Koch v. Whitten

Plaintiffs in error instituted this action in the District Court of Custer County against J. E. Whitten, State Engineer; F. C. Snyder, Division Engineer; Gayle Patterson, Water Commissioner; and Casper Lee Seybold, Water Commissioner, seeking to enjoin the said defendants from “demanding or taking” certain waters which were alleged in the complaint to originate as springs on the lands of the plaintiffs, and seeking an injunction against interference by defendants with plaintiffs’ use of these waters “on their lands.”

A temporary restraining order was issued, but was later dissolved. Defendants…