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MIELKE v. DALY DITCHES IRR. DIST.

No. 85-617.

731 P.2d 927 (1987)

Percy A. MIELKE and Deborah G. Mielke, Plaintiffs and Respondents, v. DALY DITCHES IRRIGATION DISTRICT and Board of Commissioners of Daly Ditches Irrigation District, Defendants and Appellants, DALY DITCHES IRRIGATION DISTRICT and Board of Commissioners of Daly Ditches Irrigation District, Third-Party Plaintiffs and Appellants, v. The STATE of Montana and Department of Natural resources and Conservation of the State of Montana, Third-Party Defendants and appellants.

Supreme Court of Montana.

Decided January 16, 1987.

Attorney(s) appearing for the Case

Larry Persson argued, Hamilton, for Daly Ditches.

Candace West argued, Helena, for Dept. Natural Resources.

Jeffrey H. Langton argued, Hamilton, for Mielke.

SHEEHY, Justice.

The Daly Ditches Irrigation District, the State of Montana and the Department of Natural Resources and Conservation (DNRC) of the State of Montana appeal herein from a final decision of the District Court, Fourth Judicial District, County of Ravalli, which held that the plaintiffs Percy and Deborah Mielke have a first priority water right for irrigation from Gird Creek on the basis of adverse use.

We determine under the facts of this case...

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