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ROMEY v. LANDERS

No. 14991.

392 N.W.2d 415 (1986)

Oliver M. ROMEY, Petitioner and Appellee, and Water Rights Division, State of South Dakota, Intervenor and Appellee, v. Tom LANDERS and A & T Cattle Company, Respondents and Appellants.

Supreme Court of South Dakota.

Decided August 7, 1986.

Rehearing Denied September 15, 1986.

Attorney(s) appearing for the Case

Jane M. Farrell, Patrick M. Ginsbach, on brief, of Farrell, Farrell & Ginsbach, Hot Springs, for petitioner and appellee.

Daniel J. Doyle, Asst. Atty. Gen., Mark V. Meierhenry, on brief, Atty. Gen., Pierre, for intervenor and appellee.

Thomas W. Stanton, of Costello, Porter, Hill, Nelson, Heisterkamp & Bushnell, Rapid City, for respondents and appellants.

Joseph M. Butler, Michael M. Hickey, on brief, of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for amicus curiae, South Dakota Stockgrowers Ass'n and South Dakota Farm Bureau Federation.

HENDERSON, Justice.

ACTION

This is an appeal from a circuit court Judgment which affirmed a decision of the South Dakota Water Management Board (Board) requiring Tom Landers and A & T Cattle Company (Landers) to remove 35 earthen dams constructed on Black Banks Creek. We affirm.

FACTS

Black Banks Creek is located in Fall River County, South Dakota. It lies southwest of Oelrichs, South Dakota, and it flows into Horsehead Creek near U...

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