The Brookings register. [volume] (Brookings, Brookings County, S.D.) 1903-1971, 1909-07-15
Sinai DitChing Case Finished
CONTINUED from first page.)

of a succession of dry seasons which
TAwould naturally dry up first, the
~ sloughs sought to be drained, or Lake
II Sinai?
According to the evidence the
sloughs would dry up first.
VU.-Will the water drained into
Lake Sinai by the proposed ditch
raise the water in the lake up to or
above the meander line?
In the opinion of the jury the water
that will be drained into Lake Sinai
by the proposed ditch will not raise
the water in the lake above the meand-
err line.
VHI.-Before the construction of the
ditch by the defendants between the
Van Pelt pond and Lake Sinai, did
water ever flow therefrom into Lake
Sinai?
Yes.
IX.-If you answer the above ques-
ton in the affirmative, then answer
the following question: In what year
or years, did the water flow from the
Van Pelt pond into Lake Sinai?
In the year 1881.
X.-Before the construction of the
above mentioned ditch, was the water
accustomed to flow from the Van Pelt
spond in Lake Sinai?
No. not since The wear 1881,
XI.-Before the construction of a
ditch between the Hoganson pond and
Skattum pond or slough, did the water
ever flow therefrom into the Skattum
pond or slough? If so, in what years
or year did it flow?
There is no evidence that water ever
flowed from the Hoganson pond into
the Skattum pond before the construc-
tin of a ditch.
XII.-Before the construction of the
ditch between the Hoganson pond and
Skattum pond or slough, was the water
accustomed to flow from the Hogan
son pond into the Skattum pond?
No.
XIII.-Did the water uniformly or
habitually flow from the Skattum pond
into the Van Pelt pond?
No.
XIV.-Did Lake Sinai usually and
generally go dry before the Hogan
son pond usually went dry?
No.
XV.-Did Lake Sinai usually go dry
before the Skattum pond did?
No.
XVI.-Did Lake Sinai usually go
dry before the Van Pelt pond did?
No.
XVII.-Since the year 1898, has all
2 the relicted land of plaintiff in Lake
Sinai lake-bed been dry enough for
grazing. haying, or cropping, and ii so
how many years?
Yes; three years.
XVIII.-Do the sloughs in question
or any of them become dry in years
when the rainfall is exceptionally
heavy, that is years which can neither
be called wet or dry years? If so,
state what sloughs.
1t is the opinion of the jury that
for a period of successive years OF
ordinary rainfall the greater portion
of the ponds in question would be dry
enough for cultivation.
XIX.-Considering years, which are
generally called wet or dry, as ordin-
airy years, can the sloughs in question
or any of them or any part of them
be used successfully for raising crops
of grain? If so, state what sloughs
or part or parts.
The evidence shows that from the
year 1889 to the year 1907, all or a
part of these ponds have been used
successfully for the raising of crops
of grain.
XX.-If the sloughs in question be-
came dry during dry periods before
the lake does, how long before, and
if the sloughs be drained into the
lake would that delay the drying up
of the lake, and if so would that de-
. prive the plaintiff of an opportunity
to raise crops in the lake bed in one
or more seasons?
According to the evidence the
sloughs in question dry up from three
to five years before the lake. In the
opinion of the jury if the sloughs be
drained into the lake the volume OF
water in the sloughs at the present
time would delay the drying up of the
lake for about one year but in subse-
WHAT WOULD YOU TAKE?