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SOUTHEASTERN COLO. WATER CONS. DIST. v. RICH

No. 79SA498.

625 P.2d 977 (1981)

SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT, Plaintiff-Appellant, v. William N. RICH and Barbara S. Rich, in joint tenancy, and Robert W. Jesse, Division Engineer, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 6, 1981.

Attorney(s) appearing for the Case

Fairfield & Woods, Charles J. Beise, Howard Holme, Denver, for plaintiff-appellant.

Defendants-appellees not appearing in person or by counsel.

LOHR, Justice.

Southeastern Colorado Water Conservancy District (District) appeals from a judgment and decree of the water court granting an application for an alternate point of diversion for an absolute water right which has its original point of diversion on a small tributary of the Arkansas River in Chaffee County. We affirm.

William and Barbara Rich (the Riches) own a house on a five-acre lot in a subdivision near Three Elk Creek, northwest of Buena Vista...

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