Schutter v. Board of Land Comm.

Summary

The Montana Supreme Court affirmed summary judgment adding the State as co-owner of the portion of a pre-1973 groundwater right used to irrigate state school trust land. It held that the right was appurtenant to the school trust land from its inception because the appropriator intended and consistently used that portion of the water for beneficial use there, even though the well and diversion works were on private property. The court concluded that the State could not alienate that interest without securing its full fair market value.