MORRISON v. HIGBEE

No. 82-507.

668 P.2d 1029 (1983)

Peter A. MORRISON, et al., Plaintiffs, v. Erwin P. HIGBEE, et al., Defendants. Thomas MILLER and Lewis Hughes, Appellants, v. James E. ROBERTSON and Ora Megee and Rose M. Megee, Intervenors and Respondents.

Supreme Court of Montana.

Decided June 30, 1983.

Rehearing Denied September 15, 1983.


Attorney(s) appearing for the Case

Morrow & Sedivy, Terry Schaplow, Bozeman, for appellants.

Moore, Rice, O'Connell & Refling, David C. Moon, Bozeman, for intervenors and respondents.


GULBRANDSON, Justice.

Water users, Miller and Hughes, appeal from a judgment ordering them to remove trees and brush from along their irrigation ditches and to allow respondents, Robertson and Megee, to repair and maintain the ditches. The judgment was entered in the District Court of the Fifth Judicial District, Madison County.

The two parallel ditches in question divert water out of South Meadow Creek, which rises in South Meadow Creek Lake in the Beaverhead...

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