Tunison v. Harper

HUNSTEIN, Chief Justice.

This is an appeal from the denial of injunctive relief sought by appellants, D.C. Tunison, Mary Tunison and Arlene Tunison, to protect their riparian rights to a 20-acre woods pond1 situated on their property and that of adjacent property owner, appellee Terry Harper. This petition was filed after appellee, a farmer who uses the pond to irrigate crops on his property, increased the amount of land he irrigates from about five acres to 40-45 acres. Appellants asserted that appellee’s action lowers the water table, killing the fish and preventing their aesthetic enjoyment…