Whitt v. Hat Bar Cattle Co.
This proceeding was the third and final phase of the general adjudication of water rights in the Big Horn River. The State recommended adjudicating water rights for fifty-two acres of land owned by Hat Bar Cattle Company. Neighboring landowner Betty Whitt objected to the recommendation. After a contested case hearing, the Special Master recommended adjudicating the right to irrigate the fifty-two acres at issue. The district court adopted the Special Master’s report and recommendation and adjudicated Hat Bar’s rights. Whitt appealed. The Supreme Court affirmed, holding that the Special Master correctly applied the burden of proof and that the finding regarding beneficial use of the water were not clearly erroneous. View "Whitt v. Hat Bar Cattle Co." on Justia Law