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STATE ENGINEER v. SMITH CATTLE, INC.

NO. 88SA349.

780 P.2d 546 (1989)

The STATE ENGINEER, Jeris A. Danielson, and the Division Engineer for Water, Division No. 2, Steven J. Witte, Defendants/Appellants, SRJ I Venture, Plaintiff/Appellee, and The Travelers Insurance Company and Rodney J. Preisser, Plaintiffs/Intervenors/Appellees, v. SMITH CATTLE, INC., a Kansas corporation, and Reid Cattle Co., a Colorado corporation, Defendants.

Supreme Court of Colorado, En Banc.

October 2, 1989.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Peggy M. Ventura, First Asst. Atty. Gen., Denver, for defendant/appellant and plaintiff/appellee.

Brownstein Hyatt Farber & Madden, Charles B. White and Wayne F. Forman, Denver, for plaintiff/intervenor/appellee Travelers Ins. Co.

Anderson, Johnson & Gianunzio, Gregory L. Johnson and Mark T. Pifher, Colorado Springs, for plaintiff/intervenor/appellee Rodney J. Preisser.

Carlson, Hammond & Paddock, John U. Carlson and M. Wray Witten, Denver, amicus curiae for Colorado Water Congress.

Ben L. Wright, Jr., Denver, and Robert D. Gower, Elizabeth, amicus curiae for defendants.

Justice VOLLACK delivered the Opinion of the Court.

I.

Appellants Jeris A. Danielson, the State Engineer, and Steven Witte, the Division Engineer for Water Division No. 2 (engineers), appeal the judgment of the Water Court Division No. 2 (water court), which held that the engineers may not apply the Arkansas River Rules1 to wells owned by SRJ I Venture (Venture) and the Travelers Insurance Company (Travelers). The water court...

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