Town of Kevin v. Mt Dnr&c

Summary

The court held that the governing water-right statutes require a municipal applicant to establish either its own possessory interest or written consent from the person possessing the interest in property where water will be beneficially used. Although municipal service agreements may satisfy the written-consent requirement, DNRC erred to the extent it approved service areas not covered by such agreements, including Galata. The court therefore affirmed in part, reversed in part, and remanded for DNRC to determine whether all required service agreements exist and issue a consistent order.