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MATTER OF APPLICATION NO. 5189-3

No. 17097.

467 N.W.2d 907 (1991)

In the Matter of APPLICATION NO. 5189-3 TO EXTEND TIME.

Supreme Court of South Dakota.

Decided March 27, 1991.

Rehearing Denied April 24, 1991.

Attorney(s) appearing for the Case

Harold H. Deering, Jr., Asst. Atty. Gen., Sioux Falls, Roger A. Tellinghuisen, Atty. Gen., Pierre, on the brief, for plaintiff and appellee Division of Water Rights.

Danny R. Smeins, Britton, for appellant.

Rory King, Siegel, Barnett & Schutz, Aberdeen, for appellee, Isabel Fryer.

WUEST, Justice.

Mr. Gerald Person appeals the judgment of the circuit court, affirming the decision of the Water Management Board to extend the time for construction of an irrigation works under Water Permit No. 4780-3. We affirm in part and reverse in part.

On June 8, 1981, Walter W. Johnson applied for a permit to appropriate water for the irrigation of farmland located in Marshall County, South Dakota. The farmland was owned by Vincent and Isabel Fryer...

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