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GRANITE DITCH CO. v. ANDERSON

No. 82-233.

662 P.2d 1312 (1983)

GRANITE DITCH CO., et al., Plaintiffs, v. William ANDERSON, et al., Defendants. Charles DESCHEEMAEKER, George W. Gauger and Will G. Metz, Jr., Petitioners and Respondents, v. Larry PIHLAJA, Respondent and Appellant.

Supreme Court of Montana.

Decided May 5, 1983.

Attorney(s) appearing for the Case

Anderson, Brown, Gerbase, Cebull & Jones, Andrew J. Lensink, Billings, for respondent and appellant.

Ayers & Alterowitz, Arthur W. Ayers, Jr., Red Lodge, for petitioners and respondents.

Donald D. MacIntyre, Dept. of Natural Resources, Helena, for amicus curiae.

MORRISON, Justice.

This action was instituted in the District Court of the Thirteenth Judicial District of the State of Montana, County of Carbon, requesting the District Court to amend a water rights decree entered in 1970 and to declare petitioners' water rights senior to those of respondent, here the appellant. On December 16, 1981, the District Court entered its order "clarifying" the decree entered in 1970. The effect of the court's order was to find the waters...

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