Kearney Lake, Land & Reservoir Co. v. Lake DeSmet Reservoir Co.

Plaintiff, allegedly a Wyoming reservoir corporation engaged in the business of storing water from a tributary of Piney Creek, Johnson County, and distributing same to its stockholders for irrigation purposes, brought an action against defendant, also a Wyoming reservoir corporation engaged in storing water “from Piney Creek into Lake DeSmet,” downstream from plaintiff, and sought to have defendant’s permits in excess of 12,160 acre feet declared abandoned and forfeited because there had been no beneficial use of the water above that amount. Defendant filed a motion to dismiss because of…