Montana Code 85-2-125. Recovery of costs and attorney fees by prevailing party
Current as of: 2023 | Check for updates
|
Other versions
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.
Terms Used In Montana Code 85-2-125
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(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.