WATER: While purpose at time of diversion was erosion control, application evinces intent to appropriate water channeled through Defendants’ property for beneficial uses (stock watering, fish/wildlife, recreation), pond evaporation loss also an appropriation, Defendants had [Read more…]
Water, instream flow change
WATER: Denial of instream flow change based on incomplete return flow analysis abuse of discretion, but DNRC still has discretion to determine historically diverted amount, “amount historically consumed,” or lesser amount, balancing fish [Read more…]
Water, failure to apprise of need to file exceptions
WATER: DNRC Proposal for Decision, Final Order failed to clearly inform applicant of need to file exceptions prior to judicial review… properly remanded for opportunity to file exceptions… Swandal affirmed (IOR I-3(d)(v)). [Read more…]