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THOMPSON v. COLORADO GROUND WATER COM'N

No. 27459.

575 P.2d 372 (1978)

Gordon L. THOMPSON, Plaintiff-Appellant, v. COLORADO GROUND WATER COMMISSION, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 21, 1978.

Attorney(s) appearing for the Case

Marvin B. Woolf, Boulder, for plaintiff-appellant.

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Denver, Edward G. Donovan, Sol. Gen., David W. Robbins, First Asst. Atty. Gen., Natural Resources Section, Ben L. Wright, Jr., Loren L. Swick, Sp. Asst. Attys. Gen., Natural Resources Section, John C. Ohrenschall, Asst. Atty. Gen., Natural Resources Section, for defendant-appellee.

Moses, Wittemyer, Harrison & Woodruff, P.C., David M. Brown, Charles N. Woodruff, Boulder, for amicus curiae, Dr. Foster R. Sims.

Padley & Dudden, P.C., Peter E. Schoon, Jr., Holyoke, for amicus curiae, L. D. Dirks, Dudden Elevator, Inc., Grover A. Ferrell, Delbert Haynes, Raymond Korte, NEBCO Corp., Dana G. Schliep, Kenneth Weis, and Stanley Willmon.

ERICKSON, Justice.

On February 13, 1974, Gordon L. Thompson (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 denied the application on the basis that the proposed appropriation would unreasonably impair existing water rights. In reaching its decision, the commission...

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