WATER: Beneficial water use permit related to Rock Creek Mine improperly reversed… DNRC affirmed, Seeley reversed. [Read more…]
Water, Teton River rights, 1902 Notice
WATER: Teton Reservoir’s rights under 1902 Notice properly adjudicated. . . Ritter affirmed. [Read more…]
Water, Bateman Ditch as water management tool
WATER: Permanent injunction against using Bateman Ditch as a Teton River water management tool. . . Olson. [Read more…]
Water, Teton River rights
WATER: Teton River rights properly adjudicated on remand. . . Ritter affirmed. [Read more…]
Water, presumption of municipal abandonment
WATER: §85-2-227(4) presumption of municipal nonabandonment procedural, not impermissibly applied retroactively… properly applied as to 7.35 cfs of creek, objector failed to rebut… City improperly found to have abandoned .6 cfs in light of “growing communities” doctrine… challenge to place-of-use restrictions fails for lack of notice AG… Tucker affirmed, reversed. [Read more…]
Water, standard of review, water volume
WATER: Incorrect standard of review of Water Master Ritter’s findings by Water Court nonetheless produced proper water volume result… McElyea affirmed. [Read more…]
Water, Pondera rights rulings
WATER: Pondera rights rulings affirmed, reversed. [Read more…]
Water, Eureka Reservoir, 1890 canal rights
WATER: Off-stream storage in Eureka Reservoir not included in 1890 canal rights… Ritter reversed. [Read more…]
Water, 1913/1942 reservoirs, 1895/1897 rights
WATER: 1913/1942 reservoirs did not increase amount diverted or period of diversion, reservoirs included in 1895/1897 rights… Ritter affirmed. [Read more…]
Water rights, diversion flume
WATER RIGHTS from diversion flume correctly determined in accordance with some of Master Ritter’s findings, contrary to some findings… McElyea affirmed. [Read more…]