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STATE EX REL. INTAKE WATER v. BD., ETC.

No. 81-209.

645 P.2d 383 (1982)

STATE ex rel., INTAKE WATER CO., a Delaware Corporation Plaintiff and Relator and Appellant, v. BOARD OF NATURAL RESOURCES & CONSERVATION Of the STATE OF MONTANA et al., Defendants, Respondents and Respondents, and Utah International, Incorporated, a Delaware Corporation, Defendant, Respondent and Respondent.

Supreme Court of Montana.

Decided April 15, 1982.

Rehearing Denied May 13, 1982.

Attorney(s) appearing for the Case

Henry Loble, argued, and Peter Pauly, argued, Loble and Pauly, Helena, for plaintiff and relator and appellant.

Donald MacIntyre, Dept. of Natural Resources, argued, Helena, for defendants, respondents and respondents.

Poore, Roth, Robinson, Urban L. Roth, argued, Butte, for defendant, respondent and respondent.

HASWELL, Chief Justice.

Relator Intake Water Company filed a petition for a writ of mandate to compel the Board of Natural Resources and Conservation and the Department of Natural Resources and Conservation to assign a priority date of January 14, 1975, to the water rights application of defendant Utah International, Inc. The District Court dismissed Intake's petition. We affirm.

On November 20, 1973, Utah filed its application in Wyoming, on Wyoming forms...

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