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SRJ I VENTURE v. SMITH CATTLE, INC.

No. 90SA333.

820 P.2d 341 (1991)

SRJ I VENTURE, Plaintiff, and the Travelers Insurance Company, and Rodney J. Preisser, Plaintiffs-Intervenors-Appellees, and the State Engineer, Jeris Danielson, and the Division Engineer for Water Division No. 2, Steve White, Defendants-Appellees, v. SMITH CATTLE, INC., a Kansas corporation, and Reid Cattle Co., a Colorado corporation, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing December 9, 1991.

Attorney(s) appearing for the Case

Brownstein, Hyatt, Farber & Madden, P.C., Charles B. White, Wayne F. Forman, Denver, for Travelers Ins. Co.

Anderson, Johnson & Gianunzio, Gregory L. Johnson, Mark T. Pifher, William Kelly Dude, Colorado Springs, for Rodney J. Preisser.

Gale Norton, Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Lois G. Witte, Deputy Atty. Gen., Linda E. White, First Asst. Atty. Gen., Denver, for State Engineer and Div. Engineer.

Ben L. Wright, Jr., Denver, for Smith Cattle, Inc.

Robert D. Gower, Elizabeth, for Reid Cattle Co.

Chief Justice ROVIRA delivered the Opinion of the Court.

This appeal was initiated by Smith Cattle, Inc. (Smith) and Reid Cattle Co. (Reid), defendants below, to review a decision of the District Court, Water Division No. 2. The water court granted judgment for Travelers Insurance Company (Travelers), denying Smith and Reid's request for a curtailment of Travelers' decreed water rights in order to preserve the natural subirrigation, seepage and springs on Smith's...

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