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N.D. STATE WATER COM'N v. BD. OF MANAGERS

Civ. No. 10252.

332 N.W.2d 254 (1983)

NORTH DAKOTA STATE WATER COMMISSION and North Dakota State Engineer, Plaintiffs and Appellants v. BOARD OF MANAGERS, Cavalier County Water Resource District, and Willard Crockett, Defendants and Appellees.

Supreme Court of North Dakota.

April 12, 1983.

Attorney(s) appearing for the Case

Michael Dwyer, Sp. Asst. Atty. Gen., and Joseph J. Cichy, Asst. Atty. Gen., North Dakota State Water Com'n, Bismarck, for appellants; argued by Michael Dwyer, Bismarck.

Price & LaQua, Langdon, for appellees Bd. of Managers and Cavalier County Water Resource Dist.; argued by Robert Q. Price, Langdon.

Alan Grindberg, Steele, for appellee Willard Crockett; argued by Alan Grindberg, Steele.

PEDERSON, Justice.

This is an appeal from a judgment of the district court of Cavalier County dismissing an action brought by the State Water Commission and the State Engineer to control the drainage of water from Rush Lake, a meandered lake located in Cavalier County.1 The judgment is affirmed. Rights, status, and legal relationships are declared.

Rush Lake is a shallow lake and the land surrounding it is relatively flat. The...

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