Justia Wyoming Supreme Court Opinion SummariesArticles Posted in Environmental Law
Rageth v. Sidon Irrigation Dist.
The Rageths filed suit against the Sidon Irrigation District seeking a declaration of their conveyance rights in the Sidon Canal, reimbursement of water delivery fees paid to the District for past irrigation seasons, and the establishment of a reasonable annual water delivery fee in future years. The parties executed a stipulation that the Rageths have a perpetual right, as defined by their adjudicated water rights, to divert water from the District's diversion structure and convey such water through the Sidon Canal to their property, subject to an annual payment to the District. The district court granted summary judgment in favor of the District on the Rageths' remaining claims. At issue on appeal was, in the absence of an agreement, what water delivery fee may an irrigation district charge a non-member who has a perpetual right to convey that non-member's adjudicated appropriation to that non-member's land outside the irrigation district's boundaries using the irrigation district's canal and related facilities. The Supreme Court reversed the district court, finding that genuine issues of material fact existed and holding that the Rageths' proportionate share of the requisite expenses must be based on an equitable apportionment determined after consideration of the various relevant factors. Remanded. View "Rageth v. Sidon Irrigation Dist." on Justia Law