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SOUTHWESTERN DEVELOPMENT CO. v. HUMPHREY

No. 84CA0536.

709 P.2d 51 (1985)

SOUTHWESTERN DEVELOPMENT COMPANY, a Colorado corporation, Plaintiff-Appellant, v. Delmer W. HUMPHREY and Beverly A. Humphrey, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied July 25, 1985.

Certiorari Granted November 18, 1985.

Attorney(s) appearing for the Case

Hill and Robbins, David W. Robbins, Dennis M. Montgomery, Denver, Holley, Albertson & Polk, P.C., George Alan Holley, Golden, for plaintiff-appellant.

Neef, Swanson, Myer & Clark, Thomas J. Wolf, Denver, for defendants-appellees.

TURSI, Judge.

Plaintiff, Southwestern Development Company (SDC), seeks reversal of the trial court's judgment holding (1) that title to water rights in nontributary ground water decreed in water court cases number W-7256, 80CW040, and 80CW461 is vested in the Humphreys and (2) that a lease between SDC and Humphreys is valid. We vacate the judgment and remand with directions on the first question and we affirm on the second.

I.

In 1964, before permits...

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