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JOHNSON v. STATE WATER CONSERVATION BOARD

No. 10324.

374 P.2d 325 (1962)

140 Mont. 603

W.F. JOHNSON and Robert Johnson, Victor Johnson and Beatrice Johnson, Husband and Wife, Wayne Graybeal and Stella Graybeal, Husband and Wife, John A. Conn, Francis Wight and Alice Wight, Husband and Wife, Lester Dyer and Forrest Dyer, E.A. Dewitt, Howard Anderson and Evelina Anderson, Husband and Wife, Linda M. Anderson, Carl Nelson, John R. Enman and Annie Enman, Husband and Wife, Jesse Henderson, Brogan Ranch Company, a Montana Corporation, Flossie M. Johnson, C.H. Walter and Bertha L. Walter, Husband and Wife, Plaintiffs and Respondents, v. The STATE WATER CONSERVATION BOARD, Defendant and Appellant.

Supreme Court of Montana.

Decided September 5, 1962.

Attorney(s) appearing for the Case

Forrest H. Anderson, Atty. Gen., Clarence E. Wohl (argued orally) and Louis Forsell, Helena (argued orally), for appellant.

Keeley, McElwain & Ryan, Joseph A. McElwain, Deer Lodge (argued orally), for respondents.

JAMES T. HARRISON, Chief Justice.

This is an appeal from a judgment of the district court of Granite County entered following the granting of plaintiffs' motion for judgment upon the pleadings.

The plaintiffs are the owners of certain decreed and adjudicated water rights out of the natural flow of Flint Creek; the defendant is The State Water Conservation Board.

The only record before us consists of the pleadings...

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