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IN RE WATER RIGHTS OF FORT LYON CANAL CO.

No. 26079.

519 P.2d 954 (1974)

In the Matter of the Application for WATER RIGHTS OF the FORT LYON CANAL COMPANY IN PROWERS COUNTY. Darrell PERDUE and Dessie Perdue, Appellants, v. The FORT LYON CANAL COMPANY et al., Appellees.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing March 25, 1974.

Attorney(s) appearing for the Case

Johnson, McLachlan, Tempel & Gehlhausen, Harlan Johnson, Lamar, for appellants.

Gordon, Lefferdink & Legg, John J. Lefferdink, Lamar, for appellee, The Fort Lyon Canal Co.

Welborn, Cook, Phipps & Brown, David R. Phipps, Denver, for appellee, CF & I Steel Corp.

Robert G. Rogers, Lamar, for appellee, The Amith Mutual Irrigation Co.

Fairfield & Woods, Charles J. Beise, Denver, for appellee, James Wagner.

GROVES, Justice.

This action involves some of the waters of Thurston Lake in Prowers County. In granting a conditional decree to the appellee Fort Lyon Canal Company, the water judge ruled that by reason of an agreement this decree was superior to an earlier decree obtained by the appellants, the Perdues. We affirm.

At all material times Fort Lyon has been the owner of the land upon which Thurston Lake is located. Of prime importance in the case is the water...

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