Farmers Reservoir & Irrigation Co. v. Fulton Irrigating Ditch Co.

When not herein mentioned by name, the parties will be designated as in the trial court.

The plaintiffs, defendants in error here, instituted an action in the district court of the City and County of Denver, against defendant, plaintiff in error, seeking to have declared abandoned defendant’s water rights as evidenced by a decree for 226.98 second feet of water from the South Platte River for irrigation purposes, which was awarded to its predecessor in title in a water adjudication proceeding terminating in 1883, in which its priority was designated as No. 40, with date of appropriation as…