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GIFFEN v. STATE, CITY AND COUNTY OF DENVER

No. 82SA333.

690 P.2d 1244 (1984)

Craig A. GIFFEN, Applicant-Appellant, v. STATE of Colorado, CITY AND COUNTY OF DENVER Acting By and Through Its BOARD OF WATER COMMISSIONERS, and Cache La Poudre Water Users Association, Objectors-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 10, 1984.

Attorney(s) appearing for the Case

Craig A. Giffen, pro se.

Wayne D. Williams, Michael L. Walker, Henry C. Teigen, Anne R. McGee, Casey S. Funk, Denver, for objector-appellee City and County of Denver acting by and through its Bd. of Water Com'rs.

L. Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Joel W. Cantrick, Sol. Gen., Jeffrey J. Kahn, Asst. Atty. Gen., Denver, for objector-appellee State of Colo.

Fischer, Brown, Huddleson & Gunn, Ward H. Fischer, Stephen B. Ray, Fort Collins, for objector-appellee Cache La Poudre Water Users Ass'n.

LOHR, Justice.

Craig A. Giffen (applicant) appeals from a summary judgment issued by the water judge for water division 1, denying his application for approval of a plan for augmentation which includes a proposed developed water right. See § 37-92-103(9), 15 C.R.S. (1983 Supp.).1 The applicant based his claim to a developed water right on a proposal to reduce water lost to the atmosphere by replacing trees on his property with...

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