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SCOTT v. McTIERNAN

No. 98-113.

974 P.2d 966 (1999)

Sam J. SCOTT and Mona R. Scott, Appellants (Petitioners), v. John McTIERNAN and Donna Dubrow; and Board of Control of the State of Wyoming, Appellees (Respondents).

Supreme Court of Wyoming.

Rehearing Denied April 27, 1999.

Attorney(s) appearing for the Case

Tom C. Toner and John G. Fenn of Yonkee & Toner, Sheridan, Wyoming, Representing Appellants.

Kim D. Cannon and Anthony Wendtland of Davis & Cannon, Sheridan, Wyoming, Representing Appellees McTiernan and Dubrow.

William U. Hill, Attorney General; Thomas J. Davidson, Deputy Attorney General; and S. Jane Caton, Senior Assistant Attorney General, Representing Appellee Board of Control.

Before LEHMAN, C.J., and THOMAS, MACY, GOLDEN & TAYLOR, JJ.

MACY, Justice.

Appellants Sam Scott and Mona Scott (the Scotts) petitioned for a review of the order in which Appellee Board of Control of the State of Wyoming (the board) concluded that the Scotts had abandoned a portion of their water rights. The district court certified the case to the Wyoming Supreme Court.

We affirm in part, reverse in part, and remand.

ISSUES

The Scotts present the following issues on appeal:

1. Can a senior...

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