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WILLIAM F. WEST RANCH, LLC v. TYRRELL

Nos. S-08-0161, S-08-0162.

206 P.3d 722 (2009)

2009 WY 62

WILLIAM F. WEST RANCH, LLC, L.J. Turner, Karen Turner, Wendy Turner, Jennifer Turner, and Michael Turner, Appellants (Plaintiffs), v. Patrick TYRRELL, Wyoming State Engineer and The Wyoming Board of Control, Appellees (Defendants). Pennaco Energy Inc. and Devon Energy Production Company, L.P., Appellants (Intervenors/Defendants), v. William F. West Ranch, LLC, L.J. Turner, Karen Turner, Wendy Turner, Jennifer Turner, and Michael Turner, Appellees (Plaintiffs) and Patrick Tyrrell, Wyoming State Engineer and The Wyoming Board of Control, Appellees (Defendants).

Supreme Court of Wyoming.

May 7, 2009.

Attorney(s) appearing for the Case

Representing Appellants Case No. S-08-0161 and Appellees Case No. S-08-0162: Kate M. Fox and J. Mark Stewart of Davis & Cannon, LLP, Cheyenne, Wyoming; Sarah Klahn of White & Jankowski, Denver, Colorado. Argument by Ms. Fox.

Representing Appellants Case No. S-08-0162: Brent R. Kunz of Hathaway & Kunz, P.C., Cheyenne, Wyoming; John C. Martin of Patton Boggs LLP, Washington, D.C.; Scott P. Klosterman and Margo Harlan-Sabec of Williams, Porter, Day & Neville, P.C., Casper, Wyoming. Argument by Mr. Martin.

Representing Appellees Case Nos. S-08-0161 and S-08-0162: Bruce A. Salzburg, Wyoming Attorney General; Jay Jerde, Deputy Attorney General; Peter K. Michael, Senior Assistant Attorney General; Marion Yoder, Senior Assistant Attorney General. Argument by Ms. Yoder.

Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.

KITE, Justice.

[¶ 1] William F. West Ranch, LLC (West) and the Turners (Turner) appeal the district court's determination that it did not have jurisdiction over their declaratory judgment action challenging the Wyoming State Engineer's and Wyoming Board of Control's (hereinafter referred to collectively as "the State") administration of underground water produced and stored as part of the process of extracting coal bed...

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