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HARVEY v. DAVIS

No. 80SA539.

655 P.2d 418 (1982)

Roy HARVEY, Merle M. Harvey and Verl Jacques, Plaintiffs-Appellees, v. Orvil K. DAVIS and Juanita M. Davis, Defendants-Appellants, v. Jeris A. DANIELSON, State Engineer of the State of Colorado; Lee Enewold, Division Engineer of Water Division 5, State of Colorado; and Mark Klocker, Water Commissioner of the State of Colorado, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

December 20, 1982.

Attorney(s) appearing for the Case

Williams, Turner & Holmes, P.C., J. D. Snodgrass, Grand Junction, for plaintiffs-appellees.

Harshman & Deister, Thomas M. Deister, Grand Junction, for defendants-appellants.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., William A. Paddock, Asst. Atty. Gen., Natural Resources Section, Denver, for defendants-appellees.

LEE, Justice.

This is an appeal from a judgment entered in the Water Court for Water Division No. 5, concerning water rights in the Wallace Gulch located on the Grand Mesa in Mesa County. We affirm.

The appellants, Orvil K. Davis and Juanita M. Davis (Davis), own the Bacon Irrigating Ditch, with an adjudicated absolute right to .7 cubic feet per second of water from the Wallace Gulch pursuant to a 1909 decree. The...

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