SOUTHEASTERN COLORADO WATER, ETC. v. HUSTON

No. 79SA38.

593 P.2d 1347 (1979)

SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT; Northern Colorado Water Conservancy District; Southwestern Colorado Water Conservation District, Petitioners, v. John HUSTON; Alan Leaffer; Wallace Yaffe, d/b/a various John Doe and Richard Roe joint ventures; Nedlog Technological Group; Colorado Pacific Energy; Colorado Pacific Aztec; and Bob Johnston, Jr., Respondents.

Supreme Court of Colorado, En Banc.

Rehearings Denied April 30 and May 7, 1979.


Attorney(s) appearing for the Case

Fairfield & Woods, Charles J. Beise, Howard Holme, Denver, for petitioner Southeastern Colo. Water Conservancy Dist.

Davis, Graham & Stubbs, John M. Sayre, Denver, for petitioner Northern Colo. Water Cons. Dist.

Maynes, Bradford & Duncan, Durango, for petitioner Southwestern Colo. Water Conservancy Dist.

J. D. MacFarlane, Atty. Gen., Hubert A. Farbes, Jr., First Asst. Atty. Gen., Vicki J. Fowler, Jack M. Wesoky, Asst. Attys. Gen., Denver, for copetitioner C. J. Kuiper, State Engineer.

Yegge, Hall & Evans, Michael D. White, John D. Phillips, Jr., Harvey W. Curtis, Charles B. White, Denver, for respondents John H. Huston, Alan Leaffer and Wallace Yaffe.

Holme, Roberts & Owen, Kenneth J. Burke, Marilyn G. Alkire, Denver, for respondent Nedlog Technology Group.

Calkins, Kramer, Grimshaw & Harring, Wayne B. Schroeder, Denver, for respondents Colorado Pac. Energy and Colorado Pac. Aztec.

Saunders, Snyder, Ross & Dickson, P. C., W. B. Tourtillot, Jr., Denver, for respondent Bob Johnston, Jr.

Fischer, Brown, Huddleson & Gunn, Ward H. Fischer, Steven B. Ray, Fort Collins, for amici curiae Jackson County Water Conservancy Dist., Cache La Poudre Water Users Ass'n and City of Fort Collins, Colorado.

Steinmark & Lawrence, Kim R. Lawrence, Greeley, for amicus curiae Central Colorado Water Conservancy Dist.


GROVES, Justice.

This is an original proceeding in which we have been requested to consolidate a number of water cases in order that there may be a determination of common questions of law. These cases arise from applications for the adjudication of rights in non-tributary underground waters apparently not located within any designated ground water basin.1 We are asked to comply with this request under our supervisory powers granted by...

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