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ROMINIECKI v. McINTYRE LIVESTOCK CORP.

No. 80SA129.

633 P.2d 1064 (1981)

In the Matter of the Application for Additional and Alternate Point of Diversion of Water Rights of Albin S. D. ROMINIECKI and Jean D. Sylvester Rominiecki, In Gunnison County, Colorado, Applicant-Appellant, v. McINTYRE LIVESTOCK CORPORATION and Ragged Mountain Water Users Association, the United States of America, and Ralph V. Kelling, Jr., Division Engineer, Objectors-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 8, 1981.

Attorney(s) appearing for the Case

Brown & Brown, A. Allen Brown, Delta, for applicant-appellant.

Golden, Mumby, Summers & Livingston, James Golden, Grand Junction, for McIntyre Livestock Corp. and Ragged Mountain Water Users Association.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Connie L. Peterson, Asst. Atty. Gen., Denver, for Ralph V. Kelling, Jr.

LOHR, Justice.

Albin S. D. Rominiecki and Jean D. Sylvester Rominiecki (applicants) appeal from a judgment of the water court denying their application for an alternate point of diversion for two direct-flow water rights utilized to irrigate high mountain meadows owned by the applicants and located above the Paonia Reservoir in Gunnison County, Colorado. The trial court concluded that to grant the request would accomplish an impermissible substitution of one source...

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