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MATTER OF CLARK FORK RIVER DRAINAGE AREA

No. 95-377.

908 P.2d 1353 (1995)

In the Matter of the Adjudication of the Existing Rights to the Use of all the Water, Both Surface and Underground Within the CLARK FORK RIVER DRAINAGE AREA Above the Blackfoot River, Including all Tributaries of the Clark Fork River Above the Blackfoot River in Deer Lodge, Granite, Lewis and Clark, Missoula, Powell, and Silver Bow Counties, Montana. Clifford E. Graveley, Claimant and Appellant, and Graveley Black Mountain Ranch, Clifford E. Graveley, James Bignell, Dan M. Graveley, Jim C. Quigley, William McIntosh, Olive McDonald, Montana Department of Fish, Wildlife & Parks, Objectors and Respondents.

Supreme Court of Montana.

December 21, 1995.

Attorney(s) appearing for the Case

Peter C. Pauly, Helena, for Clifford E. Graveley.

G. Steven Brown, Attorney at Law, Montana Dept. of Fish, Wildlife & Parks, Helena; John Bloomquist, Attorney at Law, Helena (Graveley Black Mountain Ranch);

Cindy E. Younkin, Attorney at Law, Bozeman (Jim C. Quigley);

David L. Pengelly, Attorney at Law, Missoula (James Bignell and Dan Graveley).

Holly Jo Franz, Gough, Shanahan, Johnson & Waterman, Helena, for Montana Mining Assn., AMicus Curiae.

TRIEWEILER, Justice.

Clifford E. Graveley filed a statement of claim for one-half of an existing water right of 350 miners inches (8.75 cfs) from Three Mile Creek in Powell County. Olive McDonald, Jim C. Quigley, Clifford E. Graveley, William McIntosh, Dan M. Graveley, James E. Bignell, the Montana Department of Fish, Wildlife and Parks, and the Graveley Black Mountain Ranch (Respondents) objected to his claim. On March...

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