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SWEETWATER DEVELOP. CORP. v. SCHUBERT RANCHES, INC.

No. 26314.

535 P.2d 215 (1975)

SWEETWATER DEVELOPMENT CORPORATION and Jasper D. Ackerman, in Colorado Springs, Colorado, Plaintiffs-Appellees, v. SCHUBERT RANCHES, INCORPORATED, et al., Defendants-Appellants.

Supreme Court of Colorado, En Banc.

May 12, 1975.

Attorney(s) appearing for the Case

Saunders, Snyder & Ross, P. C., John M. Dickson, Jack F. Ross, Denver, for plaintiffs-appellees.

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Ben L. Wright, Jr., Sp. Asst. Atty. Gen., Denver, for defendant-appellant Colorado Ground Water Commission.

George W. Woodard, Alamosa, for all other defendants-appellants.

GROVES, Justice:

Claims for conditional decrees as to well water were filed in 1967 in a supplementary water adjudication proceeding under the Adjudication Act of 1943. C.R.S.1963, 148-9-1 et seq. Later proof was made under these claims, and thereafter there was created the Upper Black Squirrel Creek Basin (hereinafter referred to as the "Basin"). Subsequently, conditional decrees were entered in the supplemental adjudication. These embrace water located within the...

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