Wiege v. Knock

POSHEIM, Justice.

This is an appeal from a judgment determining the rights and duties of the parties concerning the water from a well located on private property. We affirm in part and reverse in part.

The third-party defendants, Herman W. Piebenga and Esther C. Piebenga, purchased a tract of land south of Rapid City. On part of this property they developed a commercial campground. The tract was platted. One lot, on which a well had been dug and equipped, was sold to the Pieben-gas’ son. In that deed, a perpetual water easement in the well was reserved to the grantors. This lot was subsequently…