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KUIPER v. WELL OWNERS CONSERVATION ASSOCIATION

No. 24725.

490 P.2d 268 (1971)

C. J. KUIPER, State Engineer, et al., Plaintiffs in Error, v. WELL OWNERS CONSERVATION ASSOCIATION, a Colorado non-profit corporation, et al., Defendants in Error.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing November 22, 1971.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., James D. Geissinger, Ben L. Wright, Jr., Special Asst. Attys. Gen., Denver, for plaintiffs in error.

George A. Epperson, Donald F. McClary, Stanley I. Rosener, Fort Morgan, Miller, Ruyle, Steinmark & Shade, David J. Miller, Greeley, Frank E. Starkey, Berthoud, for defendants in error.

Fischer & Beatty, Ward H. Fischer, Fort Collins, amicus curiae.

GROVES, Justice.

This was an action for an injunction and a declaratory judgment with reference to rules and regulations for use of underground water promulgated by the State Engineer on July 14, 1969, effective August 8, 1969, as applied to the South Platte River. Appendix A, attached to this opinion, contains these rules and regulations, preceded by the State Engineer's memo of July 14, 1969, his document entitled "Mandate to Adopt Rules and Regulations" and his...

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