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ARCHULETA v. GOMEZ

No. 08SA109.

200 P.3d 333 (2009)

Ralph L. ARCHULETA, Plaintiff-Appellant v. Theodore GOMEZ, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

January 20, 2009.

Attorney(s) appearing for the Case

Max I. Exline, Pueblo, Colorado, Attorney for Plaintiff-Appellant.

MacDougall, Woldridge & Worley, P.C., Henry D. Worley, Colorado Springs, Colorado, Attorneys for Defendant-Appellee.

Justice HOBBS delivered the Opinion of the Court.

Plaintiff/Appellant Ralph L. Archuleta appeals a judgment entered by the District Court for Water Division No. 2. The judgment denied and dismissed Archuleta's complaint for an injunction against Theodore Gomez seeking restoration of three ditch rights-of-way and delivery of water through the ditches. The water court ruled that Gomez adversely possessed, and is now the owner of decreed irrigation water rights deeded...

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