Idaho Supreme Court November 27, 1979, 12771 (Higginson v. Westergard)

DONALDSON, Chief Justice.

R. Keith Higginson, Director of the Idaho Department of Water Resources (department), originally brought this action in the district court in March, 1976 to compel defendant Golden C. Westergard to remove a gravel dike allegedly interfering with the flow of the Salmon River adjacent to property owned by Westergard in Custer County.