Vandehey v. Wheeler

In this declaratory judgment proceeding, which is equitable in nature, plaintiffs are three Washington County farmers who hold water permits entitling them to appropriate a set amount of water for irrigation. Defendants are the State Engineer and District Watermaster who issue such permits and regulate their use. Defendants have demanded that plaintiffs repair or reconstruct a dam in order to continue to appropriate water under their permits. Plaintiffs, arguing they have no obligation to do so, appeal from an adverse judgment in the circuit court.

In order to discuss the merits of this…