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BERENS v. GROUND WATER COMMISSION

No. 79SA506.

614 P.2d 352 (1980)

Joe BERENS, Plaintiff-Appellant, v. GROUND WATER COMMISSION of the State of Colorado and Jeris A. Danielson, Ex-Officio Director of the Ground Water Commission of the State of Colorado, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 18, 1980.

Attorney(s) appearing for the Case

Moses, Wittemyer, Harrison & Woodruff, P. C., David M. Brown, Raphael J. Moses, Boulder, for plaintiff-appellant.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Loren Swick, Sp. Asst. Atty. Gen., Natural Resources, David Aschkinasi, Asst. Atty. Gen., Denver, for defendants-appellees.

Zook & Woolf, Marvin B. Woolf, Micheal W. Sutton, Boulder, for amicus curiae, Oliver Ozman.

ERICKSON, Justice.

Plaintiff-appellant Joe Berens appeals from a district court decision which affirmed the Colorado Ground Water Commission's (Commission) rejection of his application to construct a well. The district court held that there was no unappropriated ground water available in the three-mile circle surrounding Berens' proposed well site and that further appropriations would unduly deplete the aquifer to the detriment of senior appropriators. We remand this...

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