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STATE EX REL. DANIELSON v. VICKROY

No. 79SA421.

627 P.2d 752 (1981)

STATE of Colorado ex rel. Jeris A. DANIELSON, State Engineer, and North Kiowa Bijou Ground Water Management District, Plaintiffs-Appellees, v. Robert VICKROY, William E. Jones, and Harvey Kobebel, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

April 27, 1981.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Dennis M. Montgomery, Asst. Atty. Gen., Loren L. Swick, Sp. Asst. Atty. Gen., Denver, George A. Epperson, Donald F. McClary, Edward L. Zorn, Douglas R. Vannoy, Ft. Morgan, for plaintiffs-appellees.

David J. Miller, James A. Gustafson, Greeley, for defendants-appellants.

LOHR, Justice.

Robert Vickroy appeals from a judgment on the pleadings1 entered by the Adams County District Court, enjoining him from taking ground water by means of a horizontal perforated well casing located on specified lands in Adams County. We affirm the judgment.

This case poses a jurisdictional question with respect to litigation involving a diversion of ground water within a designated...

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