This case was argued in connection with cause No. 3304, The Farmers’ High Line Canal & Reservoir Company v. Moon, 22 Colo. 560.

The same briefs were filed in the two cases, and, as counsel concede, they involve the same questions of law arising out of substantially the same state of facts; hence the decision in that case is decisive of this.

The judgment, therefore, is reversed, and the cause remanded for further proceedings in conformity with this opinion.

Reversed.