Legal Opinion

State Ex Rel. Greely v. Confederated Salish & Kootenai Tribes of the Flathead Reservation

Montana Supreme Court

Decided December 18, 1985No. 84-333PublishedCited by 41 opinions

1Opinion of the CourtJustice Weber

On July 13, 1979, this Court ordered the statewide adjudication of all water rights in Montana to be commenced pursuant to Section 85-2-212, MCA. On August 3, 1984, the State of Montana, ex rel. Mike Greely, Attorney General, filed an application for writ of supervisory control of the Montana Water Court and the judges of that court. The State asked this Court to assume original jurisdiction to determine two issues: (1) Is Montana’s Water Use Act adequate to adjudicate federal and Indian reserved water rights? (2) Does Article I of the Montana Constitution prohibit the Water Court from…

2Cases cited34 opinions

  1. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  2. United States v. WheelerSupreme Court of the United States · 1978
  3. Washington v. Washington State Commercial Passenger Fishing Vessel Assn.Supreme Court of the United States · 1979
  4. Winters v. United StatesSupreme Court of the United States · 1908
  5. Arizona v. CaliforniaSupreme Court of the United States · 1963

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3Cited by41 opinions

  1. In Re Rights to Use Water in Big Horn RiverWyoming Supreme Court · 1988
  2. Marlys Bear Medicine v. United States ex rel. Secretary of the Department of InteriorCourt of Appeals for the Ninth Circuit · 2001
  3. State Ex Rel. Montana Citizens for the Preservation of Citizens' Rights v. WaltermireMontana Supreme Court · 1986
  4. In Re the General Adjudication of All Rights to Use Water in the Gila River System & SourceArizona Supreme Court · 2001
  5. In Re the Adjudication of the Existing Rights to the Use of All the WaterMontana Supreme Court · 2002

36 more not listed; retrieve them via the Exa API.

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