TOWN OF PINE BLUFFS v. STATE BD., ETC.

No. 5657.

647 P.2d 1365 (1982)

In the Matter of the Petitions for a Change in Point of Withdrawal of a Portion of the Water for the Town of Pine Bluffs No. 4 Well, Permit No. UW-13170 with a Priority of December 31, 1971, and a Portion of the Water for the town of Pine Bluffs No. 5 Well, Permit No. UW-3994 with a Priority of January 2, 1970; to the Town of Pine Bluffs Municipal Well. The TOWN OF PINE BLUFFS, Appellant (Petitioner), v. The STATE BOARD OF CONTROL OF THE STATE OF WYOMING, Appellee (Respondent).

Supreme Court of Wyoming.

July 13, 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, Sr. Asst. Atty. Gen., Lawrence J. Wolfe, Asst. Atty. Gen., Cheyenne, for appellee.

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


BROWN, Justice.

The State Board of Control of the State of Wyoming, appellee, denied the petition of the Town of Pine Bluffs, appellant, to transfer a part of the adjudicated right of the town wells Nos. 4 and 5 to town well No. 1. The District Court for Laramie County affirmed the order of appellee.

Reduced to its simplest terms the issue on appeal is, does § 41-3-917, W.S. 1977, authorize a partial change in well location?

We will affirm.

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