No. 27746.

579 P.2d 629 (1978)

John C. PETERSON, Plaintiff-Appellant, v. GROUND WATER COMMISSION of the State of Colorado, C. J. Kuiper, Colorado State Engineer and Executive Director of the Ground Water Commission of the State of Colorado, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 19, 1978.

Attorney(s) appearing for the Case

Francis A. Benedetti, Wray, for plaintiff-appellant.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Gregory J. Hobbs, Jr., First Asst. Atty. Gen., Natural Resources Section, Loren L. Swick, Sp. Asst. Atty. Gen., Natural Resources Section, John C. Ohrenschall, Asst. Atty. Gen., Natural Resources Section, Denver, for defendants-appellees.

ERICKSON, Justice.

On November 25, 1975, John C. Peterson (plaintiff) filed an application with the Colorado Ground Water Commission (commission) seeking a permit to construct a well and to appropriate designated ground water from the Northern High Plains Designated Ground Water Basin in Yuma County. The commission considered the application under its three-mile test to determine whether unappropriated water was available. The application was denied on the grounds...


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