HANSON v. SOUTH SIDE CANAL USERS' ASSOCIATION

No. 12727.

537 P.2d 325 (1975)

Elmer D. HANSON et al., Plaintiffs and Respondents, v. SOUTH SIDE CANAL USERS' ASSOCIATION et al., Defendants and Appellants.

Supreme Court of Montana.

Decided June 13, 1975.


Attorney(s) appearing for the Case

Berg, Angel, Andriolo & Morgan, Bozeman, Ben E. Berg, Jr. (argued), Bozeman, Harrison, Loendorf & Poston, Helena, James T. Harrison, Jr. (argued), Helena, for defendants and appellants.

Small, Cummins & Hatch, and Gregory A. Jackson, Helena, Floyd O. Small (argued), Helena, for plaintiffs and respondents.


CASTLES, Justice.

This is an appeal by defendants South Side Canal Users' Association and Montana State Water Conservation Board, from a judgment of the district court, Meagher County, adjudicating plaintiffs' rights to waters of the North Fork of the Smith River and awarding each a priority date of April 1, 1915.

The original decree adjudicating waters of the North Fork of the Smith River was rendered by the district court on August 30, 1890. All plaintiffs...

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