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HOLMSTROM LAND CO. v. MEAGHER CTY. NEWLAN CREEK

No. 13848.

605 P.2d 1060 (1979)

HOLMSTROM LAND COMPANY, INC., a Montana Corporation, Plaintiff and Appellant, v. MEAGHER COUNTY NEWLAN CREEK WATER DISTRICT, Defendant, Appellant and Respondent, and Ward Paper Box Co. et al., Defendants and Respondents and Cross-Appellants.

Supreme Court of Montana.

Decided August 2, 1979.

Rehearing Denied February 21, 1980.

Attorney(s) appearing for the Case

Heath & Kirwan, Bozeman, Peter Kirwan argued, Bozeman, Patrick F. Hooks, Townsend, Loble & Pauly, Helena, Henry Loble and Bruce Loble argued, Helena, John V. Potter argued, White Sulphur Springs, Small & Hatch, Helena, Floyd Small argued, Helena, Gary Spaeth argued, Helena, Robert T. Cummins appeared, Helena, for plaintiff and appellant.

Berg, Angel, Andriolo & Morgan, Bozeman, Ben E. Berg, Jr., argued, Bozeman, for defendant, appellant and respondent.

SHEA, Justice.

This is a multiple appeal from the findings of fact, conclusions of law and decree entered by the District Court, Meagher County, adjudicating water rights to Sheep Creek and its principal tributaries.

Sheep Creek, which is located entirely in Meagher County, originates in the Little Belt Mountains. It flows from the mountains in a westerly direction to a point where it merges with the Smith River. Sheep Creek carries large quantities of water...

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