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IN RE KELLY

No. DA 09-0313.

224 P.3d 640 (2010)

2010 MT 14

In the Matter of the Water Complaint of Charles E. KELLY, Ph.D and Amelia C. Kelly; and Clarice Dreyer and Steve Kelly, Petitioners and Appellants.

Supreme Court of Montana.

Decided February 2, 2010.

Attorney(s) appearing for the Case

For Appellants Charles E. Kelly, Ph.D. and Amelia C. Kelly: Brian K. Gallik, Bonnie L. Jarrett, Goetz, Gallik & Baldwin, P.C., Bozeman, Montana.

For Appellants Clarice Dreyer and Steve Kelly: Clarice Dreyer and Steve Kelly (Self-Represented), Bozeman, Montana.

For Appellee: Michael J.L. Cusick, Moore, O'Connell & Refling, P.C., Bozeman, Montana.

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

¶ 1 Plaintiffs Clarice Dreyer and Steve Kelly (Dreyer-Kellys) and Amelia C. Kelly1 appeal from decisions of the Eighteenth Judicial District Court denying the plaintiffs' dissatisfied water users' complaints. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 The plaintiffs in this case are the owners of water rights in the Middle Cottonwood Creek...

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