WATER: Generation of implied rights reversed… Stephen Brown 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…]
Water Use Act, no private right of injunction
WATER USE ACT does not provide private right of injunction, only entities and officials named in §85-2-114 may petition for judicial enforcement… R. McElyea affirmed. [Read more…]
Water pollution, coal mine ephemeral discharges
WATER POLLUTION: Fact issues preclude summary judgment upholding permit to discharge rain & snow water surrounding coal mine into Yellowstone River tributaries… Seeley reversed. [Read more…]
Water, “combined appropriation” rules
WATER: 1993 rule interpreting “combined appropriation” in WUA as “groundwater developments that are physically manifold into the same system” properly invalidated, 1987 rule that “groundwater developments need not be physically connected nor have a common distribution system to be considered a `combined appropriation”’ properly reinstated… DNRC improperly ordered to initiate rulemaking…. Sherlock affirmed, reversed. [Read more…]
Water, Pondera rights rulings
WATER: Pondera rights rulings affirmed, reversed. [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…]