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HEAVIRLAND v. STATE

No. DA 12-0759.

311 P.3d 813 (2013)

2013 MT 313

Loren HEAVIRLAND, Sue Heavirland and Lyle A. Weist, Claimants and Appellees, v. STATE of Montana, Objector and Appellant.

Supreme Court of Montana.

Decided October 22, 2013.

Attorney(s) appearing for the Case

For Appellant: Timothy C. Fox , Montana Attorney General, Jeremiah D. Weiner , Assistant Attorney General, Helena, Montana.

For Appellee: Justin B. Lee , Attorney at Law, Choteau, Montana.

Justice MICHAEL E. WHEAT delivered the Opinion of the Court.

¶ 1 The State of Montana appeals from the Montana Water Court's Order that determined Loren Heavirland, Sue Heavirland and Lyle A. Weist (collectively, claimants) produced sufficient evidence to overcome the presumption of abandonment of their water right claim. We affirm.

ISSUES

¶ 2 We address the following issues:

1. Did the Water Court correctly conclude...

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