Department of Fish, Wildlife & Parks v. Montana Stockgrowers Ass'n

This is an appeal from a judgment of the Water Court, Upper Missouri Division, finding the appellant, the Montana Department of Fish, Wildlife and Parks (Department), liable for attorneys’ fees and costs incurred by the Montana Stockgrowers Association, Inc. (Stockgrowers). We reverse.

The sole issue on appeal is:

Whether the Water Court erred in awarding attorneys’ fees and costs to the Stockgrowers, who prevailed against the Department in a case involving the public’s recreational use rights of the waters in Bean Lake.

This issue arose out of this Court’s decision in the Bean Lake case. Matter…