Mont. High Court Declares Disputed Slough A Stream

Law360, New York (November 19, 2008, 12:00 AM EST) -- The Montana Supreme Court has cleared the way for public use of a disputed waterway by declaring that the so-called Mitchell Slough qualifies as a “natural" stream under state environmental laws.

In an opinion issued Monday, the Supreme Court of the State of Montana reversed the findings of a lower court and an administrative board, finding that the plaintiffs had in fact proved that the slough meets the definition of a “natural stream” under Montana’s Natural Streambed and Land Preservation Act.

“The district court did a...
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