HIGGINSON v. WESTERGARD

No. 12771.

604 P.2d 51 (1979)

100 Idaho 687

R. Keith HIGGINSON, Director, Idaho Department of Water Resources, Plaintiff-Appellant, v. Golden C. WESTERGARD, Defendant-Respondent.

Supreme Court of Idaho.

November 27, 1979.


Attorney(s) appearing for the Case

David H. Leroy, Atty. Gen., Josephine P. Beeman, Deputy Atty. Gen., Boise, for plaintiff-appellant.

Dwight E. Baker of Furchner, Martsch & Baker, Blackfoot, for defendant-respondent.


DONALDSON, Chief Justice.

R. Keith Higginson, Director of the Idaho Department of Water Resources (department), originally brought this action in the district court in March, 1976 to compel defendant Golden C. Westergard to remove a gravel dike allegedly interfering with the flow of the Salmon River adjacent to property owned by Westergard in Custer County. The department appeals a district court judgment in Westergard's favor.

On or about March 27, 1975,...

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