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MATTER OF STONE CREEK CHANNEL IMPROVEMENTS

Civ. No. 870247.

424 N.W.2d 894 (1988)

In the Matter of The Application for PERMITS TO DRAIN RELATED TO STONE CREEK CHANNEL IMPROVEMENTS AND WHITE SPUR DRAIN. BOTTINEAU COUNTY WATER RESOURCE DISTRICT and State Engineer, Appellants, v. NORTH DAKOTA WILDLIFE SOCIETY, Appellee.

Supreme Court of North Dakota.

May 16, 1988.

Attorney(s) appearing for the Case

Zuger, Bolinske & Smith, Bismarck, for appellant Bottineau County Water Resource Dist.; argued by Murray G. Sagaveen, Bismarck.

Rosellen M. Sand (argued), Water Com'n, Bismarck, for appellant State Engineer.

Wheeler, Wolf, Peterson, Schmitz, McDonald & Johnson, Bismarck, for appellee; argued by Joseph J. Cichy, Bismarck.

MESCHKE, Justice.

The Board of Managers of the Bottineau County Water Resource District and the North Dakota State Engineer appealed from a district court judgment reversing the State Engineer's decision which approved the Board's application for the White Spur Drain. We reverse the judgment of the district court and affirm the decision of the State Engineer.

In October 1979 the Board submitted two drainage applications to the State Engineer for improvements...

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