Legal Opinion
In Re the Adjudication of the Existing Rights to the Use of All the Water
Montana Supreme Court
Decided September 24, 2002No. 00-100PublishedCited by 18 opinions
1Opinion of the CourtJustice Leaphart
¶1 The Montana Department of Fish Wildlife and Parks (DFWP) appeals a ruling by the Chief Water Judge on five pre-1973 water rights claims in the Missouri River basin. The five claims are based on diversions of water for purposes of fish, wildlife or recreation. The Water Court ruling refers to In the Matter of Dearborn Drainage Area *330(1988), 234 Mont. 331, 766 P.2d 228 (Bean Lake) in remarking on the potential invalidity of the claims. This Court invited submission of amicus curiae briefs and received briefs from: Estate of Eva S. DePuy; Montana State Council of Trout Unlimited; Montana…
2Cases cited29 opinions
- Lamprey v. StateSupreme Court of Minnesota · 1893
- State Ex Rel. State Game Commission v. Red River Valley Co.New Mexico Supreme Court · 1945
- Montana Coalition for Stream Access, Inc. v. CurranMontana Supreme Court · 1984
- Day v. ArmstrongWyoming Supreme Court · 1961
- Thomas v. GuiraudSupreme Court of Colorado · 1883
24 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Phelps Dodge Corp. v. Arizona Department of Water ResourcesCourt of Appeals of Arizona · 2005
- Montana Trout Unlimited v. Beaverhead Water Co.Montana Supreme Court · 2011
- Hohenlohe v. State, Department of Natural Resources & ConservationMontana Supreme Court · 2010
- United States v. Barthelmess Ranch Corp.Montana Supreme Court · 2016
- USA BLM - BarthelmessMontana Supreme Court · 2016
13 more not listed; retrieve them via the Exa API.