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· 10/8/1992

In Re the Adjudication of the Existing Rights of Musselshell River Drainage

Citations

  • 840 P.2d 577
  • 255 Mont. 43
  • 49 State Rptr. 866
  • 49 St. Rep. 866
  • 1992 Mont. LEXIS 274

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating “the Water Court correctly applied the thrust of 79 Ranch to the facts before it.”
  • evidence, not specific to the acreage in question, that certaif? spans of years were “pretty dry” and “most people” did not have sufficient funds to reopen ditches was not sufficient to rebut the presumption of abandonment
  • \The controlling principle upon which water 'rights' in Montana are perfected and continue to possess legal validity is that of beneficial use; water rights cease when the water is no longer applied to a beneficial use.\ (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Gray, Harrison, Hunt, Trieweiler, McDonough

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