Teton Co-Op Canal Co. v. Teton Coop Reservoir Co., 2015 MT 344 (Dec. 15, 2015) (Baker, J.) (5-0, rev’d)
Issue: Whether the Water Court erred in determining that off-stream water storage in the Eureka Reservoir was included as part of the Teton Canal’s April 18, 1890 Notice of Appropriation.
Short Answer: Yes.
Reversed and remanded
Facts: Teton Canal was formed in 1903 for the purpose of appropriating, transporting, storing and using water for irrigation in Teton County. It claims its priority date for the Eureka Reservoir under an April 18, 1890 Notice of Appropriation. In that notice, Teton Canal’s predecessors claimed 3,000 inches of Teton River water for the purpose of gathering water in a reservoir and using it to irrigate adjacent lands.…