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TATUM v. PEOPLE EX REL. SIMPSON

No. 04SA382.

122 P.3d 997 (2005)

Jim TATUM, Defendant-Appellant, v. The PEOPLE of the State of Colorado ex rel. Harold D. (Hal) SIMPSON, State Engineer for the State of Colorado; and Steven J. Witte, Division Engineer for Water Division 2, Plaintiffs-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied November 28, 2005.

Attorney(s) appearing for the Case

Jim Tatum, Pro Se, Trinidad, Defendant-Appellant.

John W. Suthers, Attorney General, Paul L. Benington, Assistant Attorney General, Natural Resources and Environmental Section, Denver, for Plaintiffs-Appellees.

PER CURIAM.

This is an appeal from an order of the District Court, Water Division 2 (water court) enjoining Appellant, Jim Tatum, from continuing to violate section 37-84-112(1), C.R.S. (2005), by failing to maintain a suitable and proper headgate at the point of diversion from the Purgatoire River into the Dolores Duran Ditch. Because the evidence in the record is sufficient to support the water court's findings, we affirm the water court's order.

I

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