Swinger v. Collins

¶1 Keith R. Swinger and Marie E. Swinger (the Swingers) appeal from the judgment entered by the Montana Water Court, Clark Fork Division, on its findings of fact, conclusions of law and supporting memorandum in this water rights adjudication case. We affirm and remand.

¶2 We address the following issues raised by the Swingers:

¶3 1. Are the Water Court’s findings of fact clearly erroneous?

¶4 2. Are the Water Court’s conclusions of law correct?

In addition, we address whether Gary E. Collins (Collins) should be awarded costs on appeal and attorney fees as a sanction pursuant to Rule 32,…