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VELASQUEZ v. CHAMBERLAIN

Nos. S-08-0043, S-08-0044.

209 P.3d 888 (2009)

2009 WY 80

Rose VELASQUEZ, Mike Velasquez, Mary Velasquez and Ernestino Velasquez, Land Owners, Appellants (Plaintiffs), v. Larry CHAMBERLAIN and Noreen Chamberlain, Husband and Wife, Appellees (Defendants). Larry Chamberlain and Noreen Chamberlain, Husband and Wife, Appellants (Plaintiffs), v. Rose Velasquez, Mike Velasquez, Mary Velasquez and Ernestino Velasquez, Land Owners, Appellees (Defendants).

Supreme Court of Wyoming.

June 18, 2009.

Attorney(s) appearing for the Case

Representing Rose Velasquez, Mike Velasquez, Mary Velasquez, and Ernestino Velasquez: Patrick Dixon of Casper, Wyoming.

Representing Larry Chamberlain and Noreen Chamberlain: Heather A. Jacobson of Jacobson Law Office, LLC, Douglas, Wyoming.

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

GOLDEN, Justice.

[¶ 1] These two consolidated appeals arise from a dispute between neighboring landowners. The Chamberlains own certain water rights. Traditionally, the water had been carried to their property through an established ditch running through property currently owned by the Velasquezes. Prior to the Velasquezes' purchase of the property, the ditch failed, and the Chamberlains replaced it with a pipeline, running on a different course from the ditch...

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