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· 7/2/1992

In Re the Adjudication of the Existing Water Rights of Clark Fork River

Citations

  • 833 P.2d 1120
  • 254 Mont. 11
  • 49 State Rptr. 591
  • 1992 Mont. LEXIS 178

How courts have described this case

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

  • finding “twenty-three plus” years of nonuse by the city of Deer Lodge was abandonment
  • finding “twenty-three plus” years of nonuse by the city of Deer Lodge was abandonment
  • nonuse by city of two water right claims for over 23 years created rebuttable presumption of abandonment though city continued to carry claims as assets on its books during periods of nonuse
  • nonuse by city of two water right claims for over 23 years created rebuttable presumption of abandonment though city continued to carry claims as assets on its books during periods of nonuse
  • “Deer Lodge’s evidence that it carried the water rights as assets on its books is not sufficient to rebut the presumption of abandonment [established by 23 years of nonuse].”
  • “Deer Lodge’s evidence that it carried the water rights as assets on its books is not sufficient to rebut the presumption of abandonment [established by 23 years of nonuse].”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gray, Turnage, Hunt, McDonough, Trieweiler

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.