PET. FOR CHANGE, ETC. v. ST. BD. OF CONTROL

No. 5614.

649 P.2d 657 (1982)

In the Matter of the PETITION FOR CHANGE IN USE AND FOR CHANGE IN PLACE OF USE FOR THE EKXTROM NO. 1 WELL, STATEMENT OF CLAIM NO. UW-298, WITH A PRIORITY DATE OF 1920, TOWN OF PINE BLUFFS, Appellant (Petitioner), v. STATE BOARD OF CONTROL of the State of Wyoming, Appellee (Respondent).

Supreme Court of Wyoming.

August 3, 1982.


Attorney(s) appearing for the Case

Jack R. Gage, Hanes, Gage & Burke, P.C., Cheyenne, for appellant.

Steven F. Freudenthal, Atty. Gen., Walter Perry, III, Senior Asst. Atty. Gen., and John D. Erdmann, Asst. Atty. Gen., Cheyenne, for appellee.

Before ROSE, C.J., and RAPER, THOMAS, ROONEY and BROWN, JJ.


ROSE, Chief Justice.

Simply stated, appellant Town of Pine Bluffs seeks, in this appeal, to increase an adjudicated groundwater water right by utilizing the change-of-use-and-change-in-place-of-use statute, § 41-3-104, W.S. 1977.1

Paraphrased, this statute says that a petition for change in use and place of use of an existing water right may be allowed, providing the quantity...

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