and between the reservoir and the South Platte River. Due to reservoir seepage, the Lamonts enjoyed a lush, subirrigated pastureland...

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