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COLORADO GROUND WATER COMMISSION v. DREILING

No. 27952.

606 P.2d 836 (1979)

COLORADO GROUND WATER COMMISSION and Clarence J. Kuiper, State Engineer for the State of Colorado, Plaintiffs-Appellants, and Hobart Hallock, Third-Party Plaintiff and Appellant, v. A. F. DREILING, a/k/a Anton F. Dreiling, and Nesoline Dreiling, Defendant-Appellee, and William Joseph Leiker, Third-Party Defendant and Appellee.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing January 21, 1980.

As Modified on Denial of Rehearing February 19, 1980.

Attorney(s) appearing for the Case

J. D. McFarlane, Atty. Gen., Gregory J. Hobbs, Jr., First Asst. Atty. Gen., Loren L. Swick, Ben L. Wright, Jr., Sp. Asst. Attys. Gen., Denver, for plaintiffs-appellants.

W. B. Tourtillott, Jr., Saunders, Snyder, Ross & Dickson, P. C., Denver, for third-party plaintiff and appellant.

George McLachlan, Johnson, McLachlan & Dicola, Larmar, for defendant-appellee.

Carl M. Shinn, Lamar, for third-party defendant and appellee.

As Modified on Denial of Rehearing En Banc February 19, 1980.

ERICKSON, Justice.

The Colorado Ground Water Commission (the Commission) and Hobart Hallock (Hallock), plaintiffs in the trial court, have appealed a judgment denying their claims to enjoin the operation of two wells located in the North High Plains Designated Ground Water Basin, and denying Hallock's claim for damages resulting from the operation of the wells. The wells are presently owned by defendant...

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