Montana Supreme Court
Musselshell Ditch v. JD BAR D
April 1, 2025421 Mont. 232
Summary
The Court affirmed the judgment requiring JD Bar D to remove structures that unreasonably interfered with Musselshell Ditch Company's express and statutory easement rights and awarding attorney fees. The Court held that JD Bar D's water rights did not authorize unlimited encroachments, and the structures were unreasonable because they impeded maintenance, created hazards, and were installed without written consent. The Court also upheld the attorney-fee award under the ditch-easement statute.