Granite County Commissioners v. McDonald

This case arose from Appellant’s objection to three water right claims owned by Granite County. Appellant objected to the County’s water right claims in proceedings before the Water Court, arguing that the 1906 decree in the case of Montana Water, Electric and Mining Co. v. Schuh required the County to release storage water to benefit downstream users. The Water Court rejected Appellant’s argument and granted summary judgment to Granite County. The Supreme Court affirmed, holding (1) the Water Court did not err in its interpretation of the Schuh decree; and (2) the Water Court properly considered and applied the principles of claim preclusion relied upon by Appellant to limit Granite County’s arguments concerning application of the Schuh decree. View "Granite County Commissioners v. McDonald" on Justia Law