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Curry v. Pondera County Canal & Reservoir Co.

Curry v. Pondera County Canal & Reservoir Co., 2016 MT 77 (March 29, 2016) (Wheat, J.; Baker, J. concurring; McKinnon, J., dissenting) (6-1, aff’d & rev’d)

Issue: (1) Whether the water court erred in holding that the water rights of an entity developed under the Carey Land Act for the purpose of sale or rental are not limited by the stockholders’ actual historic water use; (2) whether the water court erred in granting Pondera a “service area” rather than a place of use based on historically irrigated land; (3) whether the water court erred by ruling Pondera’s storage rights were beneficially used on the Birch Creek Flats before 1973; (4) whether the water court improperly increased the flow rate for the Gray right and improperly reversed the water master’s dismissal of a claim it found was duplicative; and (5) whether the water court’s tabulation for the Curry claim and the Pondera claim without volume measurements was an abuse of discretion.…