In re Klamert

Chief Justice Mike McGrath delivered the Opinion of the Court.

***422¶1 Daniel Iverson and Wilks Ranch Montana, LTD (Wilks Ranch) appeal from a Montana Water Court order holding they failed to prove a long period of continuous nonuse and therefore failed to show Gene Klamert or his predecessors' presumed intent to abandon the water ***423rights. We affirm.

¶2 We restate the issues on appeal as follows:

1. Whether the Water Court erred in concluding that Wilks Ranch and Iverson failed to establish a continuous period of nonuse.

2. Whether failure to assert water rights through the water…