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KUIPER v. LUNDVALL

No. 26260.

529 P.2d 1328 (1974)

C. J. KUIPER, State Engineer, State of Colorado, Plaintiff, and Central Yuma County Ground Water Management District, Third-Party-Plaintiff, Plaintiffs-Appellants, v. Elmer LUNDVALL, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 20, 1975.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Ben L. Wright, Jr., James D. Geissinger, Sp. Asst. Attys. Gen., Denver, Max Snydal, E. Ord Wells, Fort Morgan, for plaintiffs-appellants.

Miller & Miller, David J. Miller, William F. Corwin, Alvin L. Steinmark, Greeley, for defendant-appellee.

Donald F. McClary, George A. Epperson, Stanley I. Rosener, Edward L. Zorn, Fort Morgan, for amicus curiae North Kiowa Bijou Management Dist.

GROVES, Justice.

Lundvall, the defendant-appellee, has three wells pumping from a designated ground water basin. The State Engineer brought this action to enjoin Lundvall from transporting water from the wells to lands other than those designated to be irrigated with the well water. It was brought in Yuma County and the venue was changed to Weld County. Lundvall counterclaimed, asking that the Colorado Ground Water Management Act, 1965 Perm.Supp., C.R.S.1963, 148...

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