Kelly v. Teton Prairie LLC

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This dispute involved multiple water right holders on the mainstream of the Teton River in Teton and Chouteau Counties. Teton Prairie owned property upstream from Appellees’ properties. Appellees held water rights for stock water purposes and for domestic use. Teton Prairie’s water rights were for irrigation and were junior to all of Appellees’ rights. Appellees filed suit against Teton Prairie, claiming wrongful interference of a water right and wrongful diversion of water by a junior water right holder, and requested injunctive relief. The district court granted summary judgment for Appellees, finding that Teton Prairie violated the prior appropriation doctrine by ignoring Appellees’ call for water. The Supreme Court affirmed, holding that the district court (1) correctly applied the prior appropriation doctrine; (2) correctly found that Teton Prairie failed to establish the necessary elements to raise the defense of futile call doctrine; and (3) correctly granted injunctive relief to Appellees. View "Kelly v. Teton Prairie LLC" on Justia Law