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CLINE v. WHITTEN

No. 19843.

372 P.2d 145 (1962)

Mildred CLINE, Individually and as next friend of Foster Cline, Jr. and Stephen Robert Cline, Minors, Plaintiffs in Error, v. J. Eugene WHITTEN, State Engineer of Colorado, his deputies and agents and their successors in office, Defendants in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied June 25, 1962.

Attorney(s) appearing for the Case

Foster Cline, Denver, for plaintiffs in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., John B. Barnard, Jr., Asst. Atty. Gen., Denver, for defendants in error.

FRANTZ, Justice.

On June 13, 1957 the Clines instituted proceedings in the District Court of Park County, Colorado, against Whitten, the State Engineer of Colorado, his deputies and agents and their successors in office. They charged that the defendants interfered with their right to store non-tributary water from the springs on their land, and requested an order and decree permitting continued storage of such non-tributary water in their reservoir without interference...

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