BELLE FOURCHE IRRIGATION DISTRICT v. SMILEY

No. 10574.

176 N.W.2d 239 (1970)

BELLE FOURCHE IRRIGATION DISTRICT, a Corporation, Plaintiff and Respondent, and State of South Dakota and Water Resources Commission of the State of South Dakota, Interveners and Respondents, v. R. A. SMILEY, Defendant and Appellant.

Supreme Court of South Dakota.

April 7, 1970.


Attorney(s) appearing for the Case

Kellar & Kellar & Driscoll, Lead, Smiley & Anderson, Belle Fourche, for defendant and appellant.

Gordon Mydland, Atty. Gen., Pierre, for interveners and respondents.

Stephens & Brandenburg, Belle Fourche, for plaintiff and respondent.


ROBERTS, Presiding Judge.

This action was brought by plaintiff Belle Fourche Irrigation District against defendant R. A. Smiley to enjoin him from interfering with the rights of the plaintiff in the waters of the Belle Fourche River and from diverting for irrigation waters impounded by the Keyhole Dam in Crook County, Wyoming, and released by the Bureau of Reclamation through the channel of the Belle Fourche River for the use of the plaintiff. The State of South Dakota...

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