Justia Montana Supreme Court Opinion Summaries

The predecessor in interest to 71 Ranch filed statements of claim for four right rights located on Confederate Creek (Creek Rights), describing a new point of diversion and place of use for the Creek Rights. Donald Marks, whose water rights were junior to the Creek Rights, filed an objection to the Creek Rights’ place of use and point of diversion. The Montana Water Court dismissed Marks’ objection, concluding that Marks failed to present sufficient evidence to rebut 71 Ranch’s claimed point of diversion and place of use for its water rights. The Supreme Court affirmed, holding that the Water Court correctly concluded that Marks failed to present sufficient evidence to contradict 71 Ranch’s claimed point of diversion and place of use for its water rights. View "Marks v. 71 Ranch" on Justia Law

In this water right adjudication, the Water Master concluded that the water right of Claimants, property owners, had been abandoned. Claimants filed an objection to the Water Master's report, arguing, among other things, that the Water Master's application of 79 Ranch v. Pitsch to their existing right was an impermissible retroactive application of the law. The Water Court ruled (1) 79 Ranch applied to Claimants' case; but (2) the Water Master erred in finding that Claimants had failed to produce sufficient evidence to rebut the presumption of intent to abandon. The Supreme Court affirmed, holding that the Water Court (1) correctly applied 79 Ranch analysis; and (2) correctly concluded that Claimants submitted sufficient evidence to rebut the presumption of abandonment. View "Heavirland v. State" on Justia Law

At issue in this case was a certain channel adjacent to the Yellowstone River. The disputed channel had been used for years to obtain river water to satisfy water rights held by Heart K Ranch. The City of Livingston owned land adjacent to the channel and argued that Heart K's maintenance activities in the channel harmed the City's property. The Park Conservation District (PCD) permitted Heart K's maintenance activities in the channel as provided in the Natural Steambed and Land Preservation Act. The City petitioned the PCD for a declaratory ruling that the channel was not subject to the permitting process in the Act because it was actually an irrigation ditch not subject to the Act. The PCD determined that the channel was part of the natural watercourse of the Yellowstone River, which was indisputably subject to the Act. The district court upheld the PCD. The Supreme Court affirmed, holding that the City failed to show that the PCD's decision was arbitrary or capricious, characterized by an abuse of discretion, or a clearly unwarranted exercise of discretion. View "Livingston v. Park Conservation Dist." on Justia Law

The Montana Department of Fish, Wildlife & Parks and Montana Fish, Wildlife & Parks Commissions (collectively referred to as DFWP) decided to transfer a group of bison to two reservations as part of a quarantine program. Plaintiffs, collectively referred to here as the Citizens for Balanced Use, filed this lawsuit challenging the DFWP action and seeking to enjoin the bison transport. While the bison transport was still in process, the district court entered a temporary restraining order enjoining certain bison movement. The Supreme Court reversed, holding that the district court relied upon erroneous grounds for issuing a preliminary injunction under Mont. Code Ann. 27-19-201(3). View "Citizens for Balanced Use v. Maurier" on Justia Law

Plaintiff purchased property from Defendants in 1993. The warranty deed for the property contained no express mention of water rights, ditch easements, or appurtenances. Plaintiff nevertheless believed that a water right came with the property and that a ditch easement existed to transport the water to his property. Defendants later purchased real property which historically contained a ditch. It was subsequently discovered the property did have a ditch that traversed from a creek, across Defendants' property, to a 20-acre "place of use" on the properly now owned by Plaintiff. Plaintiff subsequently attempted to reopen use of the ditch and filed an action against Defendants seeking a declaration that he had a ditch easement across Defendants' property. The district court ruled in favor of Defendants. The Supreme Court affirmed, holding that the district court properly determined that Plaintiff had no ditch easement across property owned by Defendants. View "Roland v. Davis" on Justia Law

