Haith v. Atchison County

LOWENSTEIN, Judge.

This appeal concerns a dispute between two adjoining landowners over control of water flowing over their agricultural land. Both sides asked for injunctive and monetary relief in this case tried to the court. Atchison County has not appealed nor did they file a respondent’s brief. In order to make any sense of this controversy, a rough map is attached — the reader is directed particularly to the: 1) conservation ditch, 2) willow filled ditch, 3) southwest ditch, 4) the berms along the southwest portions of the McEnaney property, and 5) the dam on Deadman’s Creek.

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