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EAGLE PEAK FARMS v. GROUND WATER COM'N

No. 92CA1474.

870 P.2d 539 (1993)

EAGLE PEAK FARMS, LTD., a Colorado limited partnership, Plaintiff-Appellant, v. The COLORADO GROUND WATER COMMISSION; Marks Butte, Frenchman, Sandhills, and Central Yuma County Ground Water Management Districts; and Upper Black Squirrel Creek Ground Water Management District, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

Rehearing Denied September 30, 1993.

Certiorari Granted April 4, 1994.

Attorney(s) appearing for the Case

Timothy R. Buchanan, P.C., Timothy R. Buchanan, Kimberly S. Paull, Boulder, for plaintiff-appellant.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Patrick E. Kowaleski, Asst. Atty. Gen., Denver, for defendant-appellee The Colorado Ground Water Com'n.

Vranesh and Raisch, Michael D. Shimmin, Gregory J. Clifton, Boulder, for defendant-appellee Marks Butte, Frenchman, Sandhills, and Cent. Yuma County Ground Water Management Districts.

Petrock & Fendel, P.C., James J. Petrock, Frederick A. Fendel, III, Gilpin County Atty., Denver, for defendant-appellee Upper Black Squirrel Creek Ground Water Management Dist.

Opinion by Judge CRISWELL.

Plaintiff, Eagle Peak Farms, Ltd., a Colorado limited partnership that owns farmland and ground water rights in Adams and Weld Counties, initiated this proceeding seeking to challenge a regulation of defendant, Colorado Ground Water Commission (Commission). However, the ground water judge of the Adams County District Court ruled that that court lacked jurisdiction to entertain plaintiff's complaint. It concluded that it was the State Administrative...

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