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TOLTEC WATERSHED v. ASSOCIATED ENT.

No. 91-170.

829 P.2d 819 (1992)

TOLTEC WATERSHED IMPROVEMENT DISTRICT, Appellant (Appellant/Contestee), v. ASSOCIATED ENTERPRISES, INC., acting through its President, Mr. Eldon JOHNSTON, Appellee (Appellee/Petitioner), Wyoming State Board of Control, Appellee.

Supreme Court of Wyoming.

April 15, 1992.

Attorney(s) appearing for the Case

Fred W. Phifer, Wheatland, for appellant.

Wm. R. Jones, Wheatland, for appellee Associated Enterprises, Inc.

Joseph B. Meyer, Atty. Gen., Mary B. Guthrie, Dennis C. Cook, Sr. Asst. Attys. Gen., and Frederick E. Chemay, Asst. Atty. Gen., for appellee Wyoming State Bd. of Control.

Before URBIGKIT, C.J., and THOMAS, CARDINE, MACY and GOLDEN, JJ.

MACY, Justice.

Pursuant to Wyo.Stat. § 41-3-107 (Supp. 1991), the Wyoming State Board of Control granted Appellee Associated Enterprises, Inc.'s petition to transfer its water rights from lands submerged by Appellant Toltec Watershed Improvement District's reservoir. Toltec petitioned the district court for review, claiming that Associated Enterprises could not transfer the water rights for lack of ownership. The district court affirmed the Board of Control's...

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