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NORTH DAKOTA STATE ENGINEER v. SCHIRADO

Civ. No. 10931.

373 N.W.2d 904 (1985)

NORTH DAKOTA STATE ENGINEER, Plaintiff and Appellee, v. Lester J. SCHIRADO, Defendant and Appellant.

Supreme Court of North Dakota.

September 4, 1985.

Attorney(s) appearing for the Case

Joseph J. Cichy and Rosellen M. Sand, Asst. Attys. Gen., State Water Commission, Bismarck, for plaintiff and appellee; argued by Joseph J. Cichy, Bismarck, appearance by Rosellen M. Sand, Bismarck.

Vinje Law Firm, Bismarck, for defendant and appellant; argued by Richard G. Carver, Bismarck.

MESCHKE, Justice.

We consider the statutory authority of the North Dakota State Engineer to regulate the size and safety of a dam. We affirm a summary judgment that the reconstructed dam is capable of retaining more than 12½ acre-feet of water and is unsafe, and thus is subject to the regulatory authority of the State Engineer. Because it has not been shown that removal of the dam is required, we vacate the judgment...

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