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STATE DEPT. OF NATURAL RESOURCES, ETC. v. OGBURN

No. 27646.

570 P.2d 4 (1977)

The STATE of Colorado DEPARTMENT OF NATURAL RESOURCES, DIVISION OF WILDLIFE, Petitioner, v. The Honorable Robert W. OGBURN, Water Judge, Water Division No. 3, and the Honorable Fred Calhoun, Water Judge, Water Division No. 4, State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

September 19, 1977.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Denver, for petitioner.

Robert W. Ogburn, Fred Calhoun, respondents pro se.

GROVES, Justice.

This is an original proceeding for a determination as to whether a change of use of water should be heard by the Water Court in Water Division No. 3 or the Water Court in Water Division No. 4. We rule that the court in Division No. 3 is the preferable tribunal.

The Tabor Ditch No. 2 and the Tabor Ditch No. 2 Enlargement have decrees for 6.2 cubic feet per second of time (c.f.s.) and 15.21 c.f.s. with priority dates of July 2, 1937 and May...

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