Buchholz v. Barnes County Water Board

MARING, Justice.

[¶ 1] Milo Buchholz appealed from district court orders dismissing his actions against the Barnes County Water Board, H. Myron Nelson, Mary Nelson, and James Hendrickson for damages for failing to maintain a downstream watercourse. We affirm, concluding the district court did not err in granting summary judgment dismissing Buchholz’s actions.

I

[¶ 2] Buchholz farms land in Barnes County. Buchholz’s land is bordered on the south by land owned by the Nelsons, and a slough straddles part of the property line. The land in that area is virtually flat, and the slough drains via a…