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HAYES v. STATE

No. 24570.

498 P.2d 1119 (1972)

Edwin W. HAYES et al., Plaintiffs in Error, v. STATE of Colorado et al., Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 24, 1972.

Attorney(s) appearing for the Case

Saunders, Dickson, Snyder & Ross, P. C., Glen G. Saunders, John M. Dickson, Denver, for plaintiffs in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Asst. Atty. Gen., Ben L. Wright, Jr., James D. Geissinger, Special Asst. Attys. Gen., Denver, for defendants in error State of Colo., Ground Water Comm. of the State of Colo., and Clarence J. Kuiper, individually and as the State Engineer of the State of Colo.

George W. Woodard, Alamosa, for defendants in error Squirrel Creek-Ellicott Water Asst., T. R. Schubert, Everett Handle, and Frances Guthrie.

DAY, Justice.

On May 1, 1968, the Colorado Ground Water Commission entered an order designating a 350 square mile area in east central El Paso County as a ground water basin pursuant to 1965 Perm.Supp., C.R.S. 1963, 148-18-5. Appellants own wells and decreed water rights within the area and protested its designation as a ground water basin as defined in 1965 Perm.Supp., C.R.S.1963, 148-18-2(3).

Being unsuccessful before the Water Commission, the protestants...

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