STONEWALL ESTATES, a joint venture consisting of John W. Mecom, Mary Elizabeth Mecom and Clyde Dawn, Appellant,
v.
CF&I STEEL CORP., Hoehne Ditch Co., Stanley S. Barron, Jr., Shirley V. Barron, Robert G. Parsons, M. Bernard Parsons, Parsons Land and Cattle Company, Myrtle Parsons Waite, Ray D. Russell, El Moro Ditch Co. and Picketwire Ditch Co., Inc., Appellees.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
March 19, 1979.
As Modified on Denial of Rehearing April 16, 1979.
Rehearing Denied April 30, 1979.
Attorney(s) appearing for the Case
Holme, Roberts & Owen, Kenneth J. Burke, Michael F. Browning, Denver, for appellant.
Ireland, Stapleton & Pryor, P. C., Monte Pascoe, Kirk B. Holleyman, Gretchen VanderWerf, Denver, for appellees Stanley S. Barron, Jr., Shirley V. Barron, Robert G. Parsons, M. Bernard Parsons, Parsons Land and Cattle Co., Myrtle Parsons Waite, and Ray D. Russell.
Welborn, Dufford, Cook & Brown, Robert F. Welborn, Debra Lappin, Denver, for appellee CF&I Steel Corp.
Calkins, Kramer, Grimshaw & Harring, Denver, Wayne B. Schroeder, Boulder, for appellee Hoehne Ditch Co.
Dennis Michael Malone, Trinidad, for appellees El Moro Ditch Co. and Picketwire Ditch Co., Inc.
Supreme Court of Colorado, En Banc.
GROVES, Justice.
The water court1 set aside a prior judgment and decree awarding absolute and conditional rights to non-tributary underground water for the reason that it lacked jurisdiction. The determination of lack of jurisdiction was based upon the fact that the notice given by résumé was defective in that it failed to specify that the water involved was claimed to be non-tributary. We affirm.
The appellant Stonewall...
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