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, co-equal appropriators, percent v. flow rate
WATER: Decree involving co-equal appropriators properly enforced by District Court in percent shares rather than flow rates during shortages… attorney fees properly denied for inability to ascertain a prevailing party… Jones affirmed. [Read more…]
Preliminary injunction, oil/gas well site fencing
PRELIMINARY INJUNCTION requiring oil/gas operator to maintain fencing around well sites pending trial of suit by Landowners not supported by sufficient findings & conclusions… Ruiz reversed (memorandum). [Read more…]
Natural streambed, perennial flow absent mining
NATURAL STREAMBED: Mid-section of stream that would perennially flow absent human manipulation (mining) properly classified as “natural, perennial-flowing” subject to Streambed Act jurisdiction… McMahon affirmed. [Read more…]
Water, Big Warm Creek allocation
WATER: Big Warm Creek rights properly allocated… McElyea affirmed. [Read more…]