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LIONELLE v. S.E. COLO. WATER CONSERV. DIST.

No. 81SA508.

676 P.2d 1162 (1984)

Joe H. LIONELLE and Joe E. Lionelle, Appellants, v. SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT, a Colorado quasi-municipal corporation, and Robert W. Jesse, in his official capacity as Division Engineer for Water District No. 2, Appellees.

Supreme Court of Colorado, En Banc.

February 6, 1984.

Attorney(s) appearing for the Case

Saunders, Snyder, Ross & Dickson, John M. Dickson, Jack F. Ross, W.B. Tourtillot, Jr., Denver, for appellants.

Fairfield & Woods, Kevin B. Pratt, Howard Holme, Charles Beise, Denver, for appellee, Southeastern Colorado Water Conservancy District.

J.D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., David Aschkinasi, Asst. Atty. Gen., Denver, for appellee, Robert W. Jesse.

Holland & Hart, Charles M. Elliott, Mary S. Mead, Denver, for amicus curiae, Upper Arkansas Water Conservancy District.

ERICKSON, Chief Justice.

This appeal was taken after partial summary judgment was entered by the District Court in and for Water Division No. 2 (water court) denying the application of appellants, Joe H. and Joe E. Lionelle (Lionelles) to enlarge the Donnell Reservoir for the storage of water for domestic, irrigation, municipal, industrial, and hydroelectric purposes. We affirm.

I.

On December 24, 1979, the Lionelles filed an application for a conditional...

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