Teton Cooperative Reservoir Co. v. Farmers Cooperative Canal Co.

¶1 Teton Cooperative Reservoir Company (TCRC) appeals from the order of the Montana Water Court, adjudicating several water right claims of Farmers Cooperative Canal Company (FCCC). FCCC cross-appeals. We affirm.

ISSUES

¶2 We review the following issues:

1. Did the Water Court apply an incorrect standard of law when it decided that FCCC’s reservoirs were included in its 1895and 1897 water rights?

2. Were the Water Court’s findings regarding FCCC’s historical water use clearly erroneous?

3. Was the Water Court’s finding that FCCC’s water use did not increase after the reservoirs were constructed…