Twin Creeks Farm & Ranch v. Petrolia Irrigation DistrictAnnotate this Case
The Supreme Court affirmed in part and reversed in part the findings of the Water Court in adjudicating two of Twin Creeks's water rights claims, holding that the Water court did not err in finding that Twin Creeks abandoned one claim by nonuse but misapprehended the effect of testimony regarding the second claim's historical use.
Five Twin Creeks claims were at issue before the Water Court. After a hearing, the Water Court issued a closing order ordering changes to four of the claims and removing the issue remarks. At issue on appeal were the statements of claim 40B109102-00 (the 102 claim) and 40B109104-00 (the 104 claim). The Supreme Court held (1) the Water Court did not err in finding that the 102 claim was abandoned by nonuse because the intent to abandon occurred concurrently with the nonuse; and (2) the Water Court erred finding that Petrolia Irrigation District did not overcome the presumption that the 104 claim was correct as filed.