WATER: Attorney fees properly denied under Water Use Act, improperly denied under UDJA for lack of tangible object to be possessed… McMahon affirmed, reversed. [Read more…]
Municipal water, permit/change, service agreements
MUNICIPAL WATER: DNRC correctly determined that Shelby satisfied permit & change criteria via service agreements with each community in its service area except for one community… Stephen Brown affirmed, reversed. [Read more…]
Water, State ownership of water from private land
WATER: State holds ownership interest in water right developed & diverted on private land for beneficial use on school trust land… Stephen Brown affirmed. [Read more…]
Rehearing denied in water bottling plant case
REHEARING denied in water bottling plant case… order. [Read more…]
Water bottling plant beneficial use permit, attorney fees
WATER BOTTLING PLANT: Beneficial use permit properly vacated and remanded due to deficiencies material to physical availability of water… attorney fees to Objectors who prevailed after 7 years improperly deemed denied… Seeley affirmed, reversed. [Read more…]
Settlement agreement, riverbeds rent, justiciability
SETTLEMENT AGREEMENT justiciability and interpretation issues related to electric utility’s rent of State riverbeds affirmed, reversed… Menahan affirmed, reversed. [Read more…]
Water, beneficial use permit, Rock Creek Mine
WATER: Beneficial water use permit related to Rock Creek Mine improperly reversed… DNRC affirmed, Seeley reversed. [Read more…]
Private AG fees, DNRC groundwater rules
PRIVATE AG FEES improperly awarded against DNRC because groundwater rule challenge resolved statutorily, not constitutionally… Sherlock reversed. [Read more…]
Water, subdivision groundwater, mitigation
WATER: DNRC had authority to deny subdivision water permit despite settlement with objectors, properly required applicant to mitigate usage, improperly determined that proposed mitigation was inadequate… applicant not prejudiced by bias… J. Brown affirmed. [Read more…]
Water, municipal use change, “historic information,”
WATER: DNRC entitled to pre-73 “historic information” in Town’s application for changed uses, but no more than necessary for statutory requirements… incomplete application not ripe for review… J. Brown affirmed. [Read more…]