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MONTANA POWER CO. v. CAREY

No. 83-323.

685 P.2d 336 (1984)

The MONTANA POWER COMPANY, A Montana Corporation, Petitioner, Respondent and Cross-Appellant, v. Martin CAREY, Walt Dutton; Jessie S. Felsheim; Susanne L. Huckaba; Mary Leavitt; Robert McDowell; Remi and Betty Jo Monforton; Department of Natural Resources and Conservation: Frank Shaw; Jim Simonish; and Norma and Ernest Tebay, Defendants and Appellants, and In the Matter of the APPLICATION FOR BENEFICIAL WATER USE PERMIT NO. 24921-S41E by Remi and Betty MONFORTON, Petitioners and Respondents.

Supreme Court of Montana.

Decided June 28, 1984.

Rehearing Denied August 2, 1984.

Attorney(s) appearing for the Case

Leaphart Law Firm, Helena, W. William Leaphart argued, for Felsheim & Huckaba.

Robert Lane, Helena, argued, for D.N.R.

Kline & Nicklas, Helena, for Dutton & McDowell.

Moore, Rice, O'Connell & Refling, Bozeman, David C. Moon argued for Monfortons.

Gough, Shanahan, Johnson & Waterman, Helena, Ronald Waterman, Helena, argued for Mt. Power.

Ted J. Doney, Montana Water Development Assoc., Helena, for amicus curiae.

MORRISON, Justice.

This appeal arises from two consolidated cases that originated as petitions for judicial review of a Department of Natural Resources and Conservation (DNRC's) final order which granted the Monforton's beneficial water use permit.

Monfortons applied for the use permit in October 1979 to appropriate water from Cold Springs, a tributary of the Boulder River. Montana Power Co. (MPC) and downstream irrigators (Huckaba/Felsheim) filed timely objections...

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