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  5. 856 P.2d 798 (1993)
 

MATTER OF GIBBS

No. 92SA373.

856 P.2d 798 (1993)

In the Matter of the Application for Water Rights of Doris L. GIBBS, in the Uncompahgre River, Ouray County, Colorado. Doris L. GIBBS, Applicant-Appellee, and Keith Kepler, Division Engineer, Water Division No. 4, Appellee, v. WOLF LAND COMPANY, Protestor-Appellant.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing July 26, 1993.

Attorney(s) appearing for the Case

Tisdel & Hockersmith, P.C., Richard P. Tisdel, Ouray, for protestor-appellant.

Brown, Schottelkotte & Tweedell, James D. Brown, Delta, for applicant-appellee.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., and Patrick E. Kowaleksi, First Asst. Atty. Gen., Denver, for appellee.

ERICKSON, Justice.

The protestor-appellant, Wolf Land Company (Wolf), appeals from an order of the District Court, Water Division 4 (water court) granting the applicant-appellee, Doris L. Gibbs (Gibbs), a conditional water right for the withdrawal and diversion of 100 gallons per minute of tributary water from a well (the Intex well) located on property owned by Wolf.1 We conclude that the water court did not err in determining that Gibbs...

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