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…]
Irrigation ditch, private lateral
IRRIGATION DITCH: Summary judgment properly granted that ditch company not obligated to maintain private lateral… McKinnon affirmed (IOR I-3(d)). [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…]
Environment, grazing impact, nonexistent grouse
ENVIRONMENT: FS erred in using nonexistent sage grouse to assess grazing impact… Molloy reversed. [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…]
Irrigation district, “susceptible of irrigation,”
IRRIGATION DISTRICT: “Susceptible of irrigation” means land physically (as opposed to legally) capable of receiving water… land may be included in expanded irrigation district but legal right to water must be decided by Water Court… Tucker affirmed. [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…]