Basin Elec. Power Coop. v. State Bd. of Cont‪.‬

These consolidated appeals primarily concern the State Board of Controls decision not to grant the Basin Electric Power Cooperative the right to transfer certain historic closed-basin return flows, as requested in Basins petition to change the use and point of diversion under certain acquired water appropriations. Basins petition, filed pursuant to § 41-3-104, W.S. 1977 [§ 41-4.1, W.S. 1957, 1975 Cum.Supp.], was contested by the Upper Laramie Users, Inc., the Wheatland Irrigation District (an organization then denominated as the Laramie River Water Users), the Middle Laramie Water Users Association, and certain other interested parties. After hearings in May and July, 1975, the Board granted Basins petition and entered findings of fact and conclusions of law on May 6, 1976. Basin took exception to certain of these findings and conclusions, and timely filed a petition for review. The Wheatland Irrigation District filed its own petition for review on July 23, 1976, which was later stricken by the district court for a failure to comply with the Wyoming Rules of Civil Procedure. The Middle Laramie Water Users Association did not file a petition for review. On January 25, 1977, the district court entered its order affirming the decision of the Board of Control. Basin has appealed only from that portion of the order which concerns the above-mentioned closed-basin return flows. The various water users associations have appealed from the district courts restriction of the issues reviewed below, and various determinations of the Board which they claim were not in conformity with the law or supported by substantial evidence.