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WILSON v. TYRRELL

Nos. S-10-0054, S-10-0055, S-10-0119.

246 P.3d 265 (2011)

2011 WY 7

Thomas L. WILSON and Helen L. Wilson, Husband and Wife, Appellants (Petitioners), v. Patrick T. TYRRELL, in His Capacity as State Engineer for the State of Wyoming, Appellee (Respondent), and Lucerne Canal and Power Company, Appellee (Intervenor). Thomas L. Wilson and Helen L. Wilson, Appellants (Plaintiffs), v. Lucerne Canal and Power Company, Appellee (Defendant).

Supreme Court of Wyoming.

January 19, 2011.

Attorney(s) appearing for the Case

Representing Appellants: Frank J. Jones of Wheatland, Wyoming.

Representing Appellee Patrick T. Tyrrell , in his capacity as Wyoming State Engineer, in Case No. S-10-0054: Bruce A. Salzburg , Wyoming Attorney General; Jay A. Jerde , Deputy Attorney General; Peter K. Michael , Senior Assistant Attorney General; S. Jane Caton , Senior Assistant Attorney General. Argument by Ms. Caton.

Representing Appellee Lucerne Canal and Power Company: Harriet M. Hageman and Kara Brighton of Hageman & Brighton, P.C. Argument by Ms. Hageman.

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

VOIGT, Justice.

[¶ 1] The three appeals consolidated for decision in this opinion all arise out of a decades-old dispute between Thomas L. Wilson and Helen L. Wilson (the Wilsons) and Lucerne Canal and Power Company (Lucerne). The casus belli is Lucerne's use of an old river channel to carry irrigation water across land owned by the Wilsons. This is the third round of the dispute that has reached this Court. We affirm in part, reverse in part, and remand...

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