DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION ...dnrc.mt.gov/divisions/water/adjudication/basin-documents/43b-p_iss… · yellowstone river, above & including bridger creek. 05/09/2019

/09/2019

USE ENFORCEABLE PRIORITY DATE

OWNER NAMEWATER RIGHT ID

SOURCE NAMETRIB

INDEX OF CLAIMS WITH ISSUE REMARKS

VOLUME(AF)

ACRES

PRIORITY DATE ISSUE

OWNERSHIP ISSUE

PLACE OF USE ISSUE

POINT OF DIVERSION ISSUE

DECREE EXCEEDED


THE PRIORITY DATE MAY BE QUESTIONABLE. THIS CLAIM IS FOR A FILED RIGHT ON UNNAMED TRIBUTARY OF MISSION CREEK WITH A PRIORITY DATE PREDATING CASE NO 11336, PARK COUNTY. IF NO OBJECTIONS ARE FILED TO PRIORITY DATE OR TYPE OF HISTORICAL RIGHT, THESE ELEMENTS WILL BE DECREED AS SHOWN ON THIS ABSTRACT AND THIS REMARK WILL BE REMOVED.

ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS, AS OF 09/28/2017 , THE PROPERTY ON WHICH THIS WATER RIGHT IS USED APPEARS TO BE OWNED BY PEACO, JAMES A; DUNLAP, KATHERINE S & HAYDON, LAURREN S.

THE PLACE OF USE APPEARS TO NEED MODIFICATION BASED ON THE DNRC CORRECTION TO THE POINT OF DIVERSION. THE CORRECT PLACE OF USE LEGAL LAND DESCRIPTION APPEARS TO BE THE NWSWSE SEC 27 TWP 9S RGE 14E PARK COUNTY.

POINT OF DIVERSION WAS MODIFIED AS A RESULT OF DNRC REVIEW UNDER MONTANA WATER COURT REEXAMINATION ORDERS. IF NO OBJECTIONS ARE FILED TO THIS CLAIM, THESE ELEMENTS WILL REMAIN AS THEY APPEAR ON THIS ABSTRACT AND THE REMARK WILL BE REMOVED FROM THE CLAIM.

THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 220 MINER'S INCHES DECREED IN CASE NO. 4627 , PARK COUNTY. 446-00, 214144-00, 106777-00, 14422-00, 15834-00, 194609-00, 194611-00, 211367-00, 23531-00, 5699-00, 16097-00, 30071954, 30071955, 30071956, 9957-00.

DITCH NAME WAS MODIFIED AS A RESULT OF DNRC REVIEW UNDER MONTANA WATER COURT REEXAMINATION ORDERS. IF NO OBJECTIONS ARE FILED TO THIS CLAIM, THESE ELEMENTS WILL REMAIN AS THEY APPEAR ON THIS ABSTRACT AND THE REMARK WILL BE REMOVED FROM THE CLAIM.

DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION

BASIN 43B

FLOW RATE

TRIB Values: MP= Manmade Pit, NP=Natural Pit, SD=Secondary Diversion, SI=Subirrigation, SP=Spring, WS=Waste & Seepage, UT=Unnamed Tributary;

225

232

446

ST

DM

IR

GPM

GPM

GPM

4.00

26.93

58.00

12/31/1912

06/22/1970

04/13/1883

LOCKE CREEK RANCH INCLARKIN, DANNY WLARKIN, TIMOTHY JLARKIN, VIRGINIA ALARKIN, KEVIN J

LEWIS, BONNIE L

POJMAN, JANIS APOJMAN, STEVEN B

1.50

3.50

43B

43B

43B

MISSION CREEK

GROUNDWATER

CEDAR CREEK

UT

VERSIONSTATUS

ACTV

ACTV

ACTV

YELLOWSTONE RIVER, ABOVE & INCLUDING BRIDGER CREEK

/09/2019



SOURCE NAMETRIB


VOLUME(AF)

ACRES

GENERAL INFORMATION ISSUE


PRIORITY DATE ISSUE


VOLUME ISSUE, STANDARDS

OWNERSHIP ISSUE

PRIORITY DATE ISSUE

A LATE OBJECTION HAS BEEN FILED TO THE PLACE OF USE AND ACRES IRRIGATED OF THIS WATER RIGHT CLAIM. IT WILL BE RESOLVED DURING THE ADJUDICATION OF OBJECTIONS TO THE PRELIMINARY DECREE.


THE PRIORITY DATE MAY BE QUESTIONABLE. THIS CLAIM IS FOR A FILED RIGHT ON STRAWBERRY CREEK WITH A PRIORITY DATE PREDATING CASE NO 4749, PARK COUNTY. IF NO OBJECTIONS ARE FILED TO PRIORITY DATE OR TYPE OF HISTORICAL RIGHT, THESE ELEMENTS WILL BE DECREED AS SHOWN ON THIS ABSTRACT AND THIS REMARK WILL BE REMOVED.

