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DAVIS v. CONOUR

No. 25537.

497 P.2d 1015 (1972)

Josephine E. DAVIS et al., Petitioners, v. Honorable Richard E. CONOUR, Water Judge In and For Water Division No. 3 of the State of Colorado, and Wayne Crosby, Division Engineer of Water Division No. 3, State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

June 5, 1972.

Attorney(s) appearing for the Case

George W. Woodard, Alamosa, for petitioner, Josephine E. Davis.

Richard L. Bloss, Jr., Del Norte, for petitioners, Roy McConnell, Jr. and Frances McConnell.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., James D. Geissinger, Sp. Asst. Atty. Gen., Denver, for respondents.

Fairfield & Woods, Charles J. Beise, Denver, for amicus curiae Southeastern Colo. Conservancy Dist.

GROVES, Justice.

This is an original proceeding under C.A.R. 21 in which we issued a rule for the water judge of Water Division No. 3 of the State to show cause. The question involved is whether the water judges of the State had jurisdiction to adjudicate the priority of small water wells under 1969 Perm. Supp., C.R.S.1963, 148-21-45 prior to its amendment in 1972. In a carefully worded opinion, which obviously was the product of comprehensive study, the water judge...

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