Supreme Court of Colorado January 31, 1955, No. 17,304 (Sutley v. Davis)

Mr. Justice Knauss

delivered the opinion of the Court.

W. B. Sutley, who alleged he was the owner of certain farm land included in the San Luis Valley Irrigation District, and entitled to divert irrigation water for use on his land, filed his petition to condemn a right-of-way for a ditch across the lands of Glenn C. Davis *76and Roy S. Lofton.