In the Matter of the RULES AND REGULATIONS GOVERNING the Use, Control and Protection of WATER RIGHTS for both Surface and Underground Water located IN the RIO GRANDE AND CONEJOS RIVER BASINS and their Tributaries.
C. J. KUIPER, State Engineer, State of Colorado, Applicant-Appellant,
Conejos Water Conservancy District, Protestant-Appellant,
Rio Grande Water Users Association, Protestants-Appellants,
San Luis Valley Irrigation Well-Owners, Inc., Protestants-Appellants,
v.
Oliver GOULD, et al.
Supreme Court of Colorado.https://leagle.com/images/logo.png
August 21, 1978.
As Modified September 11, 1978.
Attorney(s) appearing for the Case
J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Donald H. Hamburg, Asst. Sol. Gen., James Thompson, Asst. Atty. Gen., Denver, for applicant-appellant.
Pound & Lucero, Carlos F. Lucero, Alamosa, Moses, Wittemyer & Harrison, David L. Harrison, Boulder, for protestant-appellant Conejos Water Conservancy Dist.
Holland & Hart, John U. Carlson, Denver, for protestants-appellants Rio Grande Water Users Ass'n.
George W. Woodard, Alamosa, for protestants-appellants San Luis Valley Irrigation Well-Owners, Inc.
Bermingham, White, Burke & Ipsen, Michael D. White, Henry W. Ipsen, Denver, for protestants-appellees City of Alamosa, East Alamosa Water and Sanitation Dist., Town of La Jara, Town of Antonito, Town of Blanca, Town of Del Norte, City of Monte Vista, Capulin Water and Sanitation Dist., Romeo Water and Sanitation Dist., Fort Garland Water and Sanitation Dist., Town of Manassa, Chama Domestic Water Users Ass'n, San Luis Water and Sanitation Dist., Conejos Water and Sewer Ass'n, Inc., and Guadalupe Domestic Water Users Ass'n.
William R. Bartlett, Monte Vista, R. L. Bloss, Del Norte, Elizabeth A. Conour, Del Norte, Robert W. Ogburn, Monte Vista, Eugene L. Farish, Monte Vista, Ireland, Stapleton, Pryor & Holmes, D. Monte Pascoe, Denver, McClure & Jacobs, Alamosa, Gordon H. Rowe, Jr., Monte Vista, Saunders, Snyder, Ross & Dickson, W. B. Tourtillott, Denver, Seraphine, Bratton, Alexander & Ranous, Charles Alexander, Gunnison, Shoemaker & Wham, Robert S. Wham, Denver, Smith & Selby, Kenneth A. Selby, Alamosa, John S. Wilder, Monte Vista, for protestants-appellants.
Supreme Court of Colorado.
GROVES, Justice.
On August 21, 1975 the State Engineer promulgated proposed rules and regulations "Governing the Use, Control, and Protection of Water Rights for Both Surface and Underground Water Located in the Rio Grande and Conejos River Basins and their Tributaries." These were proposed under section 37-92-501, C.R.S. 1973 of the Water Right Determination and Administration Act of 1969, hereinafter called the Act. After publication of the proposed rules, many...
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