Searle v. Milburn Irrigation Co.

AMENDED OPINION

DURRANT, Justice:

¶ 1 In this case, we are called upon to address several questions concerning the procedure applicable to the approval or rejection of applications proposing a change in water use. More specifically, we must determine whether the district court properly invoked the preponderance of the evidence standard of proof and correctly allocated the burden of proof when rejecting a change application. Additionally, we must decide whether a change applicant’s prima facie showing that no impairment of vested water rights will result from application approval can be…