FELLHAUER v. PEOPLE

No. 22886.

447 P.2d 986 (1968)

Roger FELLHAUER, Plaintiff in Error, v. PEOPLE of the State of Colorado, the Amity Mutual Irrigation Company, C. F. & I. Steel Corporation, the Canon City Hydraulic and Irrigating Ditch Company and the Bessemer Irrigation Ditch Company, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 6, 1969.


Attorney(s) appearing for the Case

Davis, Graham & Stubbs, John M. Sayre, Clyde O. Martz, William A. Hillhouse, II, Denver, Rexford L. Mitchell, Rocky Ford, for plaintiff in error Roger Fellhauer.

Duke W. Dunbar, Atty. Gen., James D. Geissinger, Asst. Atty. Gen., Ben L. Wright, Jr., Sp. Asst. Atty. Gen., Denver, for defendant in error the People.

Glenn G. Saunders, Denver, for all intervenors The Amity Mut. Irrigation Co., C. F. & I. Steel Corp., The Canon City Hydraulic and Irrigating Ditch Co. and The Bessemer Irrigation Ditch Co.

Don H. Sherwood, Gary L. Greer, of Dawson, Nagel, Sherman & Howard, Denver, for amici curiae Frank C. Mann, Cornelius G. Cozart, City of Fort Morgan, The American Nat. Bank of Denver, trustee.

Geo. A. Epperson, Donald F. McClary, Stanley I. Rosener, Geo. C. Twombly, Earl Haffke, Doyle T. Johns, Jr., Fort Morgan, C. H. Anderson, Brush, for amici curiae Bijou Irrigation Co. and others.

Kreager, Sublett & Dowis, Ben D. Sublett, Sterling, Peter C. Dietze, Boulder, Robert W. Giacomini, Sterling, Bryan Morgan, Boulder, George L. Zoellner, Denver, for amici curiae of owners of senior water rights.


GROVES, Justice.

Action was brought by the Attorney General on behalf of the People of the State of Colorado under 1965 Perm.Supp., C.R.S., 1963, 148-11-22, to enjoin the plaintiff in error from pumping and using water from the alluvium of the Arkansas River contrary to an order of the water division engineer. The other defendants in error intervened to support the constitutionality of this statute, herein referred to as the 1965 act. We have had the benefit of three...

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