In Re the Adjudication of the Existing Rights of Musselshell River Drainage

Rueben C. and Lavone M. Pitsch appeal from an adjudication of water right claims in Big Coulee Creek, a tributary of the Musselshell River, by the Montana Water Court, the Honorable Bernard W. Thomas presiding. We affirm.

We address the following issues on appeal:

1. Did the Water Court err in determining that the 1893 and 1921 water rights claimed by appellants were abandoned?

a. Should this Court expressly overrule 79 Ranch?

b. Did the Water Court err in its application of 79 Ranch?

2. Did the Water Court err in determining that the claimed 1973 water right was not perfected?

3. Are appellants…