PROJ00506

• Contract/PO #: C153824
• Contractor Name: Preisser, Rodney J.
• Contract Type: Loan
• Water District: 17
• County: Lincoln
• Bill Number: SPL
• Loan Projects - Doc Type: Feasibility Study

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~. Smith Cattle, Inc., in the prayer of its "Objection
to Granting Water Right" requested "that Rodney J. Preisser and
Diane Pre isseI' be required to shut down their wells and that they

be permanently enjoined from taking any water from or through

the wells above described."

The Court is unaware of any authority granted to it

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. under the adjudication statutes (Art. 1~8-2l, C.R.S. 1963) to
grant an injunction in an adjudication proceeding, As a special
proceeding, adjudications are limited, The reasons for not
granting injunctions in adjudication proceedings ~are apparent.
If an appropriation is denied, no diversion Wil~ be permitted by

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the water administration officials. If a decree is granted, and

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the appropriator takes water out of priority, it must be assumed
that,. either on their own initiative or that of senior .appro-
priators, the responsible officials will administer the decrees
of this Court in order of priority. Only upon their failure so

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to do, and exhaustion of the available administrative remedies,
will injunctive relief lie. See Davis, Administrative Law Text
(Hornbook Edition), West Publishing Company (1959) where it is
said:

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".. .probably every court requires
exhaustion (of administrative remedies)
when the question presented is one within
the agency's specialization and where the
administrative remedy is as likely as the
judicial to provide the wanted relief."

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JUDGMENT AND DECREE
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:

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1. That applicants, Rodney J. Preisser and Diane Pre isseI'

be and they are hereby granted final decrees for the use of not

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to exceed 8100 acre feet of water for the irrigation of not to
exceed 2025 acres of land out of the following described

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property in Lincoln County, Colorado, to-wit:

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