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IN RE ADJUD. OF EXIST. RIGHTS TO USE WATER

No. 00-100.

55 P.3d 396 (2002)

2002 MT 216

In the Matter of the ADJUDICATION OF THE EXISTING RIGHTS TO THE USE OF ALL THE WATER, Both Surface and Underground, Within the Missouri River Drainage Area, Including All Tributaries of the Missouri River in Broadwater, Cascade, Jefferson and Lewis and Clark Counties, Montana (Basin 41I).

Supreme Court of Montana.

Decided September 24, 2002.

Attorney(s) appearing for the Case

G. Steven Brown (argued), Attorney at Law, Helena, Montana, Robert N. Lane, Montana Department of Fish, Wildlife and Parks, Helena, Montana, For Appellant.

C. Bruce Loble (argued), Chief Water Judge; Colleen Coyle, Water, Master, Montana Water Court, Bozeman, Montana, For Respondent.

David W. DePuy (argued), DePuy Law Firm, P.C., Livingston, Montana; William L. Madden, Jr., William L. Madden, Jr. P.C., Bozeman, Montana, (Estate of Eva S. DePuy), Lois J. Schiffer, Assistant Attorney General; Jeffrey Dobbins and Mark R. Haag (argued), Attorneys, United States Department of Justice; Alexandra L. Davis, Office of the Solicitor, United States Department of Interior (United States of America), Laura Ziemer (argued), Bozeman, Montana (Montana State Council of Trout Unlimited), John E. Bloomquist (argued), Doney, Crowley, Bloomquist & Uda, Helena, Montana (Montana Stockgrowers Association), Senator Lorents Grosfield, Big Timber, Montana (Pro Se), For Amici Curiae.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 The Montana Department of Fish Wildlife and Parks (DFWP) appeals a ruling by the Chief Water Judge on five pre-1973 water rights claims in the Missouri River basin. The five claims are based on diversions of water for purposes of fish, wildlife or recreation. The Water Court ruling refers to In the Matter of Dearborn Drainage Area (1988), 234 Mont. 331, 766 P.2d 228

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