Wheatland Irrigation District v. Laramie Rivers Co.
Wyoming Supreme Court
659 P.2d 561 (1983)
- Written by Colette Routel, JD
Facts
The Laramie Rivers Company (Laramie Rivers) (defendant) possessed senior rights to store up to 68,500 acre-feet of water in the Lake Hattie Reservoir. In 1972, however, the Wyoming state engineer announced that only 27,400 acre-feet could be stored in the reservoir until certain repairs were made to the dam. In 1980, the State of Wyoming approved a loan so the dam could be repaired. But when Laramie Rivers began repairs to the dam shortly thereafter, the Wheatland Irrigation District (Wheatland) (plaintiff) filed a petition with the state water agency seeking a declaration that Laramie River had abandoned its right to any quantity of water more than 27,400 acre-feet. State law provided that if a party failed to use its allocated water rights for five consecutive years, the rights were considered abandoned. Even though Laramie Rivers had failed to use its water rights for more than five consecutive years, the state agency rejected Wheatland’s petition, noting that substantial repair work to the dam had begun before the abandonment petition was filed. Wheatland appealed.
Rule of Law
Issue
Holding and Reasoning (Rose, J.)
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