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BAETH v. HOISVEEN

Civ. No. 8417.

157 N.W.2d 728 (1968)

Raymond H. BAETH and Ann C. Baeth, Plaintiffs, v. Milo W. HOISVEEN, as State Engineer for the State of North Dakota; and Governor William L. Guy, Richard P. Gallagher, Henry J. Steinberger, Gordon Gray, Arnie Dahl, Russell Dushinske, Harold R. Hanson, Constituting the State Water Commission, an Administrative Agency of the State of North Dakota, Defendants.

Supreme Court of North Dakota.

March 28, 1968.

Attorney(s) appearing for the Case

Thompson, Lundberg & Nodland, Bismarck, for plaintiffs.

Helgi Johanneson, Atty. Gen., and Clifford Jochim, Asst. Atty. Gen., Bismarck, for defendants.

PAULSON, Judge (on reassignment).

This matter comes to us pursuant to the provisions of Chapter 32-24 of the North Dakota Century Code, upon a question of law certified by the district court of Burleigh County, North Dakota. The action was originally brought under the Declaratory Judgments Act (Ch. 32-23, N.D.C.C.), asking that the plaintiffs' rights as owners of the land overlying underground water in a well-defined stream be adjudicated, and that Section 61-01-01...

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