Bender v. District Court

Tuts is an original proceeding in the nature of prohibition. Complainants are plaintiffs in an action pending in the respondent district court, wherein defendants are THE CITY OF COLORADO SPRINGS, a Municipal Cor- ' poration, THE BROADMOOR HOTEL, INC., and THE SOUTH SUBURBAN WATER COMPANY.

Briefly, plaintiffs in the district court action, after alleging themselves to be the owners of certain described lands, further allege that in 1931 they procured water for the irrigation of their said lands by drilling a well into an aquifer, which is tributary to the Fountain River, and that by means of…