United States v. Korman

Summary

The Montana Supreme Court affirmed a Water Court order granting the Bureau of Land Management summary judgment concerning water rights for the Chevy and Poker Reservoirs. The court held that the Kormans forfeited unfiled claims for reservoir storage and stockwater use, and that the BLM's wildlife-use claims were valid and did not expand the original appropriations.

Holdings

1. The Kormans forfeited any stockwater rights claims associated with the Chevy and Poker Reservoirs because they did not file statements of claim within the statutory deadlines, and the reservoir storage rights at issue were not exempt from those filing requirements.
2. The BLM's wildlife claims for the Chevy and Poker Reservoirs were valid and did not expand the original appropriation because wildlife use was among the beneficial uses associated with the original impoundment.

Questions Presented

1. Whether the Water Court correctly determined that the Kormans forfeited interests claimed for stockwater use in the Chevy and Poker Reservoir claims 40M 75208-00 and 40M 75220-00.
2. Whether the Water Court correctly determined that wildlife claims 40M 75209-00 and 40M 75221-00 were valid claims that did not expand the original appropriation.

Disposition

affirmed