State ex rel. Office of the State Engineer v. Intrepid Potash, Inc.

Established a new standard for determining whether water rights have been abandoned. Under that framework, clear and convincing evidence of unreasonably long non-use of water rights establishes a presumption of abandonment that may be rebutted through evidence that excuses the nonuse or reveals actions inconsistent with an intent to abandon. Evidence of speculation alone is insufficient to rebut the presumption of abandonment