BARD RANCH, INC. v. WEBER

Nos. 4400, 4401, 4403.

538 P.2d 24 (1975)

BARD RANCH, INC., Appellant, v. Wayne A. WEBER and Evelyn S. Weber, Appellees. In the Matter of the FINAL PROOFS OF APPROPRIATION OF the Following WATER RIGHTS: Permit No. 22864, Weber No. 1 Ditch; Permit No. 22865, Weber No. 2 Ditch; Permit No. 6266 ENL., Wayne ENL. Weber No. 2 Ditch; Permit No. 6267 ENL., Second ENL. Weber No. 2 Ditch; In the Matter of the Amended Petition to Change the Appropriation Under the Weber No. 2 Ditch, Permit No. 22865, Priority of March 5, 1968, From Supplemental Supply to Original Supply; In the Matter of the Petition for Partial Change in Means of Conveyance From Weber No. 2 Ditch, Permit No. 22865, Priority March 5, 1968, Diverting From Chugwater Creek to the Cooley Ditch From the Same Source of Supply. Wayne A. WEBER and Evelyn S. Weber, Appellants (Contestees-Appellants below), v. H. F. KETELSEN and Frances S. Ketelsen, Appellees (Petitioners-Appellees below).

Supreme Court of Wyoming.

June 30, 1975.


Attorney(s) appearing for the Case

William R. Jones, Jones, Jones, Vines & Hunkins, Wheatland, for appellant, Bard Ranch, Inc. and appellees H.F. Ketelsen and Frances S. Ketelsen.

Jack R. Gage, Hanes, Carmichael, Johnson, Gage & Speight, Cheyenne, for Wayne A. Weber and Evelyn S. Weber (appellants in Case No. 4403, and appellees in Case Nos. 4400 and 4401).

Before McEWAN, C.J., GUTHRIE, McCLINTOCK, THOMAS, JJ., and ARMSTRONG, D.J., Retired.


THOMAS, Justice.

How long is the Cooley Ditch? Who owns the Cooley Ditch? Who is entitled to use the Cooley Ditch? What water appropriations can be conveyed through the Cooley Ditch? Who is responsible for the expense of maintenance and repair of the Cooley Ditch?

These are the questions posed by these three cases which are the product of disagreements between neighbors over the operation of a private irrigation system located approximately five miles east...

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