FRASER v. WATER RIGHTS COMMISSION, ETC.

No. 13026.

294 N.W.2d 784 (1980)

Dale FRASER, Lawrence Larson, Wilber Mathis, Lawrence Meoska, Clyde Olson, Marx Stange, and William Rake, Appellees, v. WATER RIGHTS COMMISSION OF the DEPARTMENT OF NATURAL RESOURCE DEVELOPMENT, an Agency of the State of South Dakota, and Dennis C. Decker, Marian B. Gunderson, Wendell H. Hanson, Raymond D. Rylance, and Merwyn H. Walter, as members of such Commission, Appellants, and Carl Estabrook, Intervenor.

Supreme Court of South Dakota.

Decided July 9, 1980.


Attorney(s) appearing for the Case

Tom D. Tobin, Tobin Law Office, Winner, for appellees; Joseph E. Ellingson of Tobin Law Office, Winner, on brief.

Roxanne Giedd, Asst. Atty. Gen., Pierre, for appellants; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.


DUNN, Justice.

This action involves the circuit court's reversal of the Water Rights Commission granting water right permit No. 4405-3 to Carl Estabrook. We affirm.

For the purpose of clarity, the Water Rights Commission shall be designated "Commission"; the staff of the Commission (the Division of Water Rights of the Department of Natural Resources) shall be designated "Division"; and the State Conservation Commission shall be designated "Conservation Commission...

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