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SCHUSTER v. ZWICKER

No. 81SA566.

659 P.2d 687 (1983)

Robert SCHUSTER and Diana Schuster, Plaintiffs-Appellants, v. Eldon ZWICKER, Sheldon Zwicker, Chester Tozer, and Joan Tozer, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

February 28, 1983.

Attorney(s) appearing for the Case

McDaniel & McDaniel, Gerald B. McDaniel, Durango, for plaintiffs-appellants.

C. Thomas Kier, Cortez, for defendants-appellees.

LOHR, Justice.

This case involves the allocation of water decreed to the Hambelton Ditch in Montezuma County, Colorado, among the property owners who irrigate land under that ditch. The Montezuma County District Court entered a decree dividing the water, granting plaintiffs Robert and Diane Schuster (Schusters) rights of access to the ditch at specified locations over lands owned by the defendants, and ordering certain incidental relief. The Schusters filed a motion...

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