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SALISH AND KOOTENAI TRIBES v. STULTS

No. 01-415.

59 P.3d 1093 (2002)

2002 MT 280

THE CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE FLATHEAD RESERVATION, State of Montana, Petitioners, v. Jack STULTS, Administrator, Water Resources Division, Montana Department of Natural Resources and Conservation; Bud Clinch, Director, Montana Department of Natural Resources Conservation; Montana Department of Natural Resources and Conservation; Donald D. MacIntyre, Special Assistant Attorney General, Montana Department of Natural Resources and Conservation; Reginald C. Lang, Respondents.

Supreme Court of Montana.

Decided December 6, 2002.

Attorney(s) appearing for the Case

James H. Goetz (argued), Goetz, Gallik, Baldwin & Dolan, PC, Bozeman, Montana, John B. Carter (argued), Daniel F. Decker, Confederated Salish and Kootenai Tribes, Pablo, Montana, For Petitioners.

Greg L. Ingraham (argued), Ingraham Law Firm, Ronan, Montana, Harley R. Harris (argued), Gary L. Davis, Candace Payne, Special Assistant Attorneys General, Luxan & Murfitt, PLLP, Helena, Montana, Hon. Mike McGrath, Attorney General; Candace West (argued), Assistant Attorney General, Helena, Montana, For Respondents.

Justice TERRY N. TRIEWEILER delivered the Opinion of the Court.

¶ 1 The Petitioners, the Confederated Salish and Kootenai Tribes of the Flathead Reservation, have petitioned this Court to exercise original jurisdiction and enjoin the issuance of a Beneficial Water Use permit to Reginald C. Lang. The Tribes further request that we find the Department of Natural Resources and Conservation (DNRC) and the individual Respondents, Jack Stults, Bud Clinch and Donald...

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