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IN RE WATER RIGHT CLAIM NO. 1927-2

No. 18708.

524 N.W.2d 855 (1994)

In re WATER RIGHT CLAIM NO. 1927-2; Water Permit Application No. 1921-2; and Water Permit Application No. 2192-2. Wendell DeKAY, Charles Emley, Brett Heath, Raymond Kocer, and Lawrence Kocer, Petitioners and Appellants, v. UNITED STATES FISH AND WILDLIFE SERVICE, Applicant and Appellee, and Water Rights Division, State of South Dakota, Appellee.

Supreme Court of South Dakota.

Decided December 7, 1994.

Rehearing Denied January 6, 1995.

Attorney(s) appearing for the Case

Jane M. Farrell and Patrick M. Ginsbach of Farrell, Farrell and Ginsbach, Hot Springs, for appellants.

Mikal G. Hanson, Asst. U.S. Atty., Pierre, and John R. Kunz, U.S. Dept. of Interior, Office of the Solicitor, U.S., Denver, CO, for applicant and appellee.

Mark Barnett, Atty. Gen., Diane Best, Asst. Atty. Gen., Pierre, for appellee, State.

SABERS, Justice.

Landowners appeal circuit court's decision affirming Water Board's grant of water use permits to United States Fish and Wildlife Service in LaCreek National Wildlife Refuge. We affirm.

FACTS

The United States Fish and Wildlife Service (FWS) owns and operates the LaCreek National Wildlife Refuge (Refuge) in Bennett County, South Dakota. The Refuge was established by Presidential Order in 1935. In September of 1971, FWS purchased 6...

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