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MATTER OF BENEFICIAL WATER USE PERMITS

No. 95-080.

923 P.2d 1073 (1996)

In The Matter of the Application for BENEFICIAL WATER USE PERMIT NOS. 66459-76L, CIOTTI; 64988-G76L, STARNER; and Application for Change of Appropriation Water Right No. G15152-S76l, Pope.

Supreme Court of Montana.

Decided August 22, 1996.

As Amended on Denial of Rehearing September 24, 1996.

Attorney(s) appearing for the Case

Daniel F. Decker (argued), and John B. Carter, Tribal Legal Department, Confederated Salish and Kootenai Tribes, Pablo, Montana James H. Goetz (argued), Goetz, Madden & Dunn, Bozeman, for Appellant.

Joseph P. Mazurek, Attorney General, Harley R. Harris (argued), Assistant Attorney General, Tim D. Hall (argued) and Donald D. MacIntyre, Special Assistant Attorneys General, Department of Natural Resources and Conservation, Helena, for Respondent.

TRIEWEILER, Justice.

On April 30, 1985, the Confederated Salish and Kootenai Tribes of the Flathead Reservation (Tribes) filed an objection with the Montana Department of Natural Resources and Conservation (DNRC) to an application by Frank Pope, a non-Indian landowner on the reservation, for an authorization to change his point of diversion and place of use of a portion of his on-reservation water right. Between February 10, 1987, and September 16, 1987, the Tribes...

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