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PEOPLE EX REL. DANIELSON v. AMITY MUT. IRR.

No. 81SA467.

668 P.2d 1368 (1983)

The PEOPLE of the State of Colorado ex rel. Jeris A. DANIELSON, State Engineer; and Robert W. Jesse, Division Engineer for Water Division No. 2, Plaintiffs-Appellants, v. AMITY MUTUAL IRRIGATION COMPANY, a Colorado Mutual Irrigation Corporation, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 26, 1983.

Attorney(s) appearing for the Case

J.D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., David Aschkinasi, Asst. Atty. Gen., Denver, for plaintiffs-appellants.

Carl M. Shinn, Lamar, for defendant-appellee.

LOHR, Justice.

This case has its origin in a dispute between the Colorado state engineer1 and Amity Mutual Irrigation Company (Amity) concerning the obligations of the State of Colorado under the Arkansas River Compact, article 69 of title 37, C.R.S.1973, to deliver stored water from the John Martin Reservoir to the Kansas state line for the benefit of Kansas users. We affirm the judgment of the water court dismissing the state engineer...

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