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MONTANA TROUT UNLTD. v. BEAVERHEAD WATER

No. DA 10-0382.

255 P.3d 179 (2011)

2011 MT 151

MONTANA TROUT UNLIMITED, Objector and Appellant, v. BEAVERHEAD WATER COMPANY, Garrison Ranches, Inc., Paul H. Cleary, Jr. Trust, Montana Board of Land Commissioners, Hairpin LC, Spenco LLC, Claimants and Appellees.

Supreme Court of Montana.

Decided June 23, 2011.

Attorney(s) appearing for the Case

For Appellant: Laura S. Ziemer , Patrick Byorth (argued) (attorneys), E. Rebecca Gantt , (law student intern); Montana Trout Unlimited, Bozeman, Montana.

For Appellees: John E. Bloomquist (argued), Patti L. Rowland , Abigail J. St. Lawrence ; Doney Crowley Bloomquist Payne Uda P.C., Helena, Montana (for Appellees Beaverhead Water Company; Garrison Ranches, Inc.; and Paul H. Cleary, Jr. Trust), Holly Jo Franz (argued); Franz & Driscoll, PLLP, Helena, Montana (for Appellees Hairpin LC and Spenco LLC).

For Amicus Curie: William A. Schenk (argued), Agency Legal Counsel, Special Assistant Attorney General, Montana Department of Fish, Wildlife and Parks, Helena, Montana (in support of Appellant Montana Trout Unlimited).

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Montana Trout Unlimited (MTU) appeals from the Water Court's order filed June 4, 2010, dismissing its objections to water right claims by Beaverhead Water Company, Garrison Ranches and the Paul H. Cleary, Jr. Trust (Claimants). Those claims were contained in the Water Court's Temporary Preliminary Decree for the Big Hole River Basin issued on April 6, 2007. We reverse.

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