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TOWN OF MANHATTAN v. DNRC

No. DA 11-0545.

276 P.3d 920 (2012)

2012 MT 81

TOWN OF MANHATTAN, Petitioner and Appellant, v. DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION OF the STATE of Montana, Respondent and Appellee.

Supreme Court of Montana.

Decided April 17, 2012.

Attorney(s) appearing for the Case

For Appellant: Matthew W. Williams ; Williams & Jent, Bozeman, Montana, Jane Mersen ; Kasting, Kauffman & Mersen, P.C., Bozeman, Montana.

For Appellee: Brian C. Bramblett , Anne W. Yates , Candace F. West ; Special Assistant Attorneys General, Montana Department of Natural Resources and Conservation, Helena, Montana.

For Amici Curiae: Stephen R. Brown ; Garlington, Lohn & Robinson PLLP, Missoula, Montana (for Mountain Water Company), Laura S. Ziemer , Attorney at Law, Meg Casey , Legal Intern, Bozeman, Montana (for Trout Unlimited); David Weaver , Attorney at Law, Bozeman Montana (for Association of Gallatin County Irrigators), Holly Jo Franz , Franz & Driscoll, PLLP, Helena, Montana (for Montana Farm Bureau Federation, Montana Water Resources Association and PPL, Montana, LLC).

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 The Town of Manhattan, Montana, appeals from the District Court's "Order Re Petition for Judicial Review" filed August 17, 2011. We affirm.

PROCEDURAL AND FACTUAL BACKGROUND

¶ 2 In 2008 the Town filed an application with the Montana Department of Natural Resources and Conservation pursuant to § 85-2-402, MCA, seeking approval for proposed changes to its municipal well...

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