MATTER OF DETERMINATION OF OHWM

Nos. 17088, 17125.

466 N.W.2d 163 (1991)

In the Matter of the DETERMINATION OF THE ORDINARY HIGH WATER MARK AND THE OUTLET ELEVATION FOR BEAVER LAKE.

Supreme Court of South Dakota.

Decided February 20, 1991.


Attorney(s) appearing for the Case

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

David R. Gienapp, Arneson, Issenhuth & Gienapp, Madison, for appellant Steve Becker.

Gary L. Richter, Asst. Atty. Gen., Pierre, for appellee South Dakota Dept. of Game, Fish & Parks.


HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

A Petition was filed on April 16, 1987, by the Town of Humboldt and others, requesting that the Water Management Board (WMB) clarify Water Right No. 865-3 held by the Department of Game, Fish & Parks (GFP). The Petition also requested that an outlet elevation and ordinary high water mark (OHWM) be established for Beaver Lake.

After a hearing on this matter WMB issued a decision on March 22, 1989,...

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