Judge dismisses case against DNR over surface water closings
By Russ Pankonin
In a ruling released last week, Hitchcock County District Judge James E. Boyle, IV, dismissed a lawsuit filed by surface water irrigators claiming damage by the state from water closings in 2013, 2014, 2015.
The Cappel family filed suit against the Department of Natural Resources (DNR) and director Jeff Fassett.
They claimed DNR unlawfully took their water and violated their rights by making surface water users bear the entire burden of complying with the compact.
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