United States v. Korman

2018 MT 232, 427 P.3d 72, 393 Mont. 1
CourtMontana Supreme Court
DecidedSeptember 18, 2018
DocketDA 18-0017
StatusPublished
Cited by1 cases

This text of 2018 MT 232 (United States v. Korman) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Korman, 2018 MT 232, 427 P.3d 72, 393 Mont. 1 (Mo. 2018).

Opinion

Chief Justice Mike McGrath delivered the Opinion of the Court.

**3¶ 1 This is an appeal from a Water Court order granting the United States Bureau of Land Management's (BLM) Motion for Summary Judgment. We affirm.

¶ 2 We restate the issues on appeal as follows:

1. Whether the Water Court correctly determined that the Kormans forfeited interests claimed for stockwater use in the Chevy Reservoir and Poker Reservoir claims 40M 75208-00 and 40M 75220-00.
2. Whether the Water Court erred when it determined that wildlife claims 40M 75209-00 and 40M 75221-00 were valid claims that did not expand the original appropriation.

PROCEDURAL AND FACTUAL BACKGROUND

¶ 3 This Case involves the United States' water rights in two small reservoirs-the Chevy and Poker Reservoirs-on federal grazing lands within Montana Water Basin 40M. Water Court case 40M-230 is made up of forty-six stock and wildlife claims filed by the BLM on twenty-three reservoirs, all located on federal land. The claims were filed for each reservoir as multiple uses of the same historical appropriation, specifically for stock and wildlife uses. Appellants Ron and *74Maxine **4Korman (the Kormans) objected to all forty-six BLM claims.

¶ 4 The Kormans were assigned the Hammond Brothers' interests in grazing permits and range improvements on the Chevy and Poker Reservoirs in 1977. In 1960, the Hammond Brothers had filed a Range Improvement Application to construct the Chevy Reservoir on lands they occupied by permit. The BLM approved this application and a second application in 1966 to construct the Poker Reservoir. The reservoirs were constructed for the purpose of watering livestock on the federal range. However, the BLM also considered the impacts on wildlife, as reflected in 1973 job inspection records. In 1982, the BLM and Kormans executed a Cooperative Agreement for Range Improvements, which replaced the 1977 assignment. A provision within the Agreement states "Title to the said improvements with all labor and materials furnished by either party and used in the construction and maintenance thereof, shall be in the United States of America."

¶ 5 On August 11, 2015, the Water Court issued an Order Granting Partial Summary Judgment to the BLM on thirty-four of the forty-six claims and dismissed the Kormans' objections. The remaining claims were either dismissed or remanded to the water master for further proceedings. The Kormans appealed the Water Court's dismissal of those objections to this Court. In United States v. Korman , No. DA 16-0019, 2016 MT 351N, 386 Mont. 397, 2016 WL 7468097, 2016 Mont. LEXIS 1113 ( Korman I ), this Court affirmed the Water Court, citing BLM v. Barthelmess Ranch Corp. , 2016 MT 348, 386 Mont. 121, 386 P.3d 952, as authority for rejecting the Kormans' objections. In Barthelmess , we held that there is "no basis in fact or in law to assign ownership of the BLM [water-rights] claims" to holders of federal grazing permits who use federal reservoirs for livestock watering. Barthelmess , ¶ 40.

¶ 6 The Korman I case returned to the Water Court for further proceedings on the remaining open claims by the BLM. The Kormans withdrew two of their objections, leaving only claims to the Chevy and Poker Reservoirs at issue. On July 14, 2017, the BLM filed a motion for summary judgment on these claims. On December 18, 2017, the Water Court granted the BLM's motion for summary judgment, and denied the Kormans' objections. The Water Court held that any interest the Kormans had in water rights for stock use in the Chevy and Poker Reservoirs was forfeited pursuant to § 85-2-226, MCA, because they failed to file statements of claim. The Water Court held that because the BLM owns the reservoirs, it can claim ownership of the water rights diverted by the reservoirs. Further, the wildlife claims made by the BLM on the Chevy and Poker Reservoirs were held as valid **5because the BLM had the ability to add a second purpose to the original appropriations, which did not expand its use.

¶ 7 On appeal, the Kormans no longer challenge the United States' ownership of the reservoirs and associated water rights for stock watering purposes. However, the Kormans contend that the Water Court erred (1) in stating that the Kormans forfeited the ability to assert their own water rights in the reservoirs, and (2) in holding that the United States possesses rights to store water in the reservoirs for wildlife purposes.

STANDARD OF REVIEW

¶ 8 "This Court applies the same standards of review to the Water Court as it does to an appeal from a district court." Heavirland v. State , 2013 MT 313, ¶ 15, 372 Mont. 300, 311 P.3d 813 (quoting Mont. Trout Unlimited v. Beaverhead Water Co., 2011 MT 151, ¶ 16, 361 Mont. 77, 255 P.3d 179 ). We review a district court's ruling on summary judgment de novo, applying the criteria of M. R. Civ. P. 56. RN & DB, LLC v. Stewart , 2015 MT 327, ¶ 13, 381 Mont. 429, 362 P.3d 61. A moving party is entitled to summary judgment "if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." Feller v. First Interstate Bancsystem, Inc. , 2013 MT 90, ¶ 16, 369 Mont. 444, 299 P.3d 338 (quoting M. R. Civ. P.

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Cite This Page — Counsel Stack

Bluebook (online)
2018 MT 232, 427 P.3d 72, 393 Mont. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-korman-mont-2018.