WEIBERT v. ROTHE BROS., INC.

No. 79SA399.

618 P.2d 1367 (1980)

Emanuel WEIBERT, Jeris A. Danielson, State Engineer, and James R. Clark, Division Engineer, for Water Division No. 1, Objectors-Appellants, v. ROTHE BROTHERS, INC., and City and County of Denver, acting by and through its Board of Water Commissioners, Bijou Irrigation District and Bijou Irrigation Company, Objectors-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 22, 1980.

As Modified On Denial of Rehearing November 10, 1980.


Attorney(s) appearing for the Case

Musick, Williamson, Schwartz, Leavenworth & Cope, P.C., Stephen T. Williamson, Boulder, John B. Houtchens, Houtchens, Houtchens & Daniel, Greeley, for Emanuel Weibert.

J. D. MacFarlane, Atty. Gen., Dennis M. Montgomery, Asst. Atty. Gen., for State Engineer and Division Engineer.

David J. Miller, James A. Gustafson, Greeley, for Rothe Brothers, Inc.

Wayne D. Williams, Michael L. Walker, Denver, for City and County of Denver.


LOHR, Justice.

Upon the application of Rothe Brothers, Inc. (Rothe) the water court issued a judgment and decree which awarded a water right for a new irrigation well, granted a change of point of diversion for an existing irrigation well, and approved a plan for augmentation. The state engineer and Emanuel W. Weibert1 appealed. We reverse.

Rothe filed an application in the water court...

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