Justia Montana Supreme Court Opinion Summaries

The parties to this appeal were Gene Curry, Cheryl Curry, and Curry Cattle Co. (collectively, Curry) and Pondera County Canal & Reservoir Company (Pondera). Both Curry and Pondera owned rights to divert waters from Birch Creek. Curry filed a complaint alleging interference with his water rights by Pondera. The Montana Water Court determined that Pondera was entitled to claim beneficial use based on the maximum number of shares authorized by the Montana Carey Land Board, a service area for Pondera’s place of use, the extent of the acreage included in the service area, the adjustment of the flow rate for two claims, and the reversal of the dismissal of a third claim. The Supreme Court affirmed in part, reversed in part, and remanded, holding that the Water Court (1) did not err when it determined that Pondera’s rights were not limited by the actual acreage historically irrigated by its shareholders; (2) did not err in concluding that Pondera was entitled to a service area; (3) erred when it determined the acreage included in the service area; (4) applied the appropriate standard of review and did not misapprehend the effect of the evidence; and (5) did not err in tabulating two of the claims at issue. View "Curry v. Pondera County Canal & Reservoir Co." on Justia Law

Fellows filed the underlying complaint challenging the Water Commissioner’s administration of water under the Perry v. Beattie decree. The district court dismissed Fellows’s complaint for failure to state a claim. The Supreme Court reversed and remanded, concluding that Fellows’s allegations were sufficient to state a claim. Fellows then requested the district court to certify a question to the Water Court. The district court granted the request. The Water Court entered a final order that tabulated the water rights necessary to address Fellows’s underlying complaint. By the time of its certification order, the water claims had been adjudicated in a temporary preliminary decree, and therefore, the Water Court ordered that the matter be closed and returned to the district court. The Perry Defendants filed a motion to alter or amend the Water Court’s judgment. The Water Court denied the motion. The Supreme Court affirmed, holding (1) the Water Court correctly followed the law of the case; (2) Fellows’s petition for certification was proper; and (3) the Water Court did not err in defining the scope of the controversy, in determining the purpose of the tabulation, and in tabulating the applicable rights involved in the controversy. Remanded. View "Fellows v. Saylor" on Justia Law

In 2014, the Montana Environmental Information Center (MEIC) filed suit challenging the decision of the Montana Department of Environmental Quality (DEQ) to approve the expansion of Golden Sunlight Mines, Inc.’s (GSM) gold mine to include a nearby pit. DEQ and GSM (together, Appellees) asserted that MEIC should be collaterally estopped from relitigating the question of whether the Montana Constitution and the Montana Metal Mine Reclamation Act (MMRA) require lands disturbed by a mining operation to be fully reclaimed because this precise issue had already been litigated, with MEIC receiving an adverse ruling from the district court. The district court agreed and entered judgment in favor of Appellees. The Supreme Court affirmed, holding (1) the district court correctly found that collateral estoppel precluded MEIC from relitigating whether the Montana Constitution or the MMRA requires land disturbed by the taking of natural resources to be fully reclaimed to its previous condition; and (2) the district court did not err by upholding the DEQ’s decision. View "Mont. Envtl. Info. Ctr. v. Mont. Dep’t of Envtl. Quality" on Justia Law

This appeal concerned individual objectors to the Crow Water Compact, an agreement to distribute and manage water rights among the United States, the Crow Tribe, and the State of Montana. The Supreme Court affirmed the Water Court’s order, holding (1) the Water Court applied the proper legal standard of review in approving the Compact in the final order; (2) the Objectors failed to meet their burden of showing that the Compact was unreasonable and materially injured their interest; and (3) the Compact negotiation process did not violate the Objectors’ due process rights. View "In re Crow Tribe Water Compact" on Justia Law

In 1982, Teton Co-Operative Canal Company (Teton Canal) filed a statement of claim for existing water rights for the Eureka Reservoir. Teton Cooperative Reservoir Company (Teton Reservoir) objected to Teton Canal’s claims. The Water Master held a hearing in 2012 and, in 2015, adjudicated Teton Canal’s claims. Teton Reservoir appealed. The Supreme Court reversed the Water Court’s order regarding Teton Canal’s water right claims to the Eureka Reservoir, holding that the Water Court erred in determining that off-stream water storage in the Eureka Reservoir was included as part of Teton Canal’s April 18, 1890 Notice of Appropriation. Remanded to the Water Court to assign a new priority date to Teton Canal’s rights to the Eureka Reservoir and for further proceedings. View "Teton Co-op Canal Co. v. Teton Coop Reservoir Co." on Justia Law

