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  5. 782 P.2d 898 (1989)
 

MATTER OF DEARBORN DRAINAGE AREA

No. 89-288.

782 P.2d 898 (1989)

In the Matter of the Adjudication of the Existing Rights in 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. DEPARTMENT OF FISH, WILDLIFE AND PARKS, Claimant and Appellant, v. MONTANA STOCKGROWERS ASSOCIATION, INC., Respondent and Respondent.

Supreme Court of Montana.

Decided November 21, 1989.

Attorney(s) appearing for the Case

Robert N. Lane, Chief Legal Counsel, Dept. of Fish, Wildlife & Parks, Helena, for claimant and appellant.

Perry T. Moore, Moore, O'Connell, Refling & Moon, P.C., Bozeman, for respondent and respondent.

McDONOUGH, Justice.

This is an appeal from a judgment of the Water Court, Upper Missouri Division, finding the appellant, the Montana Department of Fish, Wildlife and Parks (Department), liable for attorneys' fees and costs incurred by the Montana Stockgrowers Association, Inc. (Stockgrowers). We reverse.

The sole issue on appeal is:

Whether the Water Court erred in awarding attorneys' fees and costs to the Stockgrowers, who prevailed against the Department...

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