Cedar Mesa Reservoir Co. v. Orchard City Irrigation District

The parties appear here in the same order as in the trial court, and we will refer to plaintiffs in error as petitioners and defendant in error Orchard City Irrigation District as the district.

The district owns and operates Fruit Growers Reservoir, situated almost midway between the lower reaches of Surface Creek and Dry Creek in Delta County. The two streams are parallel and adjacent tributaries to the Gunnison River.

In 1907 Fruit Growers Reservoir was awarded a decree for 3400 acre feet of storage water from Surface Creek. The decree determined the capacity of the reservoir to be 3400 acre…