State Board of Control v. Johnson Ranches, Inc.

RAPER, Chief Justice.

This appeal is concerned solely with the interpretation of a Wyoming statute which governed the abandonment of water rights at the time this action was initiated. 1 The essential issue is whether the last sentence of § 41-47.1(b), supra, requires the contestant to prove that water was available during the successive five-year period of nonuse or whether the contestee is required to prove that water was not available thus excusing his nonuse. We will hold that the contestee has that burden, reverse the district court which held to the contrary, and affirm the Board of…