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LAKE MEREDITH RESERVOIR CO. v. AMITY MUT.

No. 83SA299.

698 P.2d 1340 (1985)

LAKE MEREDITH RESERVOIR COMPANY, a Colorado corporation, Appellant, v. The AMITY MUTUAL IRRIGATION COMPANY, a Colorado corporation, the Box Springs Canal and Reservoir Company, a corporation, Twin Lakes Reservoir and Canal Company, and Robert W. Jesse, Division Engineer for Water Division No. 2, Appellees, and The Fort Lyon Canal Company, Intervenor-Appellee.

Supreme Court of Colorado, En Banc.

April 29, 1985.

Attorney(s) appearing for the Case

Moses, Wittemyer, Harrison and Woodruff, P.C., John Wittemyer, Timothy J. Beaton, Boulder, for appellant.

Shinn Lawyers, Carl M. Shinn, Lamar, for appellee The Amity Mut. Irr. Co.

Lefferdink & Davis, John J. Lefferdink, Lamar, Calkins, Kramer, Grimshaw & Harring, Wayne B. Schroeder, P.C., Bruce D. Bernard, Denver, for intervenor-appellee.

No appearance for The Box Springs Canal and Reservoir Co., Twin Lakes Reservoir and Canal Co., and Robert W. Jesse, Div. Engineer for Water Div. No. 2.

LOHR, Justice.

The Lake Meredith Reservoir Company (Lake Meredith) appeals from a judgment of the District Courts in and for Water Division 2 (water court) dismissing for lack of prosecution a suit filed by Lake Meredith in 1931. We affirm.

I.

In 1931, Lake Meredith filed an action in Bent County District Court against The Arkansas Valley Sugar Beet and Irrigated Land Company (Land Company), predecessor-in-interest to appellee The Amity Mutual Irrigation...

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