Cate v. Hargrave

This action was initiated September 22, 1981, in the Flathead County District Court. Plaintiffs, owners of property surrounding McGregor Lake, sought a judicial determination of the extent of defendants’ senior water right on the outlet stream of the lake, McGregor Creek. Plaintiffs specifically sought a determination of whether defendants were wasting water by their failure to maintain a dam on the outlet of the lake and whether defendants were exceeding their lawful appropriation in amount or place of use. Defendants counterclaimed alleging plaintiffs damaged their dam and headgate. From a…