LEWIS v. STATE BD. OF CONTROL

No. 84-161.

699 P.2d 822 (1985)

Gertrude A. LEWIS; Betty M. DesRosiers; Richard L. Lewis; Grace W. Lewis; Roland B. Lewis; Relta K. Cox; David M. Nelson and Constance Nelson, husband and wife; Rudolph Gunter; and Julian Land & Livestock Co., a Wyoming corporation, Appellants (Plaintiffs/Petitioners), v. STATE BOARD OF CONTROL, an agency of the State of Wyoming (George Christopulos, President; Paul Schwieger, Ex-Officio Secretary; Francis Carr, Adjudication Officer; Earl Michael, Superintendent Water Division No. I; Paul Kawulok, Superintendent Water Division No. II; Craig Cooper, Superintendent Water Division No. III; and John Teichert, Superintendent Water Division No. IV; in their official capacity); R.S. Peterson & Sons, Inc., a Wyoming corporation; Ben Weston; Marie Weston; Dale Weston; Robert A. Faddis; John H. Faddis; Hubert Faddis; Fred Allen Feller; Irene Feller; Utah Power & Light Company, a Utah corporation; John Sedey and Clara Sedey, husband and wife, Appellees (Defendants/Respondents).

Supreme Court of Wyoming.

May 17, 1985.


Attorney(s) appearing for the Case

Timothy O. Beppler and Roy A. Jacobson, Jr. of Vehar, Lehman, Beppler and Jacobson, P.C., Evanston and Kemmerer, for appellants.

A.G. McClintock, Atty. Gen., and John D. Erdmann, Asst. Atty. Gen., Cheyenne, for appellee State Bd. of Control.

Harry L. Harris and Mark W. Harris, Evanston, for remaining appellees.

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


ROONEY, Justice.

This is an appeal from a decision of the district court dismissing appellants' claims based on adverse possession and affirming the State Board of Control's order denying appellants' petition for abandonment of water rights.

We affirm.

Appellants state the issues as follows:

"I. WHETHER A WATER USER MAY ACQUIRE A JUDICIALLY DECLARED RIGHT TO WATER, ALREADY APPROPRIATE[D] BY ANOTHER, THROUGH APPLICATION OF THE DOCTRINE OF ADVERSE...

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