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BLACK HILLS POWER & LIGHT COMPANY v. SCHUFT

No. 10821.

193 N.W.2d 429 (1972)

BLACK HILLS POWER & LIGHT COMPANY, Plaintiff and Respondent, v. John Max SCHUFT, a/k/a Max Schuft, et al., Defendants and Appellants.

Supreme Court of South Dakota.

January 6, 1972.

Attorney(s) appearing for the Case

Hanley, Wallahan, Driscoll & Murray, H. R. Hanley, Rapid City, David E. Morrill, Sturgis, for plaintiff and respondent.

Stephens & Brandenburg, R. E. Brandenburg, Belle Fourche, for defendants and appellants.

JONES, Circuit Judge.

The plaintiff herein seeks a declaratory judgment pursuant to SDCL 21-24 to determine the rights and obligations of the parties hereto.

The factual background of the case is as follows. Commencing in the spring of 1878 and continuing until 1903, one David M. Dorsett farmed in Lawrence and Butte Counties, and irrigated his farm with water from the Redwater River which forms the boundary between Lawrence and Butte Counties and meanders...

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