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BOSTWICK PROPERTIES v. DEPT. OF NAT'L RES.

No. DA 12-0007.

296 P.3d 1154 (2013)

2013 MT 48

BOSTWICK PROPERTIES, INC., Petitioner and Appellant, v. MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION, Respondent, Appellee and Cross-Appellant.

Supreme Court of Montana.

Decided February 27, 2013.

Attorney(s) appearing for the Case

For Appellant: Brian K. Gallik , Goetz, Gallik & Baldwin, P.C., Bozeman, Montana; Matthew W. Williams , Williams and Jent, PLLP, Bozeman, Montana.

For Appellee: Brian C. Bramblett , Anne W. Yates , Montana Department of Natural Resources and Conservation; Helena, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Bostwick Properties, Inc. (Bostwick) sought a water use permit from the Montana Department of Natural Resources and Conservation (DNRC). DNRC denied the water use permit. Bostwick petitioned for review by the District Court. The District Court agreed with DNRC that Bostwick had failed to prove no net depletion of surface water and lack of adverse effect, as required by § 85-2-360, MCA, and therefore...

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