State v. Thompson

• Decision Date: 03 April 1907
• Citation: 134 Iowa 25,111 N.W. 328
• Parties: STATE v. THOMPSON.
• Court: Iowa Supreme Court

134 Iowa 25

111 N.W. 328

STATE

v.THOMPSON.

Supreme Court of Iowa.

April 3, 1907.

Appeal from District Court, Hancock County; Clifford P. Smith, Judge.

Action in equity for an injunction decree. The opinion states the case. A decree as prayed for was granted, and the defendant appeals. Affirmed.Peterson & Knapp, for appellant.

C. W. Mullan, Atty. Gen., John Hammill, and John E. Wickman (H. W. Byers, Atty. Gen., on the brief), for the State.

BISHOP, J.

This action was brought on behalf of the state to enjoin the defendant from proceeding with the work of constructing a ditch designed to drain off the waters from West Twin Lake in Hancock county. As meandered by government survey, the lake embraces about 122 acres, and defendant owns all the adjoining lands lying to the east and west and south thereof. It is conceded that waters of the lake are gathered from the fall of rain and snow and by drainage from the surrounding lands; there is no inlet stream, nor at present any spring. It is the theory upon which the action is brought that the bed of said lake within the meander lines is the sole property of the state, and that to drain the same or decrease the depth of water therein by artificial means as designed and being attempted by defendant would be contrary to the rights of the state, and violative of its policy to preserve all lakes within its borders. It is not denied by defendant but that, on its admission to the Union, the state became the owner of all lands forming the bed of the inland lakes within its borders, which had been meandered by government survey and excluded from the public lands as was the lake in question. It is the contention of defendant that, as in the course of years, the lands in the vicinity have come into occupation and cultivation for farming purposes, the waters of the lake have gradually and imperceptibly receded from the original shore line until the lake bed has become practically dry; there being for the most part only pools of stagnant water remaining in the deeper depressions of the bed, and constituting a menace and danger to the public health, convenience, etc. And it is said that as the shore line has receded, plaintiff has taken possession of the bed lands, and has used the same for the purposes of hay and pasture lands, and that beginning about the year 1895 he has thus been in the occupation and use of the entire bed under fenced inclosure. From this, and pinning his faith to the doctrine of accretion and reliction, the claim is made that defendant, as riparian owner, became vested with exclusive...