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AUBERT v. TOWN OF FRUITA

No. 27039.

559 P.2d 232 (1977)

Lawrence R. AUBERT et al., Plaintiffs-Appellees, v. TOWN OF FRUITA, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

January 31, 1977.

Attorney(s) appearing for the Case

Williams, Turner & Holmes, Anthony W. Williams, Grand Junction, for plaintiffs-appellees.

Graham & Dufford, D. J. Dufford, Grand Junction, for defendant-appellant.

HODGES, Justice.

To utilize its right to store water for domestic use, the Town of Fruita (appellant) built an on-channel reservoir and dam in 1935 and enlarged it in 1959, 1962 and 1967. The enlarged dam blocks the entire flow on the west fork of East Creek and it is conceded by appellant that there is no facility constructed in the dam to permit the downstream passage of water.

The appellees hold direct flow rights downstream on East Creek which are senior...

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