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JEWETT v. REDWATER IRRIGATING ASSOCIATION

Nos. 11234, 11235.

220 N.W.2d 834 (1974)

O. A. JEWETT et al., Plaintiffs and Appellants, v. REDWATER IRRIGATING ASSOCIATION, a corporation, and Ed Herber as a representative party on behalf of all stockholders-water users under the irrigation facilities of Redwater Irrigating Association, a corporation, Defendants and Respondents, and The State Water Resources Commission of the State of South Dakota and the State of South Dakota, Defendants and Appellants.

Supreme Court of South Dakota.

August 7, 1974.

Attorney(s) appearing for the Case

Wm. E. Anderson, Belle Fourche, for plaintiffs and appellants.

Joseph M. Butler of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendants and respondents.

William J. Srstka, Jr., Sp. Asst. Atty. Gen., Pierre, for defendants and appellants.

DUNN, Justice.

This lawsuit arose out of a demand made by the plaintiffs-appellants for delivery at a reasonable delivery rate of 165 miner's inches of irrigation water which plaintiffs claim was due under a claimed water right appurtenant to plaintiffs' land. The Redwater Irrigating Association, defendants-respondents, refused to deliver any such water at any delivery rate and denied existence of any water right as claimed by the plaintiffs. The plaintiffs commenced...

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