State ex rel. Crowley v. District Court

108 Mont. 89, 88 P.2d 23 (1939)

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State ex rel. Crowley v. District Court

Montana Supreme Court
108 Mont. 89, 88 P.2d 23 (1939)

Facts

John Crowley (plaintiff) created a diversion point on the Madison River to appropriate water for irrigation of his land. The diversion point was reasonably adequate and efficient for its intended purpose when Crowley created the diversion. In the mid-1930s, Montana Power Company (MPC) (defendant) used dams to impound water for its operations, which, at various times, completely changed the natural flow of water in the river to the extent that Crowley’s diversion point was no longer operative. Crowley sued MPC based on its interference with Crowley’s senior appropriative water rights. MPC filed a demurrer, seeking to dismiss Crowley’s claims, asserting that MPC allowed sufficient water flow from which Crowley could draw his water appropriation and that it was up to Crowley to adjust his methods if necessary to reach and divert that water. The Montana district court sustained the demurrer. Crowley sought a writ from the Montana Supreme Court for supervisory control over the district court and directing the district court to overrule the demurrer.

Rule of Law

Issue

Holding and Reasoning (Johnson, C.J.)

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