State Ex Rel. Greely v. Water Court of State

The Attorney General for the State of Montana, pursuant to Rule 17, M.R.App.Civ.P., has petitioned this Court for an exercise of its supervisory power over the Water Court of the State of Montana and the judges of that court, in their conduct of the litigation commenced in this Court pursuant to section 85-2-211, MCA, under cause no. 14833. The questions as presented in that application were:

1. Notwithstanding the so-called “disclaimer clause” in Article I of the Montana Constitution, does the Montana Water Court have jurisdiction, as a matter of state law, to adjudicate federal reserved…