Rauser v. Toston Irrigation District

George Rauser and Phyllis Rauser, husband and wife, brought this action in the district court, Broadwater County, against the Toston Irrigation District and members of the Board of Commissioners of that District. The complaint alleged a portion of Rausers’ land was taken without compensation, and construction of the irrigation project with resultant seepage caused water to stand stagnant on approximately forty acres of plaintiffs’ land situated along Warm Spring Creek. It alleged this amounted to the taking of a flood easement.

Defendant’s motion to strike the individual board members as…