The Gallatin Gateway County Water & Sewer District sought a permit for a proposed wastewater treatment system. The Montana Department of Environmental Quality (DEQ) granted a wastewater discharge permit. Gateway Village, LLC, which owns land adjacent to and down-gradient from the proposed activities, requested judicial review of DEQ’s issuance of the permit and alleged that the discharge of wastewater into groundwater extending under its surface property would constitute a common law trespass. The district court determined that further environmental analysis was necessary and remanded the case to DEQ. The court also denied DEQ’s and the District’s motions for summary judgment or dismissal of Gateway Village’s trespass claim and denied Gateway Village’s request for attorneys’ fees. The Supreme Court (1) vacated the portion of the district court’s order addressing the trespass claim, holding that, having remanded the case, the district court should have declined to address the trespass claim; and (2) affirmed the district court’s decision to deny Gateway Village’s request for attorney’s fees. View "Gateway Village, LLC v. Mont. Dep’t of Envtl. Quality" on Justia Law

The town of Opportunity is a rural community east of a former copper smelter operated by the Anaconda Company. Between 1884 and 1980, the smelter emitted smoke and fumes containing arsenic and other toxic materials, and particles of these materials settled on the surrounding lands. In 2008, Appellants, property owners in and around the town, filed this action seeking damages for the cost of restoring their properties to their original state. Atlantic Richfield Company (ARCO), the successor in interest to the Anaconda Company, moved for summary judgment on statute of limitations grounds. The district court granted summary judgment for ARCO on all claims. The Supreme Court affirmed in part and reversed and remanded in part, holding (1) application of the continuing tort doctrine based on environmental contamination does not require evidence of that the contamination is migrating; (2) Appellants’ claims of continuing nuisance and trespass are not time-barred if a finder of fact determines that the contamination is reasonably abatable; (3) the district court properly granted summary judgment to ARCO on Appellants’ claims of unjust enrichment and constructive fraud; and (4) the district court applied the incorrect statute of limitations to Appellants’ claim of wrongful occupation. View "Christian v. Atlantic Richfield Co." on Justia Law

At dispute in this case was the Crow Water Compact - an agreement among the United States, the Crow Tribe, and the State - which recognizes a Tribal Water Right of the Crow Tribe and its members in a number of sources of water that abut or cross the Crow Indian Reservation in Montana. Here, a group of Crow tribal member Allottees - persons who hold interests in parcels of former Tribal land mostly created by the General Allotment Act - objected to the Compact in the Water Court, claiming that the United States breached its fiduciary duties to the Allottees by failing to protect their water rights in the Compact and failing to adequately represent them in Compact proceedings. The Water Court dismissed the Allottees’ objections. The Supreme Court affirmed, holding that the Water Court (1) applied the proper legal standard of review in dismissing the Allottees’ objections; (2) did not exceed its jurisdiction by dismissing the Allottees’ action rather than staying consideration of the Compact pending resolution of the Allottees’ action in federal district court; and (3) did not err in determining that the Allottees have rights to a share of the Crow Tribal Water Right and that the United States adequately represented the Allottees during the Compact negotiations. View "In re Crow Water Compact" on Justia Law

Farmers Cooperative Canal Company (FCCC) was incorporated in 1897 for the purpose of appropriating, transporting, and using irrigation water from the Teton River. FCCC acquired two water rights with priority dates of 1895 and 1897. FCCC constructed two reservoirs, Harvey Lake Reservoir in 1913 and Farmers Reservoir in 1942. Using its reservoirs, FCCC began to store portions of the water diverted to it during the year, which allowed it to release water as needed throughout the year. Based on its rights and these practices, FCCC filed statements of claim for its 1895 and 1897 rights, claiming use of the two reservoirs as part of those rights. Teton Cooperative Reservoir Company (TCRC) objected to FCCC’s claims, arguing that FCCC’s reservoirs were not part of its 1895 or 1897 rights and, instead, were new, independent appropriations not entitled to the priority dates of either claim. The Water Court concluded that the reservoirs could be used as part of the 1895 and 1897 rights because they did not expand the period of diversion, volume, or flow rate of those rights. The Supreme Court affirmed, holding that the Water Court correctly concluded that FCCC’s reservoirs did not expand FCCC’s water rights and that the reservoirs could be included in FCCC’s 1895 and 1897 rights. View "Teton Coop. Reservoir Co. v. Farmer Coop. Canal Co." on Justia Law

Mark Runkle and TAGS Realty, LLC were the locators of several adjacent and overlapping mining claims. This case concerned a pile of mining waste that was located on both Runkle’s and TAGS’s claims. The mining waste contained gold deposits that were not economically viable at the time they were removed from an historic mine. By 2011, however, the deposits became valuable, and Runkle removed and sold all of the waste that year. Runkle also removed the waste located within TAGS’s claim. TAGS filed a complaint asserting trespass and conversion causes of action, alleging that Runkle was not entitled to remove the waste material located on TAGS’s claim. The district court granted summary judgment in favor of Runkle. The Supreme Court reversed, holding that the district court (1) erred in concluding that TAGS’s mining claim was not a property interest sufficient to support TAGS’s causes of action; and (2) erred by granting summary judgment on an issue never raised, addressed, or conceded by the parties. View "TAGS Realty, LLC v. Runkle" on Justia Law