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CLOSED BASIN LANDOWNERS ASS'N v. RIO GRANDE

No. 85SA214.

734 P.2d 627 (1987)

CLOSED BASIN LANDOWNERS ASSOCIATION, Plaintiff-Appellant, and A.Z.L. Resources, Inc., Plaintiff-Intervenor and Co-Appellant, v. RIO GRANDE WATER CONSERVATION DISTRICT, Defendant and Appellee, and Colorado Water Conservation Board and the United States of America, Defendant-Intervenors and Appellees, and Steve Vandiver, as Division Engineer, Appellee, and Ray G. Slane, Estate of Allen Beard, Gaines W. Schults and K.C. Land & Cattle Company, a Colorado corporation, Non-participating Appellees.

Supreme Court of Colorado, En Banc.

March 23, 1987.

Attorney(s) appearing for the Case

Law Office of Robert F.T. Krassa, Robert F.T. Krassa, Pueblo, for Closed Basin Landowners Assn.

Saunders, Snyder, Ross & Dickson P.C., Melvin B. Sabey, Denver, for A.Z.L. Resources, Inc.

Hill & Robbins, David W. Robbins, Dennis M. Montgomery, Denver, for Rio Grande Water Conservation Dist.

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Wendy C. Weiss, First Asst. Atty. Gen., Denver, for the Colorado Water Conservation Bd.

Laura Frossard, Robert L. Klarquist, U.S. Dept. of Justice, Land & Natural Resources Div., Washington, D.C., John R. Hill, Dept. of Justice, Denver, for the U.S.

ERICKSON, Justice.

The plaintiffs, Closed Basin Landowners Association (Landowners) and A.Z.L. Resources, Inc. (AZL), appeal after summary judgment was entered against them by the water court for Division No. 3 on their collateral challenge to a decree adjudicating a conditional water right to the defendant, Rio Grande Water Conservation District (Rio Grande). We affirm.

I.

On December 22, 1972, Rio Grande filed an application in Case No. W-3038...

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