WATER: Rights to Teton River water dating back to 1874 properly determined except that irrigation effort begun in 1880 and completed in 1887 constituted single priority date in 1880… Ritter affirmed, reversed. [Read more…]
Water, Teton River diversion
WATER: Certification to Water Court, injunctive relief, in challenge to Commissioner’s diversion of Teton River improperly denied… McKinnon reversed. [Read more…]
Water, erosion dams, intent to appropriate
WATER: While purpose at time of diversion was erosion control, application evinces intent to appropriate water channeled through Defendants’ property for beneficial uses (stock watering, fish/wildlife, recreation), pond evaporation loss also an appropriation, Defendants had [Read more…]
Public road/easement
PUBLIC ROAD/EASEMENT issues similar to previously litigated other road properly resolved in favor of access association… [Read more…]
Water, standing to object, request hearing
WATER: No restriction on who may object to water right claim in temporary preliminary decree, Trout Unlimited improperly [Read more…]
$319,406 private AG fees, stream access case
ATTORNEY FEES: $319,406 private AG fees properly awarded against intervenors in stream access case, but remanded for [Read more…]
Water, instream flow change
WATER: Denial of instream flow change based on incomplete return flow analysis abuse of discretion, but DNRC still has discretion to determine historically diverted amount, “amount historically consumed,” or lesser amount, balancing fish [Read more…]
Water, untimely permit processing
WATER: DNRC failed to uphold duty to process permit application within timeframes, but mandamus not available until applicant proves criteria satisfied, improperly issued… J. Brown reversed. [Read more…]
Game farms, I-143 fee shooting termination, taking
GAME FARMS: I-143 termination of fee shooting upheld over regulatory takings claims… Rice affirmed. [Read more…]