Wilber v. Wheeler

By mandamus petitioners seek to require the State Engineer to issue a new, corrected water right certificate in lieu of one issued on August 8, 1956, because a 17-acre water right was allowed in that certificate on lands not applied for nor owned by the applicant. The lands had been found, by the final proof survey, to have been part of applicant’s irrigation project and the water applied to beneficial use thereon. The State Engineer demurred to the alternative writ and the court sustained the demurrer on the ground it failed to state facts sufficient to constitute a cause of action. From a…