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WHEATLAND IRRIGATION DISTRICT v. PIONEER CANAL CO.

No. 3756.

464 P.2d 533 (1970)

WHEATLAND IRRIGATION DISTRICT, Wheatland, Wyoming, Appellant (Contestant-Appellant below), v. PIONEER CANAL CO., Laramie, Wyoming, Appellee (Contestee-Appellee below).

Supreme Court of Wyoming.

January 26, 1970.

Attorney(s) appearing for the Case

Wm. Jones, of Jones, Jones & Vines, Wheatland, for appellant.

George J. Millett of Pence & Millett, Gordon W. Davis, of Davis & Costin, Laramie, for appellee.

James E. Barrett, Atty. Gen., Jack R. Gage, Special Asst. Atty. Gen., Cheyenne, for State Bd. of Control as amicus curiae.

Before GRAY, C.J., and McINTYRE, PARKER, and McEWAN, JJ.

Mr. Chief Justice GRAY delivered the opinion of the court.

In the year 1964 Wheatland Irrigation District, pursuant to § 41-48, W.S. 1957, and as a junior appropriator and contestant, commenced two proceedings before the State Board of Control, seeking a declaration of partial abandonment of certain adjudicated direct-flow and storage water rights owned by Pioneer Canal Co. By agreement of the parties and the board, the two proceedings were consolidated for hearing...

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