Members of the Booneville Historical Society, a Montana non-profit entity, received permission from a land owner to remove a large rock situated in the Little Bitterroot River close to the shore. When the river is high, the rock is submerged in the river. When the water is low, the rock is exposed, but still in a few inches of shallow water. This rock is considered to have historic importance, because Lewis and Clark tied their boat to it for an overnight stop on their return from the West in September, 1806.  However, more importantly, the rock also blocked an outlet to a tributary that water is now diverting into from the main branch, which has severely reduced flow to a  100 year old lumber mill three miles downstream. The rafters and kayakers are taking full advantage of this new tributary and filling the waters on the week ends for recreational boating.

The Union Pacific Railroad owns the land along the shore in fee and uses it for a railroad right-of-way with 2 tracks and a siding.  Members of the Boonesville River Monitors Society, a non-profit environmental group, considers moving the rock to violate the ecological and historic ambiance of the river. Its members canoe the main channel on weekends, using the public access point, and this channel is no longer deep enough to accomodate all of their canoes at once. Several members of the group complained to the Boonville city government and the Snooper County commissioners and prosecuting attorney. They declined to take action.

*Are there any users who would have legal authority to take action against the  rock removal? 

*What legal actions, if any, can the user groups, or BRMS, take?

*Under which essential element of prior appropriation would the most likely case law be found?

*What is the likely legal result?

-Discuss all relevant legal issues and present the case in the form of a case study.