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Montana Supreme Court: Senior Rights Holders Don’t Have To Make Calls In Order

(July 29, 2016, 11:46 AM EDT) -- HELENA, Mont. — The Montana Supreme Court on July 26 said the state’s prior appropriation doctrine does not require senior water rights holders to issue priority water calls in reverse order to junior rights holders (Steven Kelly, et al. v. Teton Prairie LLC, No. DA 15-0786, Mont. Sup.; 2016 Mont. LEXIS 499).

(Opinion available. Document #95-160811-003Z.)

In addition, the state high court said a junior holder failed to establish that senior holders’ priority calls were futile and that a district court properly entered an injunction against...
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