Flasche v. Westcolo Co.

Plaintiffs in error, herein designated as petitioners, instituted an action in the district court to change the point of diversion of water, priority No. 153A awarded to the Hobo ditch under decrees of the district court of Garfield county, to a point 940 feet upstream to the headgate of a ditch called the New Hobo ditch. Certain junior appropriators, the headgates of whose ditches were located above both the headgate of the Hobo ditch and the proposed headgate of the New Hobo ditch, protested the change.

Petitioners owned also a later flood water right, 181EE of the same priority date as…