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BELLE FOURCHE IRRIGATION DISTRICT v. SMILEY

No. 11099.

204 N.W.2d 105 (1973)

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

Supreme Court of South Dakota.

Rehearing Denied March 20, 1973.

Attorney(s) appearing for the Case

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

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

William J. Srstka, Jr., Sp. Atty. Gen., Gordon Mydland, Atty. Gen., Pierre, on the brief, for interveners.

HANSON, Justice.

This action was commenced in 1961 by the Belle Fourche Irrigation District to restrain defendant, R. A. Smiley, from diverting water from the Belle Fourche River for irrigation purposes. The State and the Water Resources Commission of the State were allowed to intervene and file a Complaint in Intervention. Following trial, the court entered findings of fact, conclusions of law and a judgment enjoining defendant from diverting waters of the Belle...

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