Summary 2006 WY 30

Summary of Decision issued March 16, 2006

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it is issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you pinpoint cite to a quote, you should cite to this paragraph number rather than to any page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance.]

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Stutzman v. Office of the Wyoming State Engineer

Citation: 2006 WY 30

Docket Number: 05-126

Appeal from the District Court of Park County, Honorable Dan Spangler, Judge, Retired

Representing Appellants (Petitioners): S. Joseph Darrah and Christopher M. Brown of Darrah, Darrah & Brown, PC, Powell, Wyoming.

Representing Appellee (Respondent): Patrick J. Crank, Wyoming Attorney General; Jay A. Jerde, Deputy Attorney General; Hugh B. McFadden, Jr., Senior Assistant Attorney General; and Britt T. Long, Assistant Attorney General.

Date of Decision: March 16, 2006

Issue: Whether the state engineer was required to file the Appellant’s federal patents as “deeds for reservoir water” pursuant to Wyo. Stat. Ann. § 41-3-324 and unlawfully withheld agency action by declining to do so.

Holding: The Court reviews an agency’s conclusions of law de novo. They review the factual determinations by considering whether they are supported by substantial evidence. The instant case arises from the same facts as Big Horn, 2004 WY 21. For a detailed summary of the factual and legal background of the Big Horn River adjudication, see Big Horn, 2004 WY 21. On March 10, 2004, the Court affirmed the district court decision to dismiss the Appellant’s claims for an individual, proportionate, state right to use water stored in the Buffalo Bill Reservoir.

Wyo. Stat. Ann. § 41-3-324 clearly provides that all deeds for reservoir water and water rights shall be filed in the office of the state engineer. But, given the Court’s holding in Big Horn that the Appellants were time barred from asserting any claim to state water rights they may have had under the federal land patents, it would be absurd for the Court to require the state engineer to file the patents. The purpose of the filing requirement is to provide notice of claims to water rights and it would be illogical to require such notice in cases where a claim has been adjudicated and a determination has been made that no valid claim exists under Wyoming law. The state engineer’s office did not unlawfully withhold administrative action when it declined to file the patents.

The decree of the district court was affirmed.

J. Kite delivered the opinion for the court.

Link to the case: http://tinyurl.com/r54d7 .