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BUDD v. BISHOP

No. 4410.

543 P.2d 368 (1975)

Dan S. BUDD et al., Appellants (Plaintiffs below), v. Floyd BISHOP, State Engineer, et al., Appellees (Defendants below).

Supreme Court of Wyoming.

December 18, 1975.

Attorney(s) appearing for the Case

Jack R. Gage, of Hanes, Carmichael, Johnson, Gage & Speight, Cheyenne, for appellants.

David B. Kennedy, Atty. Gen., and James H. Barrett, Special Asst. Atty. Gen., Cheyenne, for appellees.

Before GUTHRIE, C.J., and McCLINTOCK and THOMAS, JJ.

THOMAS, Justice.

This action was brought by the plaintiffs (hereafter collectively referred to as Budd) for the purpose of posing constitutional challenges to Chapter 153 of the Session Laws of Wyoming, 1945. Prior to 1945, § 122-117, W.R.S. 1931, as amended by Chapter 105, S.L. of Wyoming, 1935, had provided for the determination and establishment of the several priorities of water rights on streams in the state; had limited such rights to beneficial use of...

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