CHEROKEE WATER DISTRICT, Cimarron Corporation, Sweetwater Development Corporation, Joe M. Farmer and Alexander F. Kane, Plaintiffs-Appellees,
v.
STATE of Colorado, GROUND WATER COMMISSION, Clarence J. Kuiper, State Engineer, State of Colorado, David Goss and Beverly Goss, Defendants-Appellants.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
August 21, 1978.
Rehearing Denied September 18, 1978.
Attorney(s) appearing for the Case
Saunders, Snyder, Ross & Dickson, John M. Dickson, Michael L. Pederson, Denver, for plaintiffs-appellees.
J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Gregory J. Hobbs, Jr., First Asst. Atty. Gen., Loren L. Swick, Sp. Asst. Atty. Gen., John C. Ohrenschall, Asst. Atty. Gen., Denver, for defendants-appellants Colorado Ground Water Commission and State Engineer.
Holland & Hart, John U. Carlson, Charles M. Elliott, Denver, for defendants-appellants David Goss and Beverly Goss.
Davis, Graham & Stubbs, William A. Hillhouse, II, Robert V. Trout, Denver, Moses, Wittemyer, Harrison & Woodruff, David M. Brown, David L. Harrison, Raphael J. Moses, Boulder, for amici curiae Rodney J. Preisser, Pikes Peak Water Co., Clearview Farms, The Northern Trust Co. as Trustee under the will of Charles H. Krause, Robert J. Seyfried, Anne Seyfried, Thelma Von Hazmburg (formerly Thelma Krause), Security Water District, and the Town of Limon.
Kenneth L. Broadhurst, Denver, for amicus curiae Betty Wiebe and Henry Wiebe, Alvin Henderson, George Akers, G. R. Johnson, Dale Henderson, Merryl Fossinger, Harriet Guthrie and Pearl Smith.
Wright & Francis, Lawrence A. Wright, Jr., Kiowa, for amicus curiae Upper Big Sandy Ground Water Management Dist.
Supreme Court of Colorado, En Banc.
GROVES, Justice.
The appellants, David and Beverly Goss, received permission from the Colorado Ground Water Commission (commission) to export water out of the designated ground water basin in which their wells are located for use for domestic, municipal and irrigation purposes. On appeal, the district court granted appellee's motion for summary judgment, ruling that the commission had no authority to authorize this change...
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