McDONALD v. STATE

No. 85-468.

722 P.2d 598 (1986)

Esther McDONALD, John McDonald, Jr., and Eugene Manley, individually as representatives of the Granite County Water Users Association, et al., Petitioners, v. The STATE of Montana, and the Water Courts of the State of Montana, Respondents.

Supreme Court of Montana.

Decided April 8, 1986.

Rehearing Denied August 4, 1986.


Attorney(s) appearing for the Case

Josephson & Fredricks, Richard Josephson argued, Big Timber, for petitioners.

W.W. Lessley argued, Chief Water Judge, Bozeman, Mike Greely, Atty. Gen., Clay R. Smith, Asst. Atty. Gen., Helena, Ed Steinmetz, Water Master, Bozeman, for respondents.


SHEEHY, Justice.

We determine here that the provisions of § 85-2-234, MCA, applicable to final decrees issued by the Water Courts (and also applicable to preliminary decrees under § 85-2-231, MCA), requiring the final decree to state "the amount of water, rate and volume included in the [water] right" are not unconstitutional as to direct flow irrigation water rights that have not heretofore been historically decreed or defined in terms of volume.

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