Montana Trout Unlimited v. Beaverhead Water Co.
255 P.3d 179
Mont.2011Background
- MTU objected to Water Court’s temporary preliminary decree in Big Hole River Basin (Basin 41D).
- Water Court granted summary judgment upholding MTU lacked standing to object under §85-2-233, MCA (per Bean Lake III framework).
- MTU is a citizen conservation group with environmental/recreational interests in Big Hole River; no MTU water rights filed in adjudication.
- Water Court concluded MTU’s interests were not coupled with an enforceable ownership in water/use, thus no standing to file claims or objections.
- Court analyzed statutory standing provisions, noting §85-2-223 exclusive representation by DFWP for public recreational uses, but rejecting overbreadth as to MTU’s standing to object.
- MTU challenges the Water Court’s interpretation and remands for proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DFWP sole representation of public interests is correct. | MTU has concrete, ownable interests in water use; Bean Lake III interpretation overbroad. | DFWP alone may represent public recreational uses in adjudications. | No; statute does not bar MTU from objecting where good cause shown. |
| Whether MTU may obtain a hearing on objections without owning a water right. | Good cause includes ownership in water/use; MTU has such interests. | Hearing rights limited to those with water-right claims; MTU lacks ownership. | MTU has standing to request hearings because good cause can be shown via ownership interest in water/use. |
Key Cases Cited
- Bean Lake III, 311 Mont. 327, 55 P.3d 396 (2002 MT 216) (public trust/public recreational interests in adjudication; framework for standing)
- Bean Lake I, 234 Mont. 331, 766 P.2d 228 (1988) (recognized broad participation by public interest groups in Bean Lake proceedings)
- Bean Lake II, 240 Mont. 39, 782 P.2d 898 (1989) (public interests and cost shifting in Bean Lake proceedings)
- Adjudication of Rights in the Yellowstone River, 253 Mont. 167, 832 P.2d 1210 (1992) (emphasizes comprehensive participation to adjudicate Montana water rights)
- MEIC v. DEQ, 1999 MT 248, 296 Mont. 207, 988 P.2d 1236 (1999) (standing of citizen environmental organizations to challenge agency decisions)