Montana § 85-2-125 Recovery Of Costs And Attorney Fees By Prevailing Party

Montana Statutes

§ 85-2-125 — Recovery Of Costs And Attorney Fees By Prevailing Party

Montana § 85-2-125

Title 85WATER USE

Ch. 2SURFACE WATER AND GROUND WATER

Part 1General Provisions

This text of Montana § 85-2-125 (Recovery Of Costs And Attorney Fees By Prevailing Party) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 85-2-125 (2026).

Text

85-2-125 . Recovery of costs and attorney fees by prevailing party.

(1)If a final decision of the department on an application for a permit or a change in appropriation right is appealed to district court, the district court may award the prevailing party reasonable costs and attorney fees.

(2)The party obtaining injunctive relief in an action to enforce a water right must be awarded reasonable costs and attorney fees. For the purposes of this section, "enforce a water right" means an action by a party with a water right to enjoin the use of water by a person that does not have a water right.

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85-2-125 . Recovery of costs and attorney fees by prevailing party. (1) If a final decision of the department on an application for a permit or a change in appropriation right is appealed to district court, the district court may award the prevailing party reasonable costs and attorney fees.
(2) The party obtaining injunctive relief in an action to enforce a water right must be awarded reasonable costs and attorney fees. For the purposes of this section, "enforce a water right" means an action by a party with a water right to enjoin the use of water by a person that does not have a water right.

Legislative History

En. 89-8-100.1 by Sec. 11, Ch. 416, L. 1977; R.C.M. 1947, 89-8-100.1 ; amd. Sec. 5, Ch. 487, L. 1995; amd. Sec. 1, Ch. 100, L. 2005; amd. Sec. 1, Ch. 45, L. 2007; amd. Sec. 1, Ch. 360, L. 2011.