No. 81-240.

648 P.2d 766 (1982)

STATE ex rel., Robert H. WILSON, Relator and Appellant, v. DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION OF the STATE OF MONTANA, WATER RESOURCES DIVISION, Respondent and Appellant, v. William H. WALTON and Marion Walton, Intervenors and Respondents.

Supreme Court of Montana.

Decided July 14, 1982.

Rehearing Denied August 5, 1982.

Attorney(s) appearing for the Case

Hooks & Budewitz, Townsend, Patrick F. Hooks argued, Townsend, for relator and appellant.

Josephson & Fredricks, Big Timber, Conrad B. Fredricks argued, Big Timber, for intervenors and respondents.

WEBER, Justice.

This appeal arises from the District Court's granting attorney's fees to Intervenors following a hearing to determine water rights, in the Thirteenth Judicial District, Yellowstone County. We reverse the District Court.

The sole issue on appeal is whether Intervenors (Waltons) are entitled to attorney's fees from Relator (Wilson). Wilson and Waltons owned adjacent property in Yellowstone County. Waltons purchased their property in 1963, and...

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