Ward v. Yoder

Petition for rehearing has been filed on the grounds that (1) proof of intent to abandon water right 19 was required to support the declaration of abandonment of such right; (2) § 41-47, W.S.1957, is not a self-executing statute, and proof of nonuse for five consecutive years is insufficient to support a declaration of abandonment; (3) there was no substantial evidence to support the declaration of abandonment; (4) failure to use the Ontario Ditch was not an abandonment of water right 19; (5) there was beneficial utilization of water under 19 through the Babbitt Ditch during the period 1953 —…