City of Helena v. Community of RiminiAnnotate this Case
This dispute involved two water rights claims filed by the City of Helena for the waters of Tenmile Creek, which passes through Rimini. Andy Skinner owned junior water rights on Tenmile Creek. Both Skinner and the Community of Rimini objected to Helena’s water right claims. On remand, the water judge adopted the Water Master’s finding that the City had abandoned 7.35 cubic feet per second (cfs) of its water rights claims but that the City did not intend to abandon the 7.35 cfs. The water court also found that the City abandoned 0.60 cfs in the Rimini Pipeline. The Supreme Court affirmed in part and reversed in part, holding (1) Mont. Code Ann. 85-2-227(4), as applied to the City’s water rights claim, is not impermissibly retroactive; (2) the water court did not err in reinstating 7.35 cfs of Helena’s Tenmile Creek water rights; (3) the water court erred in determining that the City had abandoned 0.60 cfs of its Tenmile Creek water rights; and (4) the water court did not err in imposing specific place of use restrictions on Helena’s decreed Tenmile Creek water rights.