WATER: Generation of implied rights reversed… Stephen Brown affirmed, reversed. [Read more…]
Water use permit, Tintina’s proposed copper mine
WATER USE PERMIT for Tintina’s proposed copper mine properly upheld… Hayworth affirmed. [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…]
Endangered species, irrigation dam bypass v. removal
ENDANGERED SPECIES: Challenges to irrigation dam bypass (as opposed to dam removal and installation of large pumps) to accommodate pallid sturgeon rejected on summary judgment on remand from 9th Circuit reversal of preliminary injunction. . . Morris. [Read more…]
Environment, Yellowstone dam preliminary injunction
ENVIRONMENT: Preliminary injunction against Yellowstone River dam vacated for failure to show irreparable harm to sturgeon. . . Morris reversed (unpublished). [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, 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…]