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MOONEY v. KUIPER

No. 27699.

573 P.2d 538 (1978)

Donald N. MOONEY and John H. Volosin, Appellants, v. C. J. KUIPER, State Engineer, and Robert W. Jesse, Division Engineer of Water Division No. 2, Appellees.

Supreme Court of Colorado, En Banc.

January 16, 1978.

Attorney(s) appearing for the Case

Geddes, MacDougall, Geddes & Paxton, P. C., M. E. MacDougall, Colorado Springs, for appellants.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Donald H. Hamburg, Sp. Asst. Atty. Gen., Denver (Natural Resources Section), for appellees.

CARRIGAN, Justice.

On June 13, 1975, the water court in Division No. 2 awarded conditional water decrees to the appellants based upon two well construction permits that had been issued by the appellees (hereinafter collectively referred to as the state engineer). These one-year well permits were issued on September 28, 1973, and the state engineer had extended them for one additional year, to September 28, 1975. See section 37-90-137(3)(a), C.R.S.1973. The...

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