KOBOBEL v. STATE DEPT. OF NATURAL RESOURCES

No. 10SA92.

249 P.3d 1127 (2011)

Elmer A. KOBOBEL, Mariam M. Kobobel, Larry A. Kobobel, Glen D. Kobobel, David A. Knievel, and Margery A. Knievel, Plaintiffs-Appellants, v. STATE of Colorado, DEPARTMENT OF NATURAL RESOURCES, Division of Water Resources; Dick Wolfe, P.E., in his capacity as the Colorado State Engineer; and James R. Hall, in his capacity as Division Engineer of Water Division No. 1, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 25, 2011.


Attorney(s) appearing for the Case

Anderson and Chapin, P.C., Robert B. Chapin , Brush, Colorado, Hanson Bridgett LLP, Lyman D. Bedford , Larkspur, California, Attorneys for Plaintiffs-Appellants.

John W. Suthers , Attorney General, Patrick L. Sayas , Assistant Attorney General, General Tort Unit, Civil Litigation and Employment Law Section, Denver, Colorado, Attorneys for Defendants-Appellees.


Justice MÁRQUEZ delivered the Opinion of the Court.

This appeal is from an order of the District Court for Water Division 1 ("water court") dismissing the claims of Elmer A. Kobobel, Mariam M. Kobobel, Larry A. Kobobel, Glen D. Kobobel, David A. Knievel, and Margery A. Knievel ("well owners") against the State of Colorado, Department of Natural Resources, Division of Water Resources; Dick Wolfe, P.E., in his capacity as the Colorado State Engineer; and James...

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