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MATTER OF NORTH LARAMIE LAND CO.

No. 5174.

605 P.2d 367 (1980)

In the Matter of a Petition for Declaration of Abandonment of the NORTH LARAMIE LAND COMPANY Appropriation for Water stored in North Laramie Land Company No. 2 Reservoir, Permit No. 1516 Res. Supplied from the North Laramie River through the North Laramie Land Company Canal, with priority of May 1, 1909. STATE BOARD OF CONTROL, Appellant (Respondent), and Wilkinson Brothers, Appellant (Respondent-Contestant), v. JOHNSON RANCHES, INC., Appellee (Petitioner-Contestee).

Supreme Court of Wyoming.

January 18, 1980.

Attorney(s) appearing for the Case

Christan P. Mai, Asst. Atty. Gen., and Paul J. Hickey, Horiskey, Bagley & Hickey, Cheyenne, for appellants.

Donald N. Sherard, Wheatland, for appellee.

Before RAPER, C.J., THOMAS and ROSE, JJ., GUTHRIE, J., Retired, and FORRISTER, D.J.

RAPER, Chief Justice.

This appeal is concerned solely with the interpretation of a Wyoming statute which governed the abandonment of water rights at the time this action was initiated.1 The essential issue is whether the last sentence of § 41-47.1(b), supra, requires the contestant to prove that water was available during the successive five-year period of nonuse or whether the contestee is required to prove that water was not available...

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