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SERENA VISTA v. DEPT. OF NAT. RES. AND CON.

No. DA 06-0759.

179 P.3d 510 (2008)

2008 MT 65

342 Mont. 73

SERENA VISTA, L.L.C., Petitioner and Appellant, v. STATE OF MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION, Respondent and Appellee.

Supreme Court of Montana.

Decided February 26, 2008.

Attorney(s) appearing for the Case

For Appellant: D. Scott Manning, Sullivan, Tabaracci & Rhoades, P.C., Missoula, Montana.

For Appellee: Anne W. Yates, Tim D. Hall, Britt T. Long, Special Assistant Attorneys General, Helena, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Serena Vista, L.L.C. (Serena Vista) is a Wyoming limited liability company registered to do business in Montana. It owns real property in Ravalli County, Montana, and holds established water rights associated with the property. The Montana Department of Natural Resources and Conservation (DNRC), the agency authorized to regulate water rights in Montana, alleged that Serena Vista had created a...

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