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STUTZMAN v. OFFICE OF WYO. STATE ENGINEER

No. 05-126.

130 P.3d 470 (2006)

2006 WY 30

John Max STUTZMAN and Roberta Lee Stutzman, Husband and Wife, Appellants (Petitioners), v. OFFICE OF the WYOMING STATE ENGINEER, Appellee (Respondent).

Supreme Court of Wyoming.

March 16, 2006.

Attorney(s) appearing for the Case

Representing Appellants: S. Joseph Darrah and Christopher M. Brown of Darrah, Darrah & Brown, P.C., Powell, Wyoming.

Representing Appellee: Patrick J. Crank, Attorney General; Jay A. Jerde, Deputy Attorney General; Hugh B. McFadden, Jr., Senior Assistant Attorney General; and Britt T. Long, Assistant Attorney General.

Before HILL, C.J., and KITE, VOIGT, and BURKE, JJ., and STEBNER, D.J., retired.

KITE, Justice.

[¶ 1] John Max Stutzman and Roberta Lee Stutzman (the Stutzmans) requested the Wyoming State Engineer's Office (state engineer) to file federal land patents pursuant to Wyo. Stat. Ann. § 41-3-324 (LexisNexis 2005). The state engineer denied the request, stating the land patents were not deeds for reservoir water subject to the statute and, therefore, the state engineer's office could not record them. The Stutzmans filed a petition for review...

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