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VAUGHN v. PEOPLE EX REL. SIMPSON

No. 04SA381.

135 P.3d 721 (2006)

Defendant-Appellant: Michael VAUGHN, v. Plaintiffs-Appellees: The PEOPLE of the State of Colorado, ex rel. Harold D. SIMPSON, State Engineer for the State of Colorado, and James R. Hall, Division Engineer for Water Division 1.

Supreme Court of Colorado, En Banc.

May 15, 2006.

Attorney(s) appearing for the Case

Riske & Salisbury, P.C., Don W. Riske, Cheyenne, WY, for Defendant-Appellant.

John Suthers, Attorney General, Alexandra L. Davis, Assistant Attorney General, John J. Cyran, Assistant Attorney General, Denver, for Plaintiffs-Appellees.

Justice EID does not participate.

COATS, Justice.

Michael Vaughn appealed directly to this court from a judgment of the water court assessing a monetary penalty against him for diverting ground water contrary to a valid order of the division engineer. After ordering the discontinuance of any further diversions from Vaughn's well, the division engineer, along with the state engineer, brought an action in the name of the People against Vaughn, seeking injunctive relief and civil penalties authorized...

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