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PEOPLE EX REL. KUIPER v. DeHERRERA

No. 27766.

587 P.2d 279 (1978)

The PEOPLE of the State of Colorado ex rel. C. J. KUIPER, State Engineer, and D. H. McFadden, Division Engineer, Water Division No. 3, Plaintiffs-Appellees, v. Peter L. DeHERRERA and Augustine J. DeHerrera, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

November 27, 1978.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Denver, for plaintiffs-appellees.

Levi Martinez, Denver, for defendants-appellants.

KELLEY, Justice.

This is an appeal from an order granting a summary judgment to the People of the State of Colorado Ex rel. C. J. Kuiper and D. H. McFadden, appellees, (collectively referred to as the State), plaintiffs in the trial court, enjoining the appellants, Peter L. DeHerrera and Augustine J. DeHerrera, defendants in the trial court, from using their decreed water to irrigate land located outside of Sections 25 and 30, Township 33 North, Range 10 East...

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