In Re the Adjudication of the Existing Rights to the Use of All the Water, Both Surface & Underground, Within the Sage Creek Drainage Area

We determine in these cases consolidated for appeal that there is no right of appeal granted to a water right claimant under the state water rights adjudication process [Sections 85-2-201, -243, MCA], except from a final decree entered under Section 85-2-234, MCA; that the Montana Rules of Civil Procedure are included in the rules that govern the practice of the Water Courts [Rule 1.11(2), Water Claims Examination Rules]; that Rule 54(b) of the Montana Rules of Civil Procedure provides for and allows a water right claimant to seek and procure from the Water Court an express direction for the…