In Re: The General Adjudication of All Rights to Use Water in the Big Horn River System and All Other Sources, State of Wyoming<br /><br />Frank E. Mohr v. State, 2015 WY 104

Big Horn adjudication Phase III addresses unadjudicated rights under Farmers Canal Permit 854 for Tract 109 (Mohr).
Levi Johnson’s 1916 affidavit relinquished Farmers Canal rights to Tract 109 in connection with Perkins Ditch Enlargement; no final cancellation occurred.
Perkins Ditch Enlargement perfected for Tract 109 in 1922 with a certificate of appropriation; water supplied since 1922.
Tract 109 has been historically served by Perkins Ditch Enlargement, conveyed via Farmers Canal, but no Farmers Canal water was ever adjudicated for Tract 109.
Special Master and district court held Johnson’s relinquishment valid and binding on Mohr; elimination of Tract 109 from Farmers Canal Permit was proper.
Mohr appealed challenging predecessor actions and several procedural rulings; Supreme Court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Mohr is bound by predecessor’s acts and prior adjudication.	Mohr argues not bound; predecessor’s relinquishment ineffective.	State asserts prior relinquishment bound Mohr; final adjudication controls.	Mohr bound; relinquishment valid; precedents control.
Whether Mohr had a fair opportunity to present his case under Wyoming Rules.	Mohr lacked proper procedures and hearings.	Procedural rules followed; Mohr's due process satisfied.	District court proceedings and procedures affirmed; no reversible error.

In re General Adjudication of All Rights to Use Water in the Big Horn River System, 753 P.2d 76 (Wyo. 1988), 753 P.2d 76 (Wyo. 1988) (establishes framework for finality and estoppel in adjudications)
Big Horn II, In re General Adjudication of All Right to Use Water in Big Horn River System, 803 P.2d 61 (Wyo. 1990), 803 P.2d 61 (Wyo. 1990) (context for Phase III procedures)
Big Horn VII, In re General Adjudication of All Rights to Use Water in Big Horn River System, 2004 WY 21, 85 P.3d 981, 85 P.3d 981 (Wyo. 2004) (limits on perfected rights and proper abandonment/waiver considerations)
Green River Dev. Co. v. FMC Corp., 660 P.2d 339 (Wyo. 1983), 660 P.2d 339 (Wyo. 1983) (defines inchoate and finality of certificates of appropriation)
Jensen v. Fremont Motors Cody, Inc., 2002 WY 173, 58 P.3d 322, 58 P.3d 322 (Wyo. 2002) (waiver elements: existing right, knowledge, intent to relinquish)
Campbell v. Wyo. Dev. Co., 55 Wyo. 347, 100 P.2d 124 (1940), 100 P.2d 124 (Wyo. 1940) (party bound by predecessor actions)