In Re the Application for Change of Appropriation Water Rights Nos. 101960-41S & 101967-41S

Keith and Alice Royston appeal from an order of the First Judicial District Court, Lewis and Clark County, upholding the decision of the Department of Natural Resources and Conservation (DNRC) denying the Roystons’ application for a change of place of use of water rights and a change of use from flood irrigation to sprinkler irrigation. We affirm.

The Roystons raise the following issues on appeal:(1) Did the District Court err in holding that the Roystons, as applicants for a change of appropriative water rights, had the burden of proving lack of adverse effect on other appropriators, adequate…