Arkansas State Game & Fish Commission v. Kizer

This is the second appeal in a suit brought by the appellee landowners to compel the White Biver Drainage District to maintain the surface level of Old Town Lake at an elevation of 159 feet above sea level. By intervention the Game and Fish Commission and the appellant landowners contended that the lake should be maintained at a level of 169 feet to protect the fish in its waters. After hearing the testimony of many witnesses and after considering a report submitted by a board of three civil engineers appointed by the court, the chancellor originally entered a decree fixing the water level at…