Bailey v. State

OPINION

By the Court,

Mowbray, C. J.:

Appellant, Patricia M. Bailey, challenged, in district court, the State Engineer’s cancellation of a permit appropriating underground water (No. 22532), and the Engineer’s denial of Bailey’s reapplication for the same water right (No. 25905).

The district court disallowed Bailey’s challenge to the dismissal of the original permit, No. 22532, but the court did direct the State Engineer to grant, in part, her new application, No. 25905, by appropriating water for the cultivation of 80 acres.

Bailey has appealed, claiming that the court erred in (1) denying her…