Pouchoulou v. Heath

Plaintiffs in error will be designated as plaintiffs and defendants in error will be referred to as defendants, the positions they occupied respectively in the trial court.

This action concerns the right of defendants to take water out of Alder Creek in San Miguel County, Colorado. The main issue tried and determined by the trial court was whether defendants had abandoned their decreed water right to water out of Alder Creek.

The trial court found from the evidence that plaintiffs failed to show abandonment “either in continued nonuse or intent to abandon.” The trial court found further: “That…