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KENNETH M. GOOD IRREVOCABLE TRUST v. BELL

No. 87SA183.

759 P.2d 48 (1988)

KENNETH M. GOOD IRREVOCABLE TRUST, Appellant, v. Orlyn J. BELL, Division Engineer, Water Division No. 5, Colorado, Appellee.

Supreme Court of Colorado, En Banc.

July 18, 1988.

Attorney(s) appearing for the Case

Saunders, Snyder, Ross & Dickson, P.C., Melvin B. Sabey, David C. Hallford, Denver, for appellant.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Wendy C. Weiss, First Asst. Atty. Gen., Denver, for appellee.

ERICKSON, Justice.

This appeal is from a partial summary judgment, which dismissed part of the application of Kenneth M. Good Irrevocable Trust (Good) for a conditional water right. Summary judgment was granted because Good had not satisfied the requirements of section 37-92-302(2), 15 C.R.S. (1986 Supp.), to secure a hearing on the merits of his application for a conditional water right. Good failed to construct a well before its well permit expired, as required...

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