Montana Supreme Court

In the Matter of: Petition for Water Commiss.

February 10, 20262026 MT 16

Summary

The court held that the 2022 Preliminary Decree, incorporating adjudicated distribution restrictions from the 2018 Water Court order, governed administration of the Beaver Creek water rights. The District Court erred by treating the dissatisfied water user complaint as a private contract-enforcement action and by approving distribution practices without first determining whether they complied with the governing decree. The judgment was reversed and remanded for a decree-first review, including possible certification of the scope of Riis's water right to the Water Court.