In re Adjudication of the Existing Rights to the Use of All the Water

55 P.3d 396 (2002)

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In re Adjudication of the Existing Rights to the Use of All the Water

Montana Supreme Court
55 P.3d 396 (2002)

  • Written by Rose VanHofwegen, JD

Facts

The Montana Department of Fish, Wildlife and Parks (DFWP) (plaintiff) filed claims asserting it had appropriated water rights in the Missouri River for fish, wildlife, and recreation purposes before 1973. The water court questioned the validity of the rights and specifically noted that a Montana decision called Bean Lake did not recognize water-appropriation rights for those purposes before 1973 except through statutory procedures. The DFWP appealed.

Rule of Law

Issue

Holding and Reasoning (Leaphart, J.)

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