Teton Co-Op Canal Co. v. Teton Co-Op Reservoir Co.

¶1 Teton Cooperative Reservoir Company (Teton Reservoir) appeals a February 3, 2015 order of the Montana Water Court in Case 410-132, adjudicating Teton Co-Operative Canal Company’s (Teton Canal) water rights to the Eureka Reservoir. We address the following issue on appeal:

Whether the Water Court erred in determining that off-stream water storage in the Eureka Reservoir was included as part of Teton Canal’s April 18, 1890 Notice of Appropriation.

¶2 We reverse and remand for further proceedings.

PROCEDURAL AND FACTUAL BACKGROUND

¶3 Teton Canal was formed in 1903 for the purpose of…