Omernik v. State

The first complaint, as amended September 25, 1970, alleged two counts of violating the statute by the unlawful diversion of other than surplus water for agricultural or irrigation purposes from a stream known as Flume Creek in Portage county. On September 25, 1970, trial to jury commenced in the county court of Portage county. Conservation wardens testified to observing two ditches leading from Flume Creek to a freshly dug irrigation pit on land rented by the defendant that was adjacent to the creek. The wardens testified that they observed a tractor in operation pumping water from the pit and water running through the ditch from Flume Creek to the pit. One of the wardens testified that rocks in the stream bed, wet three inches above water level, indicated a recent rapid water draw down. A certificate of nonfiling was introduced to establish that the defendant had not obtained a permit from the state department of natural resources to pump water from the creek. The jury found the defendant guilty as charged. Post-verdict motions were denied on March 16, 1972, and a fine of $250 on each count was imposed. In an order dated January 15, 1973, the conviction was upheld on appeal to the circuit court.