285 P.3d 458
Mont.2012Background
- Water-rights dispute on the Teton River in Montana involving downstream holders (Giese, Kelly, Reichelt) and upstream Perry decree rights.
- Perry v. Beattie (1908) decreed the upstream rights and a Water Commissioner administers them under Perry.
- Water Commissioner diverted most of the Teton flow into the Bateman Ditch, bypassing the Springhill Reach and its seepage.
- Giese, Kelly, and Reichelt claim their rights predate many upstream Perry rights and oppose Bateman diversions beyond the Saylor right.
- The Water Court adjudication of Teton rights is ongoing; not all rights have been conclusively determined.
- District Court dismissed petitions but invited certification under § 85-2-406(2)(b); petitioners later sought certification and injunctive relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court properly dismissed or certified the dispute under § 85-2-406(2)(b). | Giese, Kelly, Reichelt allege a Teton controversy not yet resolved. | District Court believed Perry decree controls and certification not warranted. | Court held certification to Chief Water Judge was proper and remanded with injunctive relief. |
Key Cases Cited
- Fellows v. The Office of the Water Comm’r, 2012 MT 169 (Mont. 2012) (relevant to water distribution controversies and relief)
- Missoula YWCA v. Bard, 1999 MT 177 (Mont. 1999) (standard for dismissal under M. R. Civ. P. 12(b)(6))
- Hauschulz v. Michael Law Firm, 2001 MT 160 (Mont. 2001) (treatment of pleadings and favorable view of allegations)
- Meagher v. Butte-Silver Bow County, 2007 MT 129 (Mont. 2007) (pleading standards and dismissal review)