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MONTANA TROUT UNLIMITED v. MONTANA DNRC

No. 05-069.

133 P.3d 224 (2006)

2006 MT 72

331 Mont. 483

MONTANA TROUT UNLIMITED; McGuire's South Fork, LLC; Fredrick C. Buckingham; Juanita Polston; Boyd Stanley; Hugh Hasting; Will Kurtz; Edwin Morgens; High Lonesome Ranch, LP; Henry C. McMicking; Mike Geary d/b/a Smith River Outfitters, Pro Outfitters; and Montana River Anglers, LLC, Petitioners and Appellants, v. MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION; Arthur R. Clinch, as its Director; and Jack Stults, as Administrator of its Water Resources Division, Respondents and Respondents, and Riverside Ranch, Co.; Louise Galt, and William Galt, Intervenors.

Supreme Court of Montana.

Decided April 11, 2006.

Attorney(s) appearing for the Case

Peter Michael Meloy, Jennifer S. Hendricks and Robin McGuire, Meloy Trieweiler, Helena, Montana, for Appellants.

Tim D. Hall, Special Assistant Attorney General, Department of Natural Resources and Conservation, Helena, Montana, for Respondents.

David R. Stewart and John E. Bloomquist, Doney Crowley Bloomquist Payne Uda, P.C., Helena, Montana, for Intervenor Riverside Ranch.

Russell McElyea and Jennifer L. Farve, Moore, O'Connell & Refling, P.C., Bozeman, Montana, for Intervenor Galt.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Montana Trout Unlimited and eleven other petitioners (hereafter collectively "Trout Unlimited") appeal from the decision of the District Court for the First Judicial District, Lewis and Clark County, granting summary judgment in favor of the Montana Department of Natural Resources and Conservation (DNRC) and Intervenors Riverside Ranch Co., Louise Galt and William Galt. We reverse and remand.

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