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DEPARTMENT OF STATE LANDS v. PETTIBONE

No. 83-281.

702 P.2d 948 (1985)

In the Matter of the Adjudication of the Existing Rights To the Use of All the Water, Both Surface and Underground, Within the Powder River Drainage Area, Including All Tributaries of the Powder River in Carter, Custer, Fallon, Prairie, and Powder River Counties, Montana. DEPARTMENT OF STATE LANDS, Objector and Appellant, v. Walter PETTIBONE, David and Melinda Bliss, Ernest and Peggy Tooke, Giacomette Ranch, P.J. Ranch, Elmer Oedekoven, E. Amory Hubbard, Cinch Buckle Ranch, Mallet Cattle Company, Robert F. Hardy Trust, Alvin and Helen Irion, Hardy Land & Livestock Company, and Bales Ranch, Claimants and Respondents.

Supreme Court of Montana.

Decided June 18, 1985.

Attorney(s) appearing for the Case

Lyle Manley argued, Dept. of State Lands, Helena, John F. North, Dept. of State Lands, for objector and appellant.

John Carr argued, Bliss & Bales Ranch, Miles City, for claimants and respondents.

Albert W. Stone, U of M Law School, Missoula, amicus curiae.

Gough, Shanahan, Johnson & Waterman; Ronald F. Waterman, Helena, argued, for Montana Stockgrowers Assoc., amicus curiae.

GULBRANDSON, Justice.

The State of Montana appeals from the Powder River Final Decree holding title to certain water rights to be vested in respondents. We reverse.

The State of Montana, Department of State Lands, objected to the portion of the Powder River Preliminary Decree that awarded title of certain water rights to the above-named respondents, all lessees of State school trust lands. All of the factual disputes, as to flow, source and place of diversion...

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