In Re Water Rights of Fort Lyon Canal Co.

This action involves some of the waters of Thurston Lake in Prowers County. In granting a conditional decree to the appellee Fort Lyon Canal Company, the water judge ruled that by reason of an agreement this decree was superior to an earlier decree obtained by the appellants, the Perdues. We affirm.

At all material times Fort Lyon has been the owner of the land upon which Thurston Lake is located. Of prime importance in the case is the water judge’s finding that the waters of Thurston Lake are non-tributary to any stream. This finding is not contested here.

Under date of April 19, 1954, Fort…