Montana Code 85-2-235. Appeals
85-2-235. Appeals. (1) A person whose existing rights and priorities are determined in a final decree may appeal the determination only if:
Terms Used In Montana Code 85-2-235
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(a)the person requested a hearing and appeared and entered objections to the temporary preliminary decree or the preliminary decree;
(b)the person’s rights or priorities as determined in the temporary preliminary decree or the preliminary decree were affected as the result of an objection filed by another person;
(c)the person requested a hearing and appeared before the water court to finally resolve an issue remark, as defined in 85-2-250; or
(d)the person is a claimant appealing an adverse decision when the water court issued the decision as the result of an evidentiary hearing or as the result of calling the claim in on the court’s own motion.
(2)The attorney general may appeal a determination made in a final decree if the attorney general participated as an intervenor as provided in 85-2-248.
(3)An interlocutory ruling by the water judge upon a question of law may be appealed by any party who is affected by the decision and who participated in the matter in which the ruling was issued.