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MESSER v. STATE WATER COM'N

Civ. No. 10298.

332 N.W.2d 66 (1983)

Maynard MESSER, Carl Haugen, Charles Guman, Lloyd Menz, Marshal Menz, Chester Menz, Dan Wogsland, Richard Wogsland, Vernon Wogsland, Gilman Goplen, Carl Goplen, Robert Hanson and Josephine Hanson, Petitioners and Appellees, v. STATE WATER COMMISSION and Vernon Fahy, State Engineer, Respondents, and Barnes County Water Management District, Respondent and Appellant.

Supreme Court of North Dakota.

March 29, 1983.

Attorney(s) appearing for the Case

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, and Charles K. Dayton and Jonathan L. Eisenberg of Pepin, Dayton, Herman, Graham & Getts, Minneapolis, Minn., for petitioners and appellees; argued by Charles K. Dayton, Minneapolis, Minn.

Joseph J. Cichy, Asst. Atty. Gen., State Water Commission, Bismarck, for State Water Commission; no appearance.

Ohnstad, Twichell, Breitling, Arntson & Hagen, West Fargo, for appellant; argued by Duane R. Breitling, West Fargo.

PEDERSON, Justice.

This is an appeal by the State Water Commission, State Engineer, and Barnes County Water Resource District1 from a judgment of the district court which reversed the Water Resource District's decision establishing a drain and granting a permit to drain waters in northeast Barnes County. We affirm.

The drainage project is designed to "maintain agricultural production by providing surface drainage" of approximately...

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