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DANIELSON v. JONES

No. 82SA400.

698 P.2d 240 (1985)

Jeris A. DANIELSON, State Engineer, and Ralph V. Kelling, Division Engineer, Water Division No. 4, Plaintiffs-Appellants, v. Ernest L. JONES, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

April 15, 1985.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Joel W. Cantrick, Sol. Gen., David Aschkinasi, Wendy C. Weiss, Asst. Attys. Gen., Denver, for plaintiffs-appellants.

Brown and Brown, Bob Tweedell, A. Allen Brown, Delta, for defendant-appellee.

QUINN, Justice.

The state engineer and the division engineer1 appeal a judgment entered by the water judge in water division no. 4, which granted the application of Ernest Jones for a determination of a water right to a well. The judgment awarded the Jones well an absolute right to divert tributary underground water at the rate of 27.5 gallons per minute for domestic, stock watering, irrigation, and fish culture purposes and also a storage...

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