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WESTERN MONTANA WATER USERS v. MISSION IRR.

No. DA 13-0154.

299 P.3d 346 (2013)

2013 MT 92

WESTERN MONTANA WATER USERS ASSOCIATION, LLC, on behalf of its members, who own irrigated lands with appurtenant water and other water rights within the Mission, Jocko Valley, and Flathead Irrigation Districts, Plaintiff and Appellee, v. MISSION IRRIGATION DISTRICT, Jocko Valley Irrigation District, Flathead Irrigation District, and Flathead Joint Board of Control, Defendants and Appellants.

Supreme Court of Montana.

Decided April 9, 2013.

Attorney(s) appearing for the Case

For Appellants: Jon Metropoulos , Metropolous Law Firm, PLLC; Helena, Montana.

For Appellees: Brian C. Shuck , Shuck/Kuker LLC, Cheyenne, Wyoming, Bob Fain , Attorney at Law, Billings, Montana.

For Amicus Confederated Salish and Kootenai Tribes: John B. Carter , Confederated Salish and Kootenai Tribes, Tribes Legal Department; Pablo, Montana.

For Amicus Montana Reserved Water Rights Compact Commission: Chris D. Tweeten , Chair, Montana Reserved Water Rights Compact Commission; Missoula, Montana.

For Amicus Montana Water Resources Association: Holly Jo Franz , Franz & Driscoll, PLLP; Helena, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 The Mission Irrigation District, Jocko Valley Irrigation District, Flathead Irrigation District, and Flathead Joint Board of Control (collectively Irrigation Districts), appeal a writ of mandate issued by the Twentieth Judicial District Court, Lake County, on February 15, 2013. The writ of mandate enjoined the Irrigation Districts from entering into a Water Use Agreement with the Confederated Salish...

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