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MATTER OF WATER RIGHTS OF V-HEART RANCH

No. 82SA496.

690 P.2d 1271 (1984)

In the Matter of the Application for WATER RIGHTS OF V-HEART RANCH, INC. Otho BAGWELL, Appellant, v. V-HEART RANCH, INC., Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 10, 1984.

Attorney(s) appearing for the Case

Lucero & Kadinger, P.C., Carlos F. Lucero, Peter L. Comar, Alamosa, for appellant.

Moses, Wittemyer, Harrison & Woodruff, P.C., Timothy J. Beaton, Raphael J. Moses, Boulder, for appellee, V-Heart Ranch, Inc.

KIRSHBAUM, Justice.

On March 31, 1982, the water judge for Water Division No. 3 granted an application for a change of water right to V-Heart Ranch, Inc. (V-Heart) for 7.54 c.f.s. of water decreed to the Beecroft Irrigating Ditch. Otho Bagwell, who objected to the petition, appeals the water court's conclusions that V-Heart owns the entire 7.54 c.f.s. of the decreed priority and that Bagwell had not acquired ownership of 3.77 c.f.s. of the priority by means of adverse...

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