37 Colo. 534 | Colo. | 1906
Excepting one, the questions presented by this appeal are the same as those disposed of adversely to the contention of appellants in Irrigation Co. v. Water S. & S. Co., 29 Colo. 469; Fluke v. Ford, 35 Colo. 112; New Cache la Poudre Irrigating Co. v. Arthur Irrigation Co., ante, page 530.
Counsel for appellants contend that, because a change in the point of diversion of the priorities belonging- to them was perfected prior to the date when the act of 1899 and the act of 1903, on the same subject (Sess. Laws 1899, p..235, and Sess. Laws 1903, p. 278), took effect, that appellants are not required
The judgment of the district court is affirmed, without prejudice to appellants to maintain the statutory proceéding contemplated by the laws of 1899’ and 1903, supra.
Decision en banc. Judgment affirmed.