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DANIELSON v. KERBS AG., INC.

No. 81SA165.

646 P.2d 363 (1982)

Jeris A. DANIELSON, State Engineer, State of Colorado, Plaintiff-Appellant, Central Yuma County Ground Water Management District, Third Party Plaintiff, v. KERBS AG., INC., Defendant-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 21, 1982.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J.

Mullarkey, Sol. Gen., Wendy C. Weiss, Asst. Atty. Gen., Denver, for plaintiff-appellant.

David J. Miller and Associates, David J. Miller, Kevin L. Strobel, Greeley, for defendant-appellee.

ERICKSON, Justice.

This case arises under the Colorado Ground Water Management Act, section 37-90-101 et seq., C.R.S. 1973. The Colorado State Engineer, as plaintiff-appellant (State Engineer), appeals from a district court order denying a request for injunctive relief against defendant-appellee, Kerbs Ag., Inc. (Kerbs), to curtail expansion of the historical consumptive use of Kerbs' water rights. We reverse and remand to the district court for a hearing in...

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