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BITTERSWEET FARMS, INC. v. ZIMBELMAN

No. 97CA0339.

976 P.2d 326 (1998)

BITTERSWEET FARMS, INC., Plaintiff-Appellant, v. Jack ZIMBELMAN and Donald Zimbelman, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

Rehearing Denied September 10, 1998.

Certiorari Denied April 19, 1999.

Attorney(s) appearing for the Case

Wood, Ris & Hames, P.C., E. Gregory Martin, Dennis A. Hanson, Denver; Kenneth S. Copple & Associates, P.C., Kenneth S. Copple, Fort Collins, for Plaintiff-Appellant.

Gregg C. McReynolds, P.C., Gregg C. McReynolds, Englewood, for Defendants-Appellees.

Opinion by Judge KAPELKE.

Plaintiff, Bittersweet Farms, Inc., (Bittersweet) appeals the judgment of the trial court dismissing with prejudice its claims of negligence and trespass against defendants, Jack and Donald Zimbelman. We affirm.

Each of the Zimbelmans owns farmland adjacent to, and upstream from, Bittersweet's property. To irrigate their land, the Zimbelmans rely in part on tail water, or excess irrigation water, which flows onto their property from...

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