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HARVEY LAND & CATTLE v. S.E. COLO. WATER, ETC.

No. 79SA426.

631 P.2d 1111 (1981)

HARVEY LAND AND CATTLE CO., Applicant-Appellant, v. SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT, and State of Colorado, William R. Smith, Acting State Engineer, State of Colorado, Robert W. Jesse, Division Engineer, Water Division II, State of Colorado, Protestants-Appellees.

Supreme Court of Colorado, En Banc.

July 27, 1981.

Attorney(s) appearing for the Case

Vranesh & Raisch, P.C., George Vranesh, John R. Henderson, Boulder, for applicant-appellant.

Charles J. Beise, Denver, for Southeastern Colorado Water Conservancy Dist.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Donald H. Hamburg, Sp. Asst. Atty. Gen., Denver, for State of Colo.

ROVIRA, Justice.

This is an appeal from the decision of the water judge denying an application for water rights for six wells in Fremont County, Colorado, brought by the applicant-appellant Harvey Land and Cattle Co. (Harvey). The court initially granted conditional water rights for these wells on November 22, 1978; but upon motions for new trial initiated by the protestants-appellees, the Southeastern Colorado Water Conservancy...

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