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HAMMEL v. SIMPSON

No. 03SA36.

83 P.3d 1122 (2004)

Clarence G. HAMMEL, Petitioner-Appellant, v. Hal SIMPSON, State Engineer; Rio Grande Canal Water Users Association, Respondents-Appellees.

Supreme Court of Colorado, En Banc.

February 2, 2004.

Attorney(s) appearing for the Case

Anthony L. Martinez, Salida, Colorado, Attorney for Petitioner-Appellant.

Ken Salazar, Attorney General, Lori J. Coulter, Assistant Attorney General, Shana Smilovits, Assistant Attorney General, Denver, Colorado, Attorneys for Respondents-Appellees.

PER CURIAM.

In this abandonment case, we apply the principles of law governing abandonment of a water right in Colorado. The critical element in any abandonment case is intent. Haystack Ranch, LLC v. Fazzio, 997 P.2d 548, 552 (Colo.2000). Abandonment need not be proved directly; the water court may infer the intent to abandon from the facts of the case. Here, the trial court found that no beneficial use of water from the decreed...

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