WATER: Presumption of non-abandonment properly found overcome in establishing volume for small town… PTO properly read more broadly than asserted by Town… McElyea affirmed. [Read more…]
Water, post-96 petition, Indian lands now fee ranch
WATER: No jurisdiction to hear post-96 petition for adjudication of rights appurtenant to Indian lands converted to fee in 2006 and acquired by ranch 2010-12, but exempt claim may be filed under 2017 revision… McElyea reversed. [Read more…]
Crow Water Compact, off-Reservation objections
CROW WATER COMPACT: Final order affirmed over off-Reservation objections… McElyea affirmed. [Read more…]
Water, Crow Water Compact
WATER: Allottees’ objections to Crow Water Compact properly rejected by Water Court… McElyea affirmed. [Read more…]
Water, abandonment, intent, standard of review
WATER: Standard of review of Water Court clarified… 79 Ranch governs abandonment, properly applied retroactively to pre-73 right to creek… Claimants sufficiently rebutted presumption of intent to abandon by 20 years nonuse… Ritter reversed, McElyea affirmed. [Read more…]