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MONT. DEPT. OF NAT. R. & C. v. INTAKE WATER CO.

No. 13367.

558 P.2d 1110 (1976)

MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION, Plaintiff and Appellant, v. INTAKE WATER COMPANY, a Delaware Corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided December 29, 1976.

Rehearing Denied January 21, 1977.

Attorney(s) appearing for the Case

Boone, Karlberg & Haddon, Missoula, Sam E. Haddon argued and William T. Boone appeared, Missoula, Ted J. Doney, appeared, Robert T. Cummins, appeared, Helena, for plaintiff and appellant.

Loble, Picotte & Pauly, Henry Loble, argued and Peter M. Pauly, argued, Helena, Boyd L. Henderson, appeared, Houston, Tex., for defendant and respondent.

HASWELL, Justice.

The Montana Department of Natural Resources and Conservation filed an action seeking a declaratory judgment that Intake Water Company does not have a valid appropriation of 80,650 acre feet per year of the waters of the Yellowstone River and enjoining Intake from use of the water. Intake counterclaimed for a declaratory judgment that it has complied with Montana water appropriation statutes to date and upon continued diligent prosecution of the excavation...

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