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APPLICATION OF MERRICK

No. 79SA242.

621 P.2d 952 (1981)

In the Matter of the Application For Water Rights of Francis MERRICK in the Arkansas River or its Tributaries in Otero County, Applicant-Appellant, v. The FORT LYON CANAL COMPANY, Objector-Appellee, and Robert W. Jesse, Division Engineer, Water Division No. 2, Appellee.

Supreme Court of Colorado.

Rehearing Denied February 2, 1981.

Attorney(s) appearing for the Case

Ralph N. Wadleigh, La Junta, for applicant-appellant.

Lefferdink, Lefferdink & Stovall, John J. Lefferdink, Lamar, Calkins, Kramer, Grimshaw & Harring, Wayne B. Schroeder, Denver, for objector-appellee.

ROVIRA, Justice.

This is an appeal by Francis Merrick (Merrick) from a ruling of the Water Court denying his application for approval of a plan for augmentation by using a well as an alternate point of diversion. We affirm.

Merrick is the owner of 7.396 acres of land located near La Junta, Colorado. Appurtenant to his land is 7/40 c. f. s. or .175 c. f. s. of water delivered by The Fort Lyon Canal Company (Ft. Lyon) pursuant to an 1884 agreement and an 1890...

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