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BASIN ELEC. POWER COOP. v. STATE BD. OF CONT.

Nos. 4791, 4817.

578 P.2d 557 (1978)

Appeal of Basin Electric Power Cooperative from the Order of the State Board of Control in the Matter of the Petition of Basin Electric Power Cooperative for Change in Three Appropriations Diverting Water from the Laramie River through the Boughton Ditch, etc. BASIN ELECTRIC POWER COOPERATIVE, Appellant, v. STATE BOARD OF CONTROL; Middle Laramie Water Users Association; Upper Laramie Users, Inc.; and Wheatland Irrigation District, Appellees. WHEATLAND IRRIGATION DISTRICT and Middle Laramie Water Users Association, Appellants, v. STATE BOARD OF CONTROL; Basin Electric Power Cooperative; and Upper Laramie Users, Inc., Appellees.

Supreme Court of Wyoming.

Rehearings Denied May 25, 1978.

Attorney(s) appearing for the Case

D.N. Sherard and R.A. Stacy, Wheatland, for Basin Elec. Power Co-op.

V. Frank Mendicino, Atty. Gen., and Jack D. Palma, II, Asst. Atty. Gen., Cheyenne, for State Bd. of Control.

John J. Rooney and Paul J. Hickey of Rooney, Horiskey, Bagley & Hickey, Cheyenne, for Middle Laramie Water Users Ass'n.

William R. Jones of Jones, Jones, Vines & Hunkins, Wheatland, for Wheatland Irrigation Dist.

George J. Millett, Laramie, for Upper Laramie Users, Inc.

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

ROSE, Justice.

These consolidated appeals primarily concern the State Board of Control's decision not to grant the Basin Electric Power Cooperative the right to transfer certain historic closed-basin return flows, as requested in Basin's petition to change the use and point of diversion under certain acquired water appropriations. Basin's petition, filed pursuant to § 41-3-104, W.S. 1977 [§ 41-4.1, W.S. 1957, 1975 Cum.Supp.],1

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