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BARNAUD v. BELLE FOURCHE IRR. DIST.

No. 20909.

609 N.W.2d 779 (2000)

2000 SD 57

Laurie BARNAUD and Bernard Barnaud, Plaintiffs and Appellants, v. BELLE FOURCHE IRRIGATION DISTRICT, Randy Oliver, Individually and as Manager of the Belle Fourche Irrigation District, and Gary Brunner, Darrel Cox, Steve Gatzke, Harlan Aplo, Art Persche, Robert Ruff, and Walter Stumpf, Individually and as the Board of Directors of the Belle Fourche Irrigation District, Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 3, 2000.

Attorney(s) appearing for the Case

Dorothy A. Dygas, Belle Fourche, Attorney for plaintiffs and appellants.

Paul S. Swedlund, Marty J. Jackley and G. Verne Goodsell of Gunderson, Palmer, Goodsell & Nelson, Rapid City, Attorneys for defendants and appellees.

AMUNDSON, Justice.

[¶ 1.] Laurie and Bernard Barnaud (Barnauds) appeal the granting of summary judgment in favor of Belle Fourche Irrigation District (District) and the denial by the trial court of Barnauds' motion to vacate the judgment. We affirm.

FACTS

[¶ 2.] The Canal Act of 1890 (Canal Act), 26 Stat. 391, 43 USC § 945, expressly reserved to the federal government an easement of right-of-way across all lands west of the 100th meridian...

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