The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1914-04-09
Brule County Wins
Suit Over Red
Lake.
MAY SINK WELLS
Land Left By Receding o
Water Not Property of
Adjoining Land Owners.

Chamberlain, S. D.-Judge Frank
g. Smith of the Fourth Judicial
Circuit of South Dakota, yesterday
filed in the office of the clerk of the
circuit court for this (Brule) county
a decision in case which has created
considerable interest throughout the
state. The decision bears upon the
ownership and control of areas with
in the meander lines of lagos in South
Dakota, which at the time of the
government survey We're full of
water, but have since gone dry, or
nearly so, and the land thus relict-
ed is OF more or less value for hay
and pasture
The decision is the result of Il
case tried in the circuit court of
Bryce county at the June, 1913 term,
and Judge Smith has just handed
down his decision in the matter
Red Lake is a large lakebed in
this county and comprises 3,7O0
acres. 1t was officially meandered
by the U. S. government in 1868, but
since the country around it has be-
conie settled up it is, except in eN-
trelnely wet seasons, practically dry
AZ the last general election in this
county proposition to appropriate
$40. 600 OF county funds for the
purpose OF sinking artesian wells on
the banks of the lake carried by
majority of votes. The county COM
missioners proceeded to make CON
tracts for sinking the wells to fill
the lake with water to its normal
stage. Owners of land abutting the
ISf0, however, oDtained an injuuc-
ton restraining further proceeding
They claimed title to the land within
the lake as an accretion to their land
by right of reelection, and the county
commissions. county auditor and
Safe OF South Dakota We're made de-
PENDANTS in the action. Though
nearly a year has elapsed since the
case was heard Judge Smith has
just reached a decision, which will
affect many other counties in the
S, ate in whioh lie smaller meanGered
lakes. now practically dry.
hdjoining Land Has No Claim.
Judge Smith s decision embraces:
THAT the title of all relicted lands
within the meandered lines of said
Red Lake districts is in the State of
South Dakota, subject to disposal by
proper legislation. That the ex-
penditure OF money in sinking and
constructing said proposed artesian
we'll is lawful and within the power
and authority of said county commits
sioners. That plaintiffs by virtue of
ownership of surrounding and border
ing lands, are not the owners OF and
1n tn n
by reelection of water to the center
OF the lake beyond the original me.
ander line of said lake" The TEN.
porary injunction was set aside and
the costs assessed to the land owners
who brought the action
The decision is in accordance with
the views of States Attorney Clark
S. Rowe and Asst Attorney General
O'Brien, though majority of the
lawyers of this resion were of the
opinion that the accretion rights of
abutting land owners were para
mount. The case will not be ap-
pealed.
Under New State Law.
Kimball, S. D.-A communication
from States Attorney Rowe, advises
that this county of Bru1e has won
out in the injunction case caused by
some property owners adjacent tc
Red Lake. against the County Com.
missioners. About two years ago g
majority vote was case AUTHORIZING
the commissioners to spend $4,000
or thereabouts to put down mum
Der of artesian wells in old Rec
Lake and make it fish and game
resort for the public to enjoy gener
ally The vote was taken according
TO law passed at the last Legislature
which was drawn by States Attorne,
Rowe. and when the commissioner
started to carry out the law tn,
above injunction was served causin,
the delay in the whole proceedings tt
the present time.
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