South Dakota Wildlife Federation v. Water Management Board

HENDERSON, Justice.

ACTION

This is an appeal from a circuit court judgment which reversed a decision of the South Dakota Water Management Board. The Water Management Board’s decision established the ordinary high water mark for Waubay Lake at the elevation of 1,787.0 feet mean sea level. The circuit court’s judgment reversed this decision and established the Waubay Lake ordinary high water mark at the elevation of 1,799.3 feet mean sea level. We reverse the circuit court’s judgment and hereby reinstate the Board’s decision. We also reverse an award of costs and affirm a denial of attorney fees.

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