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MATTER OF MUSSELSHELL RIVER DRAINAGE

No. 90-468.

840 P.2d 577 (1992)

In The Matter of the Adjudication of the Existing Rights To the use of all the Water, Both Surface and Underground, within the MUSSELSHELL RIVER DRAINAGE AREA Above Roundup, Including All Tributaries of the Musselshell River Above Roundup in Wheatland, Golden Valley, Meagher, Fergus, Musselshell, Sweet Grass, Park, Yellowstone, and Stillwater Counties, Montana.

Supreme Court of Montana.

Decided October 8, 1992.

Attorney(s) appearing for the Case

Laurence R. Martin and Sol Lovas, Felt, Martin, Frazier & Lovas, Billings. for Appellants:

John R. Christensen, Christensen & Hubble, Stanford. for Respondent:

Faye Bergan, Dept. of Legal Counsel, Dept. of Natural Resources & Conservation, Helena. for amicus curiae:

GRAY, Justice.

Rueben C. and Lavone M. Pitsch appeal from an adjudication of water right claims in Big Coulee Creek, a tributary of the Musselshell River, by the Montana Water Court, the Honorable Bernard W. Thomas presiding. We affirm.

We address the following issues on appeal:

1. Did the Water Court err in determining that the 1893 and 1921 water rights claimed by appellants were abandoned?

a. Should this Court expressly overrule 79 Ranch...

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