State Ex Rel. Wilson v. Department of Natural Resources & Conservation of Montana, Water Resources Division

This appeal arises from the District Court’s granting at torney’s fees to Intervenors following a hearing to determine water rights, in the Thirteenth Judicial District, Yellowstone County. We reverse the District Court.

The sole issue on appeal is whether Intervenors (Waltons) are entitled to attorney’s fees from Relator (Wilson). Wilson and Waltons owned adjacent property in Yellowstone County. Waltons purchased their property in 1963, and in 1966 built a structure to impound water from an unnamed tributary (coulee) of Dry Creek to use as a stock water reservoir. They continued this use each…