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MASTERS INV. CO. v. IRRIGATIONISTS ASS'N

No. 83SA38.

702 P.2d 268 (1985)

In the Matter of the Application for WATER RIGHTS OF MASTERS INVESTMENT COMPANY, INC., Applicant-Appellant, v. IRRIGATIONISTS ASSOCIATION, Jeris A. Danielson, State Engineer, State of Colorado, and James A. Clark, Division Engineer, Water Division No. 1., Objectors-Appellees.

Supreme Court of Colorado, En Banc.

July 8, 1985.

Attorney(s) appearing for the Case

Alvin L. Steinmark, Greeley, for applicant-appellant.

George A. Epperson, Donald F. McClary, Edward L. Zorn, Fort Morgan, for objector-appellee Irrigationists Ass'n.

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Joel W. Cantrick, Sol. Gen., Wendy C. Weiss, Asst. Atty. Gen., Denver, for objectors-appellees Jeris A. Danielson and James A. Clark.

KIRSHBAUM, Justice:

Masters Investment Co., Inc. (Masters) appeals the judgment of the District Court for Water Division No. 1 declaring that the Schultz Ditch water rights, consisting of priorities No. 3 and No. 36 in the South Platte River in Weld County, Colorado, had been abandoned and denying Masters' request for a change of water rights. Masters asserts that the water court erred in finding an intent to abandon the...

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