Giese v. Blixrud

¶1 Monte Giese, Steven Kelly and William Reichelt appeal from the District Court’s order dismissing their Second Amended Petition and their Third Amended Petition and Request for Certification to the Water Court and Injunctive Relief. We restate the issue on appeal as whether the District Court erred in dismissing Appellants’ request for certification to the Chief Water Judge pursuant to § 85-2-406(2)(b), MCA. We reverse.

PROCEDURAL AND FACTUAL BACKGROUND

¶2 This is a dispute over rights to use water from the Teton River in Montana. The Teton River rises in the Rocky Mountain Front in west…