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Concerning The Application For Water Rights of The Eagle Ri v. r Water Sanitation District; The State Engineer; Di

CHIEF JUSTICE MULLARKEY, JUSTICE MARTINEZ, and JUSTICE BENDER are of the opinion that the judgments of District Court, Water Division 5 should be affirmed, whereas JUSTICE KOURLIS, JUSTICE RICE and JUSTICE COATS are of the opinion that they should be reversed.

Since the court is equally divided, the judgments of District Court, Water Division 5 are affirmed by operation of law. C.A.R. 35(e).

JUSTICE HOBBS does not participate.

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CONCERING THE APPLICATION FOR WATER RIGHTS
(May 19, 2003)