Staats v. Newman

Petitioners seek review of a final order of the Water Resources Department (department) revoking certain of their water rights on the ground that the rights had not been used for at least five years. They contend that the department erred in applying an incorrect standard of proof and in finding that they had not used their water rights. We affirm.

The relevant facts are not in dispute. Petitioners own a ranch and associated water rights allowing water to be diverted from several streams for irrigation. In 1997, respondents, who own or occupy neighboring property, filed affidavits with the…