Jewell v. Kroo

ON PETITION FOR REHEARING

*110HOLMAN, J.

Defendants filed a petition for rehearing, inviting ns to change that part of onr opinion which determined water right priorities. We decline the invitation.

Defendants also call to onr attention that the 70 days originally decreed by the trial conrt to complete the dam have long since passed becanse of plaintiffs’ appeal. No additional time was set by onr opinion to allow completion by defendants. Any evidence in the record concerning the time necessary for completion would not now be applicable becanse of the difference in the time of the year and the resultant water flow. In the absence of the parties’ being able to agree npon it, we direct the trial conrt, after the talcing of testimony, to set a period for completion of the dam by defendants.

The petition for rehearing is denied.