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PETRUS v. ARKANSAS IRRIGATION COMPANY

No. 73-60.

499 S.W.2d 60 (1973)

Philip PETRUS et al., Appellants, v. ARKANSAS IRRIGATION COMPANY, Appellee.

Supreme Court of Arkansas.

September 24, 1973.

Attorney(s) appearing for the Case

Macom, Moorhead & Green, Stuttgart, Chas. A. Walls, Jr., Lonoke, for appellants.

John D. Thweatt, DeValls Bluff, James M. Thweatt, Hazen, for appellee.

GEORGE ROSE SMITH, Justice.

For some 30 years the plaintiff-appellee, Arkansas Irrigation Company, has maintained a 6,000-acre reservoir in Prairie county, known as Peckerwood Lake. The company uses water from the reservoir in its own farming operations and sells water to neighboring rice farmers. The company does not own the entire bed of the lake in fee simple, but it does have flowage rights upon lands lying below 207 feet mean sea level.

The appellants...

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