Nebraska Supreme Court June 21, 1968, 36828 (Whitaker v. GERING IRRIGATION DISTRICT)

McCown, J.

This is an action in equity to recover damages resulting from the backing-up of surface waters caused by the obstruction of a natural drainway, and for a mandatory injunction requiring the sole defendant, Gering Irrigation District, to restore the drainage to its natural state or, alternatively, to provide an adequate escape for surface waters flowing in the natural drainway.