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KINGSBURY DITCH v. DEPT. OF NATURAL RESOURCES

No. 85-554.

725 P.2d 1209 (1986)

KINGSBURY DITCH CO., Petitioner and Respondent, v. DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION, et al., Respondents and Appellants.

Supreme Court of Montana.

Decided October 9, 1986.

Attorney(s) appearing for the Case

Jardine, Stephenson, Blewett & Weaver, K. Dale Schwanke (argued), Great Falls, for Pondera Canal.

Candace West, Dept. of Natural Resources, Donald D. MacIntyre (argued), Helena, for Dept. of Natural Resources.

Loble & Pauly, Lester Loble (argued), Helena, for Kingsbury Ditch Co.

HUNT, Justice.

Kingsbury Ditch Company filed an application with the Department of Natural Resources and Conservation (DNRC) to change the point of use of a water right as required by the Water Use Act of 1973, § 85-2-402, MCA (1983). Pondera County Canal and Reservoir Company and many others filed objections to the proposed change, and a hearing date was set. During the course of the proceedings, the DNRC hearing examiner made several procedural rulings. Kingsbury...

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