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DISTRICT 10 WATER USERS ASS'N v. BARNETT

No. 28333.

599 P.2d 894 (1979)

DISTRICT 10 WATER USERS ASSOCIATION, and Jon Frost, Objectors-Appellants, v. Myrtle A. BARNETT, Charline A. McCall, Beverly C. Hayward, and Muriel C. Anderson (Cases No. W-4091(76) and W-4538), the Town of Monument (Cases No. W-627 and W-4103), Woodmoor Water and Sanitation District No. 1, a quasimunicipal corporation (Cases No. W-2647 and W-4544), Applicants-Appellees, and Robert W. Jesse, Division Engineer, Water Division No. 2, Appellant.

Supreme Court of Colorado, En Banc.

August 27, 1979.

Attorney(s) appearing for the Case

Horn, Anderson & Johnson, Louis Johnson, Colorado Springs, for objectors-appellants.

Geddes, MacDougall, Geddes & Paxton, P.C., M. E. MacDougall, Colorado Springs, for applicants-appellees, Myrtle A. Barnett, Charline A. McCall, Beverly C. Hayward, and Muriel C. Anderson.

F. T. Henry, Cross, Gaddis & Kin, Thomas R. Cross, Colorado Springs, for applicants-appellees, Town of Monument.

Darrell D. Thomas, Colorado Springs, for applicants-appellees, Woodmoor Water and Sanitation Dist.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Vicki J. Fowler, Asst. Atty. Gen., Denver, for appellant, Robert W. Jesse.

Calkins, Kramer, Grimshaw & Harring, Wayne B. Schroeder, Denver, for amicus curiae, Mission Viejo Co.

GROVES, Justice.

This case arises from six applications in the water court of Division No. 2 for the adjudication of rights in underground water. The applications were consolidated for trial. The objectors in the case are those having rights to surface decrees from Monument Creek. As stipulated by all the parties, the water judge ruled at pre-trial that the only issue in the case was whether the water taken by the applicants' wells is tributary to Monument Creek and...

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