Lohmeier v. State, Montana Department of Natural Resources & Conservation

¶1 Montana’s Department of Natural Resources and Conservation (DNRC) and Utility Solutions (US) appeal the order of the First Judicial District Court, Lewis and Clark County, granting summary judgment in favor of plaintiffs and appellees, Lohmeier, McManus and Faust (the Lohmeiers), and denying summary judgment for the defendants, DNRC and US. We reverse.

¶2 The Lohmeiers sought a declaratory judgment invalidating the DNRC’s repeal of Admin. R. M. 36.12.101(39) (2005), which defined the term municipal use as used in the Montana Water Rights Act. The Lohmeiers claimed the repeal was invalid…