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MATTHEWS v. TRI-COUNTY WATER CONSERVANCY

No. 79SC83.

613 P.2d 889 (1980)

Keith MATTHEWS, Barbara Matthews, and Carl B. Runyon, Petitioners, v. TRI-COUNTY WATER CONSERVANCY DISTRICT, Respondent.

Supreme Court of Colorado, En Banc.

July 7, 1980.

Attorney(s) appearing for the Case

Overholser & Slee, John W. Overholser, Montrose, for petitioners.

Brooks, Miller, Brooks & White, Ralph E. Miller, John A. Brooks, Theodore L. Brooks, Montrose, for respondent.

Fairfield & Woods, Charles J. Beise, Denver, for amicus curiae Southeastern Colorado Water Conservancy Dist.

Baker & Cazier, Stanley W. Cazier, Granby, for amicus curiae Middle Park Water Conservancy Dist.

Lawrence W. McDaniel, Durango, for amicus curiae Florida Water Conservancy Dist.

George R. Armstrong, Cortez, for amicus curiae Dolores Water Conservancy Dist.

Sam P. Lockard, Delaney & Balcomb, Kenneth Balcomb, Scott Balcomb, Glenwood Springs, for amicus curiae Ute Water Conservancy Dist.

Delaney & Balcomb, Kenneth Balcomb, Scott Balcomb, Glenwood Springs, for amici curiae Basalt Water Conservancy Dist., West Divide Water Conservancy Dist., and Silt Water Conservancy Dist.

Arthur A. Abplanalp, Jr., Glenwood Springs, for amicus curiae Bd. of County Com'rs of Garfield County.

LEE, Justice.

Certiorari was granted to review the decision of the court of appeals in Matthews v. Tri-County Water Conservancy Dist., Colo.App., 594 P.2d 586 (1979).

Petitioners seek to permanently enjoin the Tri-County Water Conservancy District1 (district) from enforcing a new rate schedule and water tap fee policy. The District Court of Montrose County denied petitioners' motions for...

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