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MATTER OF DEARBORN DRAINAGE AREA

No. 88-093.

766 P.2d 228 (1988)

In the Matter of the Adjudication of the Existing Rights to the Use of All the Water Both Surface and Underground, Within the DEARBORN DRAINAGE AREA, Including All Tributaries of the Dearborn River In Cascade And Lewis and Clark Counties, Montana.

Supreme Court of Montana.

Decided October 19, 1988.

Attorney(s) appearing for the Case

Robert N. Lane, argued, Helena, for appellant.

Moore, Rice, O'Connell & Refling, Perry J Moore, argued, David C. Moon and Dorothy L. Brownlow, Bozeman, James D. Rector, Glasgow, W.G. Gilbert, Jr., Dillon, James J. Bottomly, Bozeman, William R. Morse, Absarokee, John M. Dietrich, Billings, John C. Doubek, Lisa Leckie, Helena, Chris Mangen, Jr., Billings, for respondent.

Montana Wildlife Federation and Trout Unlimited, Stan Bradshaw, Helena, Thomas M. France, Missoula, for amicus curiae.

SHEEHY, Justice.

We hold here that the Water Court was correct in determining on August 27, 1987, that the Department of Fish, Wildlife and Parks (DFWP) does not have a valid pre-1973 appropriation water right claim to the in-lake or in-stream waters of Bean Lake, situated in the Dearborn River Drainage area.

Bean Lake is a natural pothole lake, lying across the four common corners of Sections 13 and 14, Township 18 North, Range 7 West, and Sections 18 and...

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