In the Matter of the Amendment to the Rules and Regulations Governing the Use, Control and Protection of Surface and Ground Water Rights Located in the ARKANSAS RIVER and its Tributaries.
C. J. KUIPER, State Engineer of Colorado, and Robert W. Jesse, Division Engineer, Water Division No. 2, Applicants-Appellants,
v.
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Stratmoor Hills Water District, Security Water District, Colorado Water Protective and Development Association and American Crystal Sugar Company, Protestants-Appellees.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
June 19, 1978.
As Modified on Denial of Rehearing July 10, 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 D. Geissinger, Special Asst. Atty. Gen., Denver, for applicants-appellants.
Grant, McHendrie, Haines & Crouse, Denver, for protestants-appellees, Atchison, Topeka and Santa Fe Railway Co.
Davis, Graham & Stubbs, Clyde O. Martz, Howard L. Boigon, Denver, for protestants-appellees, Colorado Water Protective and Development Ass'n and The Security Water District.
Mendenhall & Mendenhall, Cover Mendenhall, Rocky Ford, for protestants-appellees, American Crystal Sugar co.
Supreme Court of Colorado, En Banc.
GROVES, Justice.
Acting under section 37-92-501, C.R.S. 1973 1 and effective as of February 19, 1973, the State Engineer of Colorado adopted rules (here called the 1973 Rules) governing the use of ground water in the Arkansas River Basin. No protests to these rules were made. The 1973 Rules curtailed well diversions for no more than four days per week.
On January 4, 1974 the State Engineer proposed an amended Rule 3 of the 1973...
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