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ROARING FORK CLUB, L.P. v. ST. JUDE'S CO.

No. 00SC372.

36 P.3d 1229 (2001)

ROARING FORK CLUB, L.P., Petitioner, v. ST. JUDE'S COMPANY, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing December 17, 2001.

Attorney(s) appearing for the Case

Hale Hackstaff, Tymkovich & Erkenbrack, LLP, Timothy M. Tymkovich, Richard A. Westfall, John R. Paddock, Jr., Denver, CO, Patrick, Miller & Kropf, PC, Kevin L. Patrick, Scott C. Miller, Aspen, CO, Attorneys for Petitioner.

Gregory J. Cucarola, Sterling, CO, Attorney for Respondent.

Justice KOURLIS delivered the Opinion of the Court.

I.

In this case we address the unilateral alteration of irrigation ditches. St. Jude's Company (hereinafter Ranch) owns 240 acres of agricultural land near Basalt, Colorado. Roaring Fork Club, L.P., (hereinafter Club) acquired the neighboring, upgradient property adjoining Ranch's in 1995. Previously, the owner of Club's land had used it for agricultural purposes; however, Club developed the property for...

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