Franz Weinheimer filed a notice of water appropriation in 1971 which listed a point in Section 4 as the point of diversion. Franz's son Francis filed a claim with the water court in 1981. Francis transferred the property interests in the claim to Weinheimer Ranch (Ranch) in 1991. The Ranch filed a motion to amend the claim in 2002 and a supplement to the motion in 2003 seeking to amend the claim's historical right, priority date, and source. The water court denied the Ranch's motion to amend the claim's historic rate and priority date. The Supreme Court affirmed, holding (1) the facts in the record did not require an inference that the Ranch's predecessor in interest mistakenly had listed Section 9 instead of Section 4 on his 1986 notice of appropriation, and the water court reasonably declined to infer such a finding; and (2) the water court properly determined that the Ranch had failed to present substantial evidence in support of its motion to amend its claim. View "Weinheimer Ranch, Inc. v. Pospisil" on Justia Law

On December 14, 2012, the district court issued an alternative writ of mandate directing several irrigation districts to comply with Mont. Code Ann. 85-7-1956 and -1957 before executing a water use agreement with the Confederated Salish and Kootenai Tribes of the Flathead Nation and the United States. On February 15, 2013, the district court issued another writ of mandate that rescinded and superseded the alternative writ of mandate. The writ of mandate enjoined the irrigation districts from entering into the proposed agreement. The Supreme Court vacated both the district court's writ of mandate and injunction and the court's alternative writ of mandate, holding that the district court (1) issued an appealable order, making the appeal from the district court's writ of mandate and injunction as well as the issue of whether the statutes apply to the water use agreement properly before the Court; (2) improperly granted the writ of mandate and injunction; and (3) incorrectly compelled the irrigation districts to comply with sections 85-7-1956 and -1957 before they executed the water use agreement. View "W. Mont. Water Users Ass'n, LLC v. Mission Irrigation Dist." on Justia Law

Bostwick Properties (Bostwick) sought a water use permit from the Montana Department of Natural Resources and Conservation (DNRC), which was denied. The district court (1) agreed with DNRC that Bostwick failed to prove no net depletion of surface water and lack of adverse effect, and therefore Bostwick was required to mitigate its water usage in order to receive a water use permit; (2) determined that Bostwick had submitted an adequate mitigation proposal, and therefore, ruled that DNRC improperly had denied Bostwick's permit application; and (3) determined that DNRC exhibited bias toward BNRC, but any bias did not prejudice Bostwick. The Supreme Court affirmed, holding (1) DNRC and the district court properly required Bostwick to mitigate its water usage; (2) the district court properly determined Bostwick's mitigation proposal was adequate as a matter of law; and (3) DNRC bias did not substantially prejudice Bostwick. View "Bostwick Props., Inc. v. Dep't of Natural Res. & Conservation" on Justia Law

Plaintiffs commenced a lawsuit against several power companies alleging that the Colstrip power facility, which bordered land owned by Plaintiffs, contaminated groundwater under their property. The parties proceeded with mediation after three years of litigation. The mediation ended with the transmission of a memorandum of understanding (MOU) to the parties' counsel. After some of Plaintiffs expressed reservations about accepting the settlement, the power companies filed a motion to enforce the settlement agreement, arguing that the MOU was a written and signed settlement agreement. After a hearing, the district court granted the motion to enforce the settlement agreement, finding that the MOU was a binding, enforceable settlement agreement. The Supreme Court affirmed, holding that the district court (1) did not err by finding the MOU was an enforceable settlement agreement; (2) did not err by allowing parol evidence to change an option to purchase into a right of first refusal; and (3) erred in admitting evidence protected by the mediation confidentiality statute, but the error was harmless. View "Kluver v. PPL Mont., LLC" on Justia Law

Plaintiffs, in anticipation of Revett Silver Company and RC Resources, Inc. (collectively, "Revett") seeking approval for mine-related construction under a general permit, filed this action against the Department of Environmental Quality (DEQ) seeking a declaratory judgment that use of general permits to approve stormwater runoff from the Rock Creek Mine would violate Mont. Admin. R. 17.30.1341(4)(e) because Rock Creek is an area of "unique ecological significance" based on considerations of impacts on fishery resource and local conditions at proposed discharge. The district court granted summary judgment to Plaintiffs and declared the general permit void. The Supreme Court affirmed, holding that DEQ's approval of the use of the general permit to allow storm water discharges was arbitrary and capricious because DEQ failed to consider the relevant factors set forth in the law prior to its decision, and as a result, committed a clear error of judgment. View "Clark Fork Coalition v. Dep't of Envtl. Quality" on Justia Law