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STATE, BD. OF LAND COM'RS v. LONESOME FOX CORP.

No. 84-164.

707 P.2d 167 (1985)

The STATE of Wyoming, BOARD OF LAND COMMISSIONERS, Petitioner, v. LONESOME FOX CORPORATION, Contestant-Respondent, and the Wyoming State Board of Control, Respondent.

Supreme Court of Wyoming.

October 11, 1985.

Attorney(s) appearing for the Case

A.G. McClintock, Atty. Gen., Peter J. Mulvaney, Deputy Atty. Gen., and Mary B. Guthrie, Senior Asst. Atty. Gen., Cheyenne, for petitioner State of Wyo., Bd. of Land Com'rs.

Hugh B. McFadden, Jr., and Philip A. Nicholas, Laramie, for contestant-respondent Lonesome Fox Corp.

John E. Erdmann, Asst. Atty. Gen., Algirdas M. Liepas, legal intern, Cheyenne, for respondent Wyoming State Bd. of Control.

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

ROSE, Justice.

This appeal comes to this court posing a question which asks whether the State Board of Control erred in abandoning water rights on State lands. The petition was filed by a junior downstream water user seeking abandonment of senior water rights in the Rock Creek drainage in southern Wyoming, and the State Board of Control declared abandoned all but 62 acres of the original and supplemental appropriations involved.

The contestee, Board of Land...

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