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PEOPLE EX REL. KUIPER v. WINDEN

No. 27706.

580 P.2d 1238 (1978)

The PEOPLE of the State of Colorado ex rel. C. J. KUIPER, State Engineer, and Robert W. Jesse, Division Engineer, Plaintiffs-Appellees, The Board of Waterworks of Pueblo, Colorado, Involuntary Plaintiff-Appellee, v. George WINDEN, Ebert L. Hawkins and F. E. Whittmore, Defendants-Appellants, The Colorado Canal Company, Lake Henry Reservoir Company, Lake Meredith Reservoir Company, Fort Lyon Canal Company and Holbrook Mutual Irrigating Company, Intervenors-Appellees.

Supreme Court of Colorado, En Banc.

June 26, 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, Special Asst. Atty. Gen., Denver, for plaintiffs-appellees.

Petersen & Fonda, P.C., William F. Mattoon, Pueblo, for involuntary plaintiff-appellee.

Moses, Wittemyer, Harrison & Woodruff, P.C., Raphael J. Moses, Boulder, Lefferdink, Legg & Lefferdink, Lamar, Ralph N. Wadleigh, LaJunta, Lawrence L. Fenton, Ordway, for intervenors-appellees.

Jenkins, O'Rourke & Sandstrom, P.C., G. F. Sandstrom, Pueblo, for defendants-appellants.

GROVES, Justice.

In this action the State Engineer and a division engineer were successful in obtaining an injunction enjoining the defendants from irrigating certain lands with well water. We affirm in part and reverse in part, and remand for a rehearing as to one issue.

In this opinion references to the parties will be as follows: The plaintiffs-appellees State Engineer and division engineer will be referred to collectively as "State Engineer." The involuntary...

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