February 19 2009
DA 08-0239
IN THE SUPREME COURT OF THE STATE OF MONTANA
2009 MT 46N
CHOTEAU CATTLE CO.,
Petitioner and Appellant,
v.
CHRISTY and LEW CLARK,
Respondents and Appellees.
APPEAL FROM: District Court of the Ninth Judicial District,
In and For the County of Teton, Cause No. 371
Honorable Laurie McKinnon, Presiding Judge
COUNSEL OF RECORD:
For Appellant:
Matthew Williams; Williams and Jent, PLLP, Bozeman, Montana
For Appellees:
Gregory Wade Duncan; Duncan Law Office, Helena, Montana
Submitted on Briefs: February 4, 2009
Decided: February 18, 2009
Filed:
__________________________________________
Clerk
Chief Justice Mike McGrath delivered the Opinion of the Court.
¶1 Pursuant to Section I, Paragraph 3(d)(v), Montana Supreme Court 1996 Internal
Operating Rules, as amended in 2003, the following memorandum decision shall not be cited
as precedent. It shall be filed as a public document with the Clerk of the Supreme Court and
its case title, Supreme Court cause number and disposition shall be included in this Court’s
quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports.
¶2 This action was filed as a Complaint of Dissatisfied Water User in the Montana Ninth
Judicial District Court, Teton County, pursuant to § 85-5-301, MCA. After notice to
interested persons and an evidentiary hearing, the District Court dismissed.
¶3 A person may bring a petition as a dissatisfied water user under § 85-5-301, MCA, if
he has the right to use water and claims that he is entitled to more water or to a prior right to
the use of water. After hearing testimony and the arguments of counsel, the District Court
concluded that the claims of the petitioner below did not meet the criteria of the statute and
dismissed. We find no reason in fact or in law to disturb the District Court’s order and
therefore we affirm.
¶4 We have determined to decide this case pursuant to Section I, Paragraph 3(d) of our
1996 Internal Operating Rules, as amended in 2003, which provides for memorandum
opinions. The issues are clearly controlled by settled Montana law.
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¶5 Affirmed.
/S/ MIKE McGRATH
We concur:
/S/ JOHN WARNER
/S/ W. WILLIAM LEAPHART
/S/ PATRICIA COTTER
/S/ JAMES C. NELSON
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