Marks v. 71 Ranch
Annotate this CaseThe predecessor in interest to 71 Ranch filed statements of claim for four right rights located on Confederate Creek (Creek Rights), describing a new point of diversion and place of use for the Creek Rights. Donald Marks, whose water rights were junior to the Creek Rights, filed an objection to the Creek Rights’ place of use and point of diversion. The Montana Water Court dismissed Marks’ objection, concluding that Marks failed to present sufficient evidence to rebut 71 Ranch’s claimed point of diversion and place of use for its water rights. The Supreme Court affirmed, holding that the Water Court correctly concluded that Marks failed to present sufficient evidence to contradict 71 Ranch’s claimed point of diversion and place of use for its water rights.
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