Justice MARTINEZ delivered the Opinion of the Court.
Haystack Ranch, LLC appeals a decree of abandonment of water rights. Frank A. Fazzio, who initiated this action for a decree of abandonment, appeals from an award of attorney fees and costs assessed against him after the voluntary dismissal of his tort claim.
The water court found that Fazzio established a presumption of abandonment by showing significant periods of unexcused nonuse by the previous owners...
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