THE TIMELY FILED OBJECTION OF CLAIMANT WAS AMENDED BY AGREEMENT OF THE PARTIES TO INCLUDEPOINT OF DIVERSION . BECAUSE THIS ELEMENT WAS NOT INCLUDED ON THE OBJECTION LIST, ANY WATERUSER WHOSE RIGHTS MAY BE ADVERSELY AFFECTED BY ENFORCEMENT OF THIS CHANGE MAY PETITION THE APPROPRIATE COURT FOR RELIEF OR MAY FILE AN OBJECTION AT THE PRELIMINARY DECREE.

THE CLAIMED VOLUME EXCEEDS THE MAXIMUM FEASIBLE VOLUME. BASED ON THE FLOW RATE AND PERIOD OF USE, THE MAXIMUM VOLUME POSSIBLE IS 32.35 ACRE-FEET PER YEAR.

AS OF 05/18/2018 , THIS WATER RIGHT APPEARS TO BE OWNED BY ASERLIND ON THE YELLOWSTONE LLC , 48 9TH STREET ISLAND DR , LIVINGSTON, MT , 59047-3801.

THE PRIORITY DATE MAY BE QUESTIONABLE. THIS CLAIM IS FOR A USE RIGHT ON LITTLE TRAIL CREEK WITH A PRIORITY DATE PREDATING CASE NO 7556, PARK COUNTY. IF NO OBJECTIONS ARE FILED TO PRIORITY DATE OR TYPE OF HISTORICAL RIGHT, THESE ELEMENTS WILL BE DECREED AS SHOWN ON THIS ABSTRACT AND THIS REMARK WILL BE REMOVED.


BASIN 43B

FLOW RATE


450

585

772

1082

1085

IR

IR

MC

IR

IR

GPM

GPM

GPM

GPM

CFS

255.80

426.36

20.00

17.00

2.08

05/01/1884

12/31/1919

09/14/1933

09/16/1968

12/31/1896

MENAGH TRUST

GILBERT FAMILY RANCH TRUST

COOKE CITY PARK COUNTY WATER DISTRICT

ASERLIND, LEROYASERLIND, MARGOT L

PETERSON, RONALD RDARR, SHAWN ADARR, JAMES JWILSON FAMILY TRUST

235.00

32.85

15.00

23.60

1.00

55.00

43B

43B

43B

43B

43B

STRAWBERRY CREEK

LOWELL CREEK

SODA BUTTE CREEK

YELLOWSTONE RIVER

LITTLE TRAIL CREEK

SP

VERSIONSTATUS

ACTV

ACTV

ACTV

ACTV

ACTV


/09/2019



SOURCE NAMETRIB


VOLUME(AF)

ACRES






SOURCE NAME ISSUE

THE LEGAL LAND DESCRIPTION FOR THE CLAIMED POINT OF DIVERSION APPEARS TO BE INCORRECT. MAP IN CLAIM FILE APPEARS TO INDICATE THERE MAY BE ADDITIONAL POINTS OF DIVERSION ON LITTLE TRAIL CREEK NOT IDENTIFIED.

THE CLAIMED POINT OF DIVERSION IS IN QUESTION. THE LOCATION OF THE HEADGATE CANNOT BE IDENTIFIED FROM AVAILABLE DATA.



THE TIMELY FILED OBJECTION OF MT DEPT OF NATURAL RESOUCRES AND CONSERVATION WAS AMENDEDBY AGREEMENT OF THE PARTIES TO INCLUDE POINT OF DIVERSION. BECAUSE THIS ELEMENT WAS NOT INCLUDED ON THE OBJECTION LIST, ANY WATER USER WHOSE RIGHTS MAY BE ADVERSELY AFFECTED BY ENFORCEMENT OF THIS CHANGE MAY PETITION THE APPROPRIATE COURT FOR RELIEF OR MAY FILE AN OBJECTION AT THE PRELIMINARY DECREE.

THE SOURCE NAME APPEARS TO BE INCORRECT. THE SOURCE NAME APPEARS TO BE MULHERIN CREEK.


