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In Re the Adjudication of the Existing Rights to the Use of All the Water
Montana Supreme Court (2002) | 2002 MT 216; 55 P.3d 396; 311 Mont. 327; 2002 Mont. LEXIS 410
TL;DR: The Montana Supreme Court overruled prior precedent, holding that pre-1973 water rights for fish, wildlife, and recreation are valid. The court established that a physical diversion is not required for a valid appropriation if the beneficial use is instream, such as maintaining a fishery.
Legal Significance: This case fundamentally altered Montana water law by recognizing pre-1973 instream flow rights for recreation, fish, and wildlife, establishing that beneficial use, not physical diversion, is the core element of the prior appropriation doctrine.