Bagnell v. Lemery

Plaintiff/appellant initiated this action seeking to enjoin defendant/respondent from interfering with the water flow in Ashley Creek in Lake County, Montana, and to adjudicate the water rights of the parties. The District Court of the Fourth Judicial District in and for the County of Lake, found defendants to have a senior water right of 178 acre feet per year and a priority date of 1917 and plaintiff to have a junior water right limited to defendants’ surplus. Plaintiff appeals.

Defendants are owners of real property situated in Lake County, north of St. Ignatius, Montana, described as the…