REETZ v. BAUKOL

No. 12719.

287 N.W.2d 108 (1980)

Lyle REETZ, Donald C. Reetz, and H. Richard Reetz, Plaintiffs and Appellees, v. Harmon P. BAUKOL, Warren Sewell, Bessie M. Fleischaker, and Betty J. Schlamann, Defendants and Appellants.

Supreme Court of South Dakota.

Decided January 16, 1980.


Attorney(s) appearing for the Case

James R. Delaney, of Holland, Delaney & Vander Linden, Webster, for plaintiffs and appellees.

Max A. Gors, Pierre, for defendants and appellants.

John J. Smith, Asst. Atty. Gen., Pierre, for amicus curiae; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.


MORGAN, Justice.

The dispute in this injunctive proceeding arises over the proper interpretation of SDCL 46-4-1 relating to "dry draw" water rights. Appellants were the upper proprietors who constructed a dike to impede the flow of natural drainage of water down to appellees' lower premises. The trial court concluded that appellants violated the statute and granted the injunction. This appeal followed. We reverse.

The fact that the watercourse in question...

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