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IN RE DEPT. OF NAT. RES. & CONSERVATION

No. 86-397.

740 P.2d 1096 (1987)

In re the Matter of the Activities of the DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION, Their Board of Directors, Larry Fasbender, director of DNRC, and Gary Fritz, Administrator, Department of Natural Resources Division, To Place Under MAPA, the Examination Procedures Conducted Pursuant To Section 85-2-243, MCA.

Supreme Court of Montana.

Decided March 31, 1987.

Attorney(s) appearing for the Case

Donald D. MacIntyre (argued), Dept. of Natural Resources, G. Steven Brown (argued), Helena, for appellant.

W.W. Lessley (argued), Chief Water Judge, Bozeman, B.W. Thomas, Water Judge, Chinook, Robert M. Holter, Water Judge, Libby, Roy Rodeghiero, Water Judge, Roundup, Edward Steinmetz (argued), Water Master, Bozeman, for respondent.

K. Paul Stahl (argued), Montana Power Co., Helena, R. Blair Strong, Washington Water Power Co., Spokane, Wash., for amicus curiae.

SHEEHY, Justice.

We interpret and define in this case to the extent raised by the issues the respective statutory authorities granted by present law to the water courts, the chief water judge and the water court judges of Montana, on the one hand, and the Department of Natural Resources and Conservation (DNRC) and the Board of Natural Resources and Conservation (BNRC) on the other hand.

This cause is before us on appeal by the BNRC and the DNRC from two orders...

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