General Agriculture Corporation v. Moore

The HONORABLE ARTHUR MARTIN, District Judge,

sitting for CHIEF JUSTICE JAMES T. HARRISON, delivered the Opinion of the Court.

The circumstances leading to this appeal are brief. On No vember 30, 1972, plaintiff filed its petition seeking to appropriate surplus waters from an adjudicated stream under provisions of section 89-829, E.C.M.1947. While the action' was pending the legislature enacted Chapter 452, Laws of 1973, denominated as the “Montana Water Use Act.” The new Act, codified as sections 89-865 et seq., E.C.M.1947, substituted a new procedure for the appropriation of water rights,…