Peterson v. Sando

VANDE WALLE, Chief Justice.

[¶ 1] Alvin Peterson appealed and the State Engineer, Todd Sando, cross-appeal*175ed from a district court judgment affirming in part and reversing in part a State Engineer order determining there was an unauthorized dam on Peterson’s property in Walsh County and requiring Peterson to construct a drainage ditch to maintain water impounded by the dam at a level of 1543.5 feet mean sea level. The primary issue in this case involves the determination of the natural elevation of land at the site of the dam for purposes of deciding if the land impounded sufficient water to…