Lake De Smet Reservoir Company v. Kaufmann

OPINION

Parker, Justice.

This is a case dealing with “Surplus Water,” which words, although not hereafter specially indicated, will be taken to mean:

The water impounded by a reservoir owner, over and above that necessarily used for irrigation or other beneficial purposes in connection with his own lands. See §§ 71-616 and 71-701, W.C.S. 1945. [The definition in § 71-217, W.C.S., 1945, is inapplicable in this case.]

The instant action was brought by Lake DeSmet Reservoir Company, plaintiff, to enforce payment for surplus water furnished to defendant Alex Kaufmann, a Johnson County rancher. For…