Mohr v. State

Summary

The Wyoming Supreme Court affirmed the elimination of Tract 109 from the Farmers Canal Permit in the Big Horn River general water-rights adjudication. The court held that the prior landowner waived any right under the Farmers Canal Permit by seeking and perfecting a water right under the Perkins Ditch Enlargement, and that the current owner was bound by that waiver. The court also rejected the owner's procedural challenges because he failed to present cogent argument, pertinent authority, or demonstrated prejudice.

Holdings

1. Mohr was bound by Johnson's waiver of any right to water under Farmers Canal Permit 854 and by the 1922 certificate of appropriation for the Perkins Ditch Enlargement. Johnson's affidavit and subsequent conduct intentionally relinquished the Farmers Canal right, and Tract 109 was properly eliminated from Permit 854.
2. The court affirmed the district court's procedural rulings because Mohr presented no cogent argument or pertinent authority establishing violations of the Wyoming Rules of Civil Procedure and did not explain how the alleged errors harmed his substantial rights.

Questions Presented

1. Whether Mohr was bound by his predecessor-in-interest's acts and the prior adjudication of water rights to Tract 109.
2. Whether the district court gave Mohr a fair opportunity to present his case under the Wyoming Rules of Civil Procedure.

Disposition

affirmed