Mielke v. Daly Ditches Irrigation District

THE HON. HENRY C. LOBLE,

District Judge, sitting for MR. JUSTICE HARRISON, dissenting:

I respectfully dissent.

The District Court entered judgment in favor of the Mielkes, on the basis of adverse use, granting them 93 [sic] miner’s inches as a first priority right in Gird Creek. Our review is confined to determining whether there is substantial credible evidence to support this decision. Helehan v. Ueland (1986), [223 Mont. 288,] 725 P.2d 1192, 1194, 43 St.Rep. 1679, 1682. “In so determining, we must view the evidence in the light most favorable to the prevailing party.” Id. “Further, the…