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  5. 832 P.2d 1210 (1992)
 

MATTER OF YELLOWSTONE RIVER

No. 91-140.

832 P.2d 1210 (1992)

In the Matter of the Adjudication of the Existing Rights to the Use of All the Water, Both Surface and Underground, Within the YELLOWSTONE RIVER Above and Including Bridge Creek in Gallatin, Park, Sweet Grass, and Stillwater Counties, Montana.

Supreme Court of Montana.

Decided May 7, 1992.

Rehearing Denied July 7, 1992.

Attorney(s) appearing for the Case

R. Mark Josephson (argued), Josephson & Fredricks, Big Timber, for appellant.

Marc Racicot, Atty. Gen., George Schunk, Asst., (argued) Donald MacIntyre, Dept. of Natural Resources, Robert N. Lane, Dept. Fish, Wildlife & Parks, Helena, Blake Watson (argued), Barry M. Hartman, Robert L. Klarquist, John R. Hill, Jr., Patrick Barry, U.S. Dept. of Justice, Washington, D.C., Doris S. Poppler, U.S. Atty., Billings; Jody Miller, Office of Gen. Counsel, Dept. of Agriculture, Missoula; John C. Chaffin, Office of Field Sol., Dept. of the Interior, Billings; Daniel F. Decker, Confederated Salish & Kootenai Tribes, Pablo, David Pengelly, Knight, Maclay & Maser, Missoula, Ann E. Wilcox, Billings, John W. Duncan, Joplin. for respondent.

Bruce R. Toole (argued) and Janice L. Rehberg (argued), Crowley Law Firm, Billings, for amicus curiae Tiegen.

Michael E. Zimmerman (argued) and Susan J. Callaghan, Montana Power Co., Butte, W.G. Gilbert, Jr. and W.G. Gilbert, III, Dillon, for amicus curiae MacKenzie.

John North and Lon J. Maxwell, Dept. of State Lands, Helena, for amicus curiae.

McDONOUGH, Justice.

This is an appeal from an order of the Water Court forfeiting appellants' water rights for failing to timely file a claim pursuant to § 85-2-226, . The Water Court upheld the constitutionality of § 85-2-226, MCA, finding that its application works as a forfeiture and not an abandonment. The appellants, whose water rights were dismissed, request this Court to reverse the Water Court and declare § 85-2-226, MCA, unconstitutional. We...

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