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PEOPLE EX REL. SIMPSON v. HIGHLAND IRR.

No. 94SA136.

893 P.2d 122 (1995)

The PEOPLE of the State of Colorado, ex rel. Hal D. SIMPSON, State Engineer, and Steven J. Witte, Division Engineer for Water Division 2, Plaintiffs-Appellees, v. The HIGHLAND IRRIGATION COMPANY, a mutual ditch company, and The Nine Mile Canal Company, a mutual ditch company, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing April 24, 1995.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Patricia S. Bangert, Deputy Atty. Gen., Wendy C. Weiss, First Asst. Atty. Gen., Natural Resources Section, Denver, for plaintiffs-appellees.

Grimshaw & Harring, P.C., Wayne B. Schroeder, Denver, for defendants-appellants.

Fairfield and Woods, P.C., Howard Holme, Stephen H. Leonhardt, Denver, for amicus curiae Southeastern Colo. Water Conservancy Dist.

Justice VOLLACK delivered the Opinion of the Court.

Defendants-Appellants The Highland Irrigation Company and The Nine Mile Canal Company (the defendants) appeal a ruling by the District Court, Water Division 2 (the water court), which enjoined the defendants from diverting water in contradiction to the orders of the Division Engineer for Water Division 2 (the division engineer). The water court held that the defendants were without standing to assert, as an affirmative...

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