BASIN 43B

FLOW RATE


1087

1088

1092

1331

IR

DM

IR

IR

CFS

GPM

GPM

GPM

1.00

10.00

112.00

224.40

06/01/1896

06/01/1896

12/31/1896

05/15/1920

DARR, JAMES JWILSON FAMILY TRUSTPETERSON, RONALD RDARR, SHAWN A

LOVE, LAURA LLOVE, ROBERT LSTERMITZ-BELL, KELLY L

SIRR, BETHSIRR, MICHAEL A

STERMITZ, DOROTHY M TESTAMENTARY TRUSTPETERSON, RONALD R

1.50

55.00

18.00

15.00

43B

43B

43B

43B

LITTLE TRAIL CREEK

LITTLE TRAIL CREEK

LITTLE TRAIL CREEK

MOL HERON CREEKUT

VERSIONSTATUS

ACTV

ACTV

ACTV

ACTV


/09/2019



SOURCE NAMETRIB


VOLUME(AF)

ACRES


PRIORITY DATE ISSUE


RESERVOIR ISSUE

RESERVOIR ISSUE

OWNERSHIP ISSUE






THE PRIORITY DATE MAY BE QUESTIONABLE. THIS CLAIM IS FOR A USE RIGHT ON MISSION CREEK WITH A PRIORITY DATE PREDATING CASE NO 11336 PARK COUNTY. IF NO OBJECTIONS ARE FILED TO PRIORITY DATE OR TYPE OF HISTORICAL RIGHT, THESE ELEMENTS WILL BE DECREED AS SHOWN ON THIS ABSTRACTAND THIS REMARK WILL BE REMOVED.

THE CLAIMED POINT OF DIVERSION IS IN QUESTION. THE LOCATION OF THE DAM AND RESERVOIR CANNOT BE IDENTIFIED FROM AVAILABLE DATA.

ACCORDING TO INFORMATION IN THE CLAIM FILE, THE DAM WASHED OUT IN 1960.

EXISTENCE OF THE CLAIMED RESERVOIR CANNOT BE CONFIRMED WITH AVAILABLE DATA.

THE OWNERSHIP OF THIS RIGHT MAY BE QUESTIONABLE. PART OF THE PLACE OF USE APPEARS TO BE ONUSDA FOREST SERVICE.


A LATE OBJECTION HAS BEEN FILED TO THE VOLUME OF THIS WATER RIGHT CLAIM. IT WILL BE RESOLVED DURING THE ADJUDICATION OF OBJECTIONS TO THE PRELIMINARY DECREE.




BASIN 43B

FLOW RATE


1867

1869

1875

2301

2487

IR

ST

DM

CM

IR

GPM

GPM

GPM

GPM

58.00

26.93

6.00

336.60

12/31/1884

12/31/1960

06/05/1947

08/08/1962

07/01/1900

PETERSON FAMILY TRUST

CROSS, TRACY ABOLLMAN, TERRI A

ROBSON, ALBERT

GARDINER PARK COUNTY WATER DIST

HODGES, CARMEN DHODGES, DAVID Q

1.50

0.38

5.00

190.54

43B

43B

43B

43B

43B

MISSION CREEK

FEATHERBED CREEK

SPHINX CREEK

YELLOWSTONE RIVER

BIG TIMBER CREEK

SP

VERSIONSTATUS

ACTV

ACTV

ACTV

ACTV

ACTV


/09/2019



SOURCE NAMETRIB


VOLUME(AF)

ACRES




PRIORITY DATE ISSUE

OWNERSHIP ISSUE

OWNERSHIP ISSUE



CLAIM WAS IMPROPERLY DESIGNATED TO BASIN 43C AND WAS INCLUDED IN THE 43C TEMPORARY PRELIMINARY DECREE ISSUED 11/07/1985 . CLAIM WAS NOT INCLUDED IN THE BASIN 43B TEMPORARY PRELIMINARY DECREE ISSUED 01/16/1985.

ON 12/5/1997, JEFF SHRYER FILED A LATE OBJECTION TO CHANGE THE PRIORITY DATE TO JUNE 5, 1916. THIS WILL BE HEARD AFTER PROPER NOTICE IN THE NEXT OBJECTION LIST.

THE CLAIMED PRIORITY DATE MAY BE QUESTIONABLE. THE PRIORITY DATE ON THE SUBMITTED NOTICE OF APPROPRIATION IS 06/05/1916.

ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS, AS OF 09/28/2017 , A PORTION OF THE PROPERTY ON WHICH THIS WATER RIGHT IS USED APPEARS TO BE OWNED BY BUCK CHANDLER HILL.

AS OF 09/22/2017 , THIS WATER RIGHT APPEARS TO BE OWNED BY COWELL REVOCABLE TRUST , PO BOX 1343 , BIG TIMBER, MT , 59011-1343.

THE CLAIMED POINT OF DIVERSION IS IN QUESTION. THE LOCATION OF THE WELL CANNOT BE IDENTIFIED FROM AVAILABLE DATA.


BASIN 43B

FLOW RATE


2488

2980

3058

3275

3520

IR

ST

DM

IR

DM

CFS

GPM

GPM

CFS

GPM

4.50

10.00

15.00

1.75

6.00

06/01/1893

08/15/1960

04/23/1917

06/01/1881

10/31/1947

HODGES, DAVID QHODGES, CARMEN D

HEDRICK, JOSHUA PHEDRICK, VICKIE ANN

SHRYER, JEFFREY H LIVING TRUST

FALL, TERRY LTAYLOR, WILLIAMMALCