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RUTTEN v. STATE

No. 7786.

93 N.W.2d 796 (1958)

Raymond RUTTEN, Plaintiff and Respondent, v. STATE of North Dakota, the Garrison Diversion Conservancy District and State Water Conservation Commission, Defendants and Appellants.

Supreme Court of North Dakota.

December 31, 1958.

Attorney(s) appearing for the Case

Duffy & Haugland, Devils Lake, for plaintiff and respondent.

Leslie R. Burgum, Atty. Gen., Roy A. Holand, La Moure, and I. A. Acker, Bismarck, for defendants and appellants.

HARRY E. RITTGERS, District Judge.

Plaintiff for his cause of action alleges that he is the owner of various tracts of land in Secs. 2, 3, and 4, in Twp. 152, N. of R. 63 W., and part of Sec. 34, Twp. 153, R. 63 W., which lands abut on the shore of Devils Lake. That said Lake has gradually receded leaving a large dry area adjacent to said described lands, title to which has accrued to the plaintiff as riparian owner. That the defendants are threatening to divert water...

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