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Western MT Water Users v. Mission Irrig. District

Western MT Water Users Assoc., LLC v. Mission Irrig. Dist., 2013 MT 92 (April 9, 2013) (7-0) (Morris, J.)

Issue: (1) Whether the district court has issued a final appealable order; (2) whether the district court properly granted the writ of mandate and injunction; and (3) whether the district court properly determined that the irrigation districts had to comply with §§ 85-7-1956 and 85-7-1957, MCA, before executing the Water Use Agreement.

Short Answer: (1) Yes, because the order included an injunction; (2) no, because the district court issued its order on grounds not raised or argued by the parties; and (3) no, because those statutes apply only to contracts with the U.S. for a loan of money.

Reversed