THE CLARK FORK COALITION, a non-profit organization Katrin Chandler, an individual, Betty J. Lannen, an individual, Polly Rex, an individual, and Joseph Miller, an individual, Petitioners and Appellees,
v.
John E. TUBBS, in his capacity as Director of the Montana Department of Natural Resources and Conservation and the Montana Department of Natural Resources and Conservation, an executive branch agency of the State of Montana, Respondents,
v.
Montana Well Drillers Association, Intervenors and Appellants,
v.
Montana Association of Realtors and Montana Building Industry Association, Intervenors and Appellants,
v.
Mountain Water Company, Intervenor.
Supreme Court of Montana.https://leagle.com/images/logo.png
Argued and Submitted: May 18, 2016.
Decided: September 13, 2016.
Attorney(s) appearing for the Case
For Appellants: Abigail J. St. Lawrence (Argued), Bloomquist Law Firm, Helena, Montana (Attorney for MAR and MBIA), Ryan K. Mattick (Argued), Moore, O'Connell & Refling, P.C., Bozeman, Montana (Attorney for Montana Well Drillers Association).
For Appellees: Laura King (Argued), Matthew K. Bishop , Western Environmental Law Center, Helena, Montana (Attorneys for the Clark Fork Coalition), Stephen R. Brown (Argued), J. Andrew Person , Garlington, Lohn & Robinson, PLLP, Missoula, Montana (Attorneys for Mountain Water Company).
For Amicus Curiae: Tara DePuy , Attorney at Law, PLLC, Livingston, Montana (Attorney for Montana Associate of Counties), Steven J. Fitzpatrick , Browning, Kaleczyc, Berry & Hoven, PC, Great Falls, Montana, Jesse J. Richardson, Jr. , Attorney at Law, Morgantown, West Virginia (Attorneys for Water Systems Council), Jack R. Tuholske , Attorney at Law, Missoula, Montana (Attorney for Bitterrooters for Planning, et al.), Thomas J. Jodoin , City Attorney, Helena, Montana, Chris D. Tweeten , Tweeten Law, P.L.L.C., Missoula, Montana (Attorneys for Montana League of Cities and Towns), Laura S. Ziemer , Patrick Byorth , Meg Casey , Stan Bradshaw, Montana Trout Unlimited, Bozeman, Montana.
JusticeLaurie McKinnon delivered the Opinion of the Court.
¶ 1 The Water Use Act provides a comprehensive permit based system for new appropriations of water in Montana. The Act permits certain groundwater appropriations to be exempt from the permitting process. Relevant here, § 85-2-306(3)(a)(iii), MCA, provides an exemption when a groundwater...
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