White v. Kehmeier

We shall refer to the parties as they appeared in the trial court, where plaintiff in error was plaintiff and defendants in error were defendants.

*79In his complaint plaintiff alleged that he is the owner of certain ditch, reservoir and water rights which take their supply of water from Oak Creek and that defendants own certain other ditch, reservoir and water rights which take their supply of water from nearby Dough-spoon Creek. It is further alleged that both Oak Creek and Doughspoon Creek derive their water from a common source, namely, from the melting snow on Grand Mesa and that when the…