Legal Opinion
In Re the Adjudication of the Existing Rights of Yellowstone River
Montana Supreme Court
Decided May 7, 1992No. 91-140PublishedCited by 21 opinions
1Opinion of the CourtJustice McDONOUGH
This is an appeal from an order of the Water Court forfeiting appellants’ water rights for failing to timely file a claim pursuant to § 85-2-226, . The Water Court upheld the constitutionality of § 85-2-226, MCA, finding that its application works as a forfeiture and not an abandonment. The appellants, whose water rights were dismissed, request this Court to reverse the Water Court and declare § 85-2-226, MCA, unconstitutional. We affirm.
We will review the following issues.
I. Does'Article IX, Section 3, of the Montana Constitution protect pre-1973 water rights from legislative forfeiture?
II.…
2Cases cited19 opinions
- Stanley v. IllinoisSupreme Court of the United States · 1972
- Cleveland Board of Education v. LaFleurSupreme Court of the United States · 1974
- Energy Reserves Group, Inc. v. Kansas Power & Light Co.Supreme Court of the United States · 1983
- Vlandis v. KlineSupreme Court of the United States · 1973
- United States v. LockeSupreme Court of the United States · 1985
14 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Newville v. State, Dept. of Family ServicesMontana Supreme Court · 1994
- Gulbrandson v. CareyMontana Supreme Court · 1995
- Muskin v. State Department of Assessments & TaxationCourt of Appeals of Maryland · 2011
- Single Moms, Inc. v. Montana Power Co.Court of Appeals for the Ninth Circuit · 2003
- Montana Trout Unlimited v. Beaverhead Water Co.Montana Supreme Court · 2011
16 more not listed; retrieve them via the Exa API.