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V BAR RANCH LLC v. COTTEN

No. 09SA191.

233 P.3d 1200 (2010)

V BAR RANCH LLC, Plaintiff-Appellant v. Craig COTTEN, Division Engineer for Water Division No. 3; and George Gallegos, Defendants-Appellees and Dick Wolfe, State Engineer for the State of Colorado, Appellee Pursuant to C.A.R. 1(e).

Supreme Court of Colorado, En Banc.

June 21, 2010.

Attorney(s) appearing for the Case

Lester, Sigmond, Rooney & Schwiesow, Erich Schwiesow, Alamosa, Colorado, Attorneys for Plaintiff-Appellant.

John W. Suthers, Attorney General, Paul L. Benington, Assistant Attorney General Natural Resource and Environment Section, Denver, Colorado, Attorneys for State and Division Engineers.

No appearance by or on behalf of George Gallegos.

Justice MARTINEZ delivered the Opinion of the Court.

I. Introduction

Plaintiff-Appellant V Bar Ranch LLC ("V Bar") has a decreed artesian confined-aquifer well that was originally drilled in 1946. At the time of drilling, the well was used to irrigate the Southwest Quarter of Section 3, Township 35 North, Range 9 East, N.M.P.M. ("Section 3"). In 1966, the predecessors in interest to V Bar (hereinafter referred to as "V Bar") began using the well to irrigate...

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