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FOX v. DIVISION ENG. FOR WATER DIV. 5

No. 90SA120.

810 P.2d 644 (1991)

Joseph L. FOX and Theo Ertl, Trustees of the Tell Ertl Family Trust; Theo Ertl, Trustee of the Buff Ertl White, Jill Ertl Esbensen, Jann Ertl, Twig Ertl, and Rett Ertl Trust; and Shell Western E & P, Inc., a subsidiary of Shell Oil Company, Applicants/Appellants, v. The DIVISION ENGINEER FOR WATER DIVISION 5; the State Engineer; Natec Minerals, Inc., formerly known as Natec, Ltd., and formerly doing business in Colorado as Natec Mines, Ltd.; Occidental Oil Shale, Inc.; the Oil Shale Corporation; Colorado River Water Conservation District; Exxon Company, U.S.A.; Mobil Oil Corporation; and Rio Blanco Oil Shale Company, Objectors/Appellees.

Supreme Court of Colorado, En Banc.

May 6, 1991.

Attorney(s) appearing for the Case

Stephen T. Williamson, Jay J. Bartlett, Louisville, for applicants/appellants.

Timothy R. Buchanan, P.C., Timothy R. Buchanan, Boulder, for Natec Minerals, Inc.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Linda E. White, First Asst. Atty. Gen., Denver, for Water Div. 5 Engineer and the State Engineer.

Chief Justice ROVIRA delivered the Opinion of the Court.

This appeal was taken after the District Court, Water Division No. 5, dismissed the appellants' application for conditional water rights because no plan of augmentation had been submitted. We affirm.

I

The appellants seek conditional underground water rights for 45 proposed tributary wells located on land owned by them. The original application was...

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