MATTER OF SAGE CREEK DRAINAGE AREA

Nos. 87-528, 88-92.

763 P.2d 644 (1988)

In the Matter of the Adjudication of the Existing Rights to the Use of all the Water, Both Surface and Underground, Within the SAGE CREEK DRAINAGE AREA, Including all Tributaries of the Sage Creek in Liberty and Hill Counties, Montana. In the Matter of the Adjudication of the Existing Rights to the Use of all the Water, Both Surface and Underground Within the BOULDER RIVER DRAINAGE AREA Including all Tributaries of the Boulder River, Tributary of the Yellowstone River, in Sweet Grass and Park Counties, Montana.

Supreme Court of Montana.

Decided October 11, 1988.


Attorney(s) appearing for the Case

Moore, Rice, O'Connell & Refling, David Moon, argued, J. David Penwell, argued, Bozeman, for appellant.

Lilly, Andriolo & Schraudner, Leanne Schraudner, argued, Matthew W. Williams, Bozeman, Edward Borer, Keith Tokerud, argued, Great Falls, Kenneth P. Pitt, Asst. U.S. Atty., Missoula, Eileen Shore, Dept. Fish, Wildlife & Parks, Helena, Linda Hickman, Water Master, Bozeman, John R. Hill, Jr., argued, U.S. Dept. Justice, Denver, Colo., for respondent.


SHEEHY, Justice.

We determine in these cases consolidated for appeal that there is no right of appeal granted to a water right claimant under the state water rights adjudication process [§ 85-2-201, -243, MCA], except from a final decree entered under § 85-2-234, MCA; that the Montana Rules of Civil Procedure are included in the rules that govern the practice of the Water Courts [Rule 1.II(2), Water Claims Examination Rules]; that Rule 54(b) of the Montana...

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