Did the Water Court err when it ruled water rights for the purpose of sale or rental are not limited by historic beneficial use? Did the Water Court err by granting PCCRC a 377,555.5 acre service area rather than a place of use based upon historic beneficial use? Did the Water Court err by ruling PCCRC’s storage rights were used on the Birch Creek Flats prior to 1973? Did the Water Court err by substituting its judgment for the trier of fact’s?
Megan Timm, Oral Argument Preview, Gene R. Curry, Cheryl S. Curry, And Curry Cattle Co. v. Pondera County Canal & Reservoir Company: Give Me Back My Water, 76 Mont. L. Rev. Online 149, https://scholarship.law.umt.edu/mlr_online/vol76/iss1/18.