P a surface water appropriator, sued D for conversion, injunction, or trespass. P was using on Pumpkin Creek surface water to irrigate crops and feed livestock. D owns real property in the Pumpkin Creek basin and has irrigation wells within the boundaries of the basin. P claimed that D pumped groundwater from the creek thereby depriving P of his appropriations in that the water supply was depleted. P alleged that the groundwater irrigation wells are hydrologically connected to Pumpkin Creek. The court dismissed P’s claim for lack of subject matter jurisdiction and failure to state a claim. P appealed.

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