GENERAL AGRICULTURE CORPORATION v. MOORE

No. 12843.

534 P.2d 859 (1975)

GENERAL AGRICULTURE CORPORATION, Plaintiff and Appellant, v. Paul J. MOORE and Luella May Moore, husband and wife, et al., Defendants and Respondents.

Supreme Court of Montana.

Decided April 30, 1975.


Attorney(s) appearing for the Case

Jardine, Stephenson, Blewett & Weaver, K. Dale Schwanke (argued), Grant Falls, W.G. Gilbert, Jr., Dillon, for plaintiff and appellant.

Allen B. Chronister, Helena, Kendrick Smith (argued), Butte, James T. Harrison, Jr. (argued), Helena, amicus curiae.

Swanberg, Koby, Swanberg & Matteucci, Great Falls, Morrison, Ettien & Barron, J. Chan Ettien (argued), Hauge, Hauge, Ober & Spangelo, Ronald Smith, Weber, Bosch, Kuhr, Dugdale & Warner, Havre, Burns, Solem & MacKenzie, Chinook, for defendants and respondents.


ARTHUR MARTIN, District Judge.*

The circumstances leading to this appeal are brief. On November 30, 1972, plaintiff filed its petition seeking to appropriate surplus waters from an adjudicated stream under provisions of section 89-829, R.C.M. 1947. While the action was pending the legislature enacted Chapter 452, Laws of 1973, denominated as the "Montana Water Use Act." The new Act, codified as...

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