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Teton Coop Canal Co. v. Teton Coop Reservoir Co.

Teton Coop Canal Co. v. Teton Coop Reservoir Co., 2018 MT 20 (Feb. 13, 2018) (Baker, J.) (5-0, aff’d)

Issue: Whether the water court erred by (1) apportioning volume limits for Teton Canal’s 1890 water right claims and the junior 1936 Eureka Reservoir claims; (2) removing Eureka Reservoir as storage under the 1890 Notice but allowing Glendora Reservoir’s storage capacity to be added; (3) permitting Teton Canal to store its 1890 direct flow water in the Eureka Reservoir during irrigation season; and (4) allowing Teton Canal a year-round period of diversion for the 1890 Notice.

Short Answer: (1) No, (2) no, (3) no, and (4) no.

Affirmed

Facts: In Teton Canal I, the Court held that (1) the 1890 Notice was specific to the Glendora Canal and Glendora Reservoir; (2) Teton Canal could not claim the Eureka Reservoir under the 1890 Notice; and (3) the Eureka Reservoir could not relate back to the 1921 Notice.…