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BITTERROOT RIVER PROTECTIVE ASS'N v. SIEBEL

No. 03-753.

108 P.3d 518 (2005)

2005 MT 60

326 Mont. 241

BITTERROOT RIVER PROTECTIVE ASSOCIATION, INC., Petitioner, Respondent and Cross-Appellant, v. Kenneth F. and Judith A. SIEBEL and The Montana Department of Natural Resources and Conservation, Respondents and Appellants.

Supreme Court of Montana.

Submitted June 29, 2004.

Decided March 9, 2005.

Attorney(s) appearing for the Case

For Appellant Montana Department of Natural Resources & Conservation: Anne W. Yates (argued), Special Assistant Attorney General, Helena, Montana.

For Appellants Kenneth F. and Judith A. Siebel: John Bloomquist (argued), Tom E. Davis, Doney, Crowley, Bloomquist & Uda, P.C., Helena, Montana.

For Respondent Bitterroot River Protective Association, Inc.: Jack R. Tuholske (argued), Sarah K. McMillan, Tuholske Law Office, P.C., Missoula, Montana, David J. Ryan, Ryan Law Offices, P.L.L.C., Missoula, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Kenneth F. and Judith A. Siebel ("Siebels") and the Montana Department of Natural Resources and Conservation ("DNRC") appeal from an Order on Petition for Judicial Review entered on August 4, 2003, in the District Court for the First Judicial District, Lewis and Clark County. Such order denied the Siebels' applications for beneficial water use permits and held in favor of the Bitterroot River Protective...

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