STATE EX REL. GREELY v. WATER COURT OF STATE

No. 84-333.

691 P.2d 833 (1984)

STATE of Montana, ex rel., Mike Greely, Attorney General, Petitioner, v. WATER COURT of the STATE of MONTANA, and the Hon. W.W. Lessley, Chief Water Judge, et al., Respondents.

Supreme Court of Montana.

Decided December 18, 1984.

As Amended January 14, 1985.


Attorney(s) appearing for the Case

Mike Greely argued, Atty. Gen., Helena, Chris Tweeten argued, Asst. Atty. Gen., Helena, for petitioner.

Sarah Arnott argued, Bozeman, for respondents Hon. W.W. Lessley, Chief Water Judge, Hon. B.W. Thomas, District Judge, Hon. Robert M. Holter, District Judge and Hon. Roy C. Rodeghiero, District Judge.

James H. Goetz argued, Salish and Kootenai Tribes, Bozeman, Blake Watson argued, U.S. Dept. of Justices for Fed. Agencies, Washington, D.C., Daniel F. Decker, Pablo, Jeanne S. Whitening, Boulder, Colo., Robert S. Pelsyger, Boulder, Colo., Frances Lame Bull, Billings, Edward L. Meredith, Billings, Joseph R. Membrino, Washington, D.C., Joseph J. McKay, Browning, Reid Peyton, Washington, D.C., Philip E. Roy, Browning, Thomas E. Luebben, Albuquerque, N.M., Allen E. Rowland, Lame Deer, Norman Hollow, Poplar, Donald Stewart, Crow Agency, Joseph Felsman, Pablo, Earl Old Person, Browning, Franklin R. Perez, Harlem, John Windy Boy, Belcourt, N.D., William H. Veeder, Washington, D.C., for amicus curiae.


WEBER, Justice.

The Attorney General for the State of Montana, pursuant to Rule 17, M.R.App. Civ.P., has petitioned this Court for an exercise of its supervisory power over the Water Court of the State of Montana and the judges of that court, in their conduct of the litigation commenced in this Court pursuant to section 85-2-211, MCA, under cause no. 14833. The questions as presented in that application were:

1. Notwithstanding...

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