UPPER HARMONY DITCH CO. v. CARWIN

No. 26600.

539 P.2d 1282 (1975)

UPPER HARMONY DITCH CO., Plaintiff-Appellee, v. D. B. CARWIN and Pauline Carwin, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

July 28, 1975.


Attorney(s) appearing for the Case

Moses, Wittemyer & Harrison, P. C., Vranesh & Musick, George Vranesh, Boulder, for plaintiff-appellee.

Kreager & Dowis, Graydon F. Dowis, Jr., Sterling, for defendants-appellants.


GROVES, Justice.

This case involves the question of whether the plaintiff ditch company has retained its rights to an easement for a ditch through the defendants' property, which rights were acquired by the ditch company in 1908. The water division of the district court held that it had retained them. We affirm.

The ditch involved was constructed in 1897 by two persons well-known to students of early Colorado development, C. D. McPhee and J. K. Mullen. McPhee...

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