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IN RE BIG HORN RIVER SYSTEM

No. 02-239.

85 P.3d 981 (2003)

2004 WY 21

In re The General Adjudication of All Rights to Use Water in the BIG HORN RIVER SYSTEM and All Other Sources, State of Wyoming Phase III. John Max Stutzman and Roberta Lee Stutzman, Appellants (Petitioners/Intervenors).

Supreme Court of Wyoming.

March 10, 2003.

Attorney(s) appearing for the Case

Representing Appellant: S. Joseph Darrah and Christopher M. Brown of Darrah & Darrah, P.C., Powell, Wyoming. Argument by Mr. Darrah.

Representing the State of Wyoming: Patrick J. Crank, Attorney General; Jenifer E. Scoggin*, Assistant Attorney General; and Keith S. Burron, Special Assistant Attorney General, of Associated Legal Group, LLC. Argument by Ms. Scoggin.

Representing the United States: Thomas L. Sansonetti, Assistant Attorney General, Environment & Natural Resources Division, and John L. Smeltzer, Attorney, Department of Justice, Washington, D.C.; Matthew H. Mead, United States Attorney, and Carol Statkus, Assistant United States Attorney, Cheyenne, Wyoming. Argument by Mr. Smeltzer.

Before LEHMAN, KITE, and VOIGT, JJ.; BURKE and KAUTZ, D.JJ.

KITE, Justice.

[¶ 1] John Max Stutzman and Roberta Lee Stutzman, individual irrigators within the Shoshone Reclamation Project, claimed rights to use a proportionate share of the water stored in the Buffalo Bill Reservoir, which is owned and operated by the federal Bureau of Reclamation, and sought to have those rights adjudicated in the Big Horn River general adjudication. We hold the district court properly dismissed the Stutzmans' claims as untimely.

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