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LAKE DE SMET RESERVOIR COMPANY v. KAUFMANN

No. 2702.

75 Wyo. 87 (1956)

292 P.2d 482

LAKE DE SMET RESERVOIR COMPANY, a Wyoming corporation, Plaintiff and Respondent, vs. ALEX KAUFMANN, Defendant and Appellant.

Supreme Court of Wyoming.

January 17, 1956.

Attorney(s) appearing for the Case

For the defendant and appellant, the cause was submitted upon the brief and also oral argument of Henry A. Burgess of Sheridan, Wyoming.

For the plaintiff and respondent, the cause was submitted upon the brief of James Munro and D.P.B. Marshall, both of Sheridan, Wyoming, and oral argument by Mr. Munro.

OPINION

PARKER, Justice.

This is a case dealing with "Surplus Water," which words, although not hereafter specially indicated, will be taken to mean:

The water impounded by a reservoir owner, over and above that necessarily used for irrigation or other beneficial purposes in connection with his own lands. See §§ 71-616 and 71-701, W.C.S. 1945. [The definition in § 71-217, W.C.S., 1945, is inapplicable in this case.]

The instant...

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