(Download) "Fort Lyon Canal Co. V. Catlin Canal Co." by Colorado Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Fort Lyon Canal Co. V. Catlin Canal Co.
- Author : Colorado Supreme Court
- Release Date : January 22, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
The District Court for Water Division No. 2 (water court) dismissed the application of The Fort Lyon Canal Company (Ft. Lyon) and The State of Colorado, Department of Natural Resources, Division of Wildlife (State), for a change in the point of diversion of certain water rights owned by the State and represented by shares of stock in Catlin Canal Company, a mutual ditch company (Catlin). The water court determined that the applicants were required by a Catlin bylaw to request approval of the proposed change by Catlin's board of directors, and to allow a reasonable time for the board to act on the request, before seeking a judicial decree under section 37-92-302, C.R.S. 1973 (1981 Supp.) authorizing the change of water right. Although the applicants had requested the necessary approval, the court found that they had not allowed Catlin a reasonable time to respond before filing their application in the water court. The court therefore granted Catlin's motion to dismiss the application. The applicants appealed. We affirm the judgment of dismissal.