Farm Investment Co. v. Carpenter

9 Wyo. 110, 61 P. 258 (1900)

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Farm Investment Co. v. Carpenter

Wyoming Supreme Court
9 Wyo. 110, 61 P. 258 (1900)

Facts

The Farm Investment Company (FIC) (plaintiff) held appropriative water rights in the Wyoming territory from 1879. In 1890, Wyoming became a state and enacted a new constitution and laws that, among other provisions, created a comprehensive water-control system that included a water board and state engineer who would supervise and appropriate water distribution and diversion in the state. FIC filed an action to establish its priority as a water-rights holder against Carpenter and other later-in-time appropriators (collectively, Carpenter) (defendant). Carpenter applied through the water board to document his appropriative use of water dating back to 1883 and received confirmation of his water right in 1893. FIC failed to seek documentation of its water rights through the water board, leading Carpenter to contend that FIC had abandoned its water rights. FIC argued that the court could adjudicate water rights, and, to the extent the 1890 statutes suggest otherwise, the rights are unconstitutional. Given the constitutional question, the district court certified the question for direct review by the Wyoming Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Potter, C.J.)

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