In re the Determination of the Ordinary High Water Mark & the Outlet Elevation for Beaver Lake
South Dakota Supreme Court
1Opinion of the Court
HENDERSON, Justice.
PROCEDURAL HISTORY/ISSUES
A Petition was filed on April 16, 1987, by the Town of Humboldt and others, requesting that the Water Management Board (WMB) clarify Water Right No. 865-3 held by the Department of Game, Fish & Parks (GFP). The Petition also requested that an outlet elevation and ordinary high water mark (OHWM) be established for Beaver Lake.
After a hearing on this matter WMB issued a decision on March 22,1989, setting the OHWM at 1651.6 mean sea level (msl) and the outlet elevation at 1651.7 msl. WMB also determined that the slough north of the boundary of Beaver…
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