Montana Supreme Court Holds No Private Right of Enforcement of Water Use Act – Update from Manko Gold

October 28, 2019Austin W. ManningMGKF Litigation Blog

Last week the Supreme Court of Montana held that there is no implied private right of action for judicial enforcement under the Montana Water Use Act (Act).  In Lyman Creek, LLC v. City of Bozeman, DA 19-0112 (Mont. 2019), the Court determined that the Act reserves the right of enforcement only for the Montana Department of Natural Resources and Conservation (DNRC), the attorney general, and the county attorneys.

Read the full blog post.