North Dakota State Engineer v. Schirado

MESCHKE, Justice.

We consider the statutory authority of the North Dakota State Engineer to regulate the size and safety of a dam. We affirm a summary judgment that the recon structed dam is capable of retaining more than 12½ acre-feet of water and is unsafe, and thus is subject to the regulatory authority of the State Engineer. Because it has not been shown that removal of the dam is required, we vacate the judgment which ordered removal. We remand for formulation of a proper judgment to enforce the State Engineer’s statutory authority.

On December 22, 1982, the State Engineer sued Schirado…