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MARKS v. 71 RANCH, LP

No. DA 13-0489.

334 P.3d 373 (2014)

2014 MT 250

Donald C. MARKS, Objector and Appellant, v. 71 RANCH, LP, Claimant and Appellee.

Supreme Court of Montana.

Decided September 16, 2014.

Attorney(s) appearing for the Case

For Appellant: Donald C. Marks, self-represented; Helena, Montana.

For Appellee: John P. Poston , Attorney at Law; Helena, Montana, W. John Tietz , Mark R. Taylor ; Browning, Kaleczyc, Berry & Hoven, P.C.; Helena, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Donald C. Marks (Marks) appeals from the decision of the Montana Water Court (Water Court), dismissing his objection to the claimed point of diversion and place of use for water rights owned by 71 Ranch, LP (71 Ranch). We affirm.

¶ 2 We address the following issue on appeal:

¶ 3 Did the Water Court err by concluding that Marks failed to present sufficient evidence to rebut...

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