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CLARK FORK COALITION v. TUBBS

DA 15-0746.

399 P.3d 295 (2017)

2017 MT 184

The CLARK FORK COALITION, a non-profit organization with senior water rights, Katrin Chandler, an individual with senior water rights Betty J. Lannen, an individual with senior water rights, Polly Rex, an individual with senior water rights, and Joseph Miller, an individual with senior water rights, Petitioners and Appellees, v. John E. TUBBS, in his official capacity as Director of the Montana Department of Natural Resources and Conservation and the Montana Department of Natural Resources and Conservation (DNRC), an executive branch agency of the State of Montana, Respondents and Appellants.

Supreme Court of Montana.

Decided: July 25, 2017.

Attorney(s) appearing for the Case

For Appellants: Brian C. Bramblett , Laura Farkas , Special Assistant Attorneys General, Montana Department of Natural Resources and Conservation, Helena, Montana.

For Appellees: Matthew K. Bishop , Laura King , Western Environmental Law Center, Helena, Montana.

¶ 1 The Clark Fork Coalition, Katrin Chandler, Betty Lannen, Polly Rex, and Joseph Miller (collectively, "the Coalition") challenged the validity of a Department of Natural Resources and Conservation administrative rule concerning groundwater appropriations exempt from permitting requirements...

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