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UPPER BLACK SQUIRREL CREEK v. GOSS

No. 99SA96.

993 P.2d 1177 (2000)

UPPER BLACK SQUIRREL CREEK GROUND WATER MANAGEMENT DISTRICT, Defendant-Appellant/Cross-Appellee, v. David GOSS, Plaintiff-Appellee/Cross-Appellant, v. Colorado Ground Water Commission and Cherokee Metropolitan District, Defendants-Appellees/Cross-Appellees.

Supreme Court of Colorado, En Banc.

February 22, 2000.

Attorney(s) appearing for the Case

Lind, Lawrence & Ottenhoff, LLP, Kim R. Lawrence, P. Andrew Jones, Greeley, Colorado Attorneys for Defendant-Appellant/Cross-Appellee.

Hill & Robbins, P.C., Dennis M. Montgomery, Denver, Colorado Attorneys for Plaintiff-Appellee/Cross-Appellant.

Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael McLachlan, Solicitor General, Edward R. Kowalski, Assistant Attorney General, Natural Resources and Environment Section Denver, Colorado Attorneys for Defendants-Appellees/Cross-Appellees.

White & Jankowski, LLP, Michael D. White, David C. Taussig, Denver, Colorado Attorneys for Amici Curiae for Eagle Peak Farms, Ltd. and Prospect Valley Farms, Ltd.

Justice HOBBS delivered the Opinion of the Court.

This appeal is from a declaratory judgment of the District Court for El Paso County entered by the designated ground water judge (Ground Water Judge). The suit arose when an individual well owner, David Goss (Goss), demanded that either the Colorado Ground Water Commission (Commission) or the Upper Black Squirrel Creek Ground Water Management District (Management District) issue an order curtailing ground water withdrawals...

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