Granite County Board of Commissioners v. McDonald

Summary

The Montana Supreme Court affirmed the Water Court’s interpretation of the 1906 Schuh Decree concerning Granite County’s Georgetown Lake water rights and downstream users’ rights in Flint Creek. The Court held that the decree did not require release of stored water to maintain a continuous 30 CFS flow and that claim preclusion, collateral estoppel, and judicial estoppel did not bar Granite County’s arguments.

Holdings

1. The Schuh Decree does not require the owner of Georgetown Lake to release stored water to supplement Flint Creek's natural flow when natural inflow falls below 1,200 miner's inches, or 30 cubic feet per second. Downstream appropriators are entitled to the natural flow, but not to lawfully stored water, so long as the dam operator releases the natural inflow into the stream below the dam.
2. Res judicata, collateral estoppel, and judicial estoppel did not bar Granite County from arguing for its interpretation of the Schuh Decree.

Questions Presented

1. Whether the Montana Water Court correctly interpreted the 1906 Schuh Decree as requiring Granite County to release the natural inflow of Flint Creek but not storage water needed to maintain a continuous 30-cubic-feet-per-second flow.
2. Whether res judicata, collateral estoppel, or judicial estoppel barred Granite County from advancing its interpretation of the Schuh Decree.

Disposition

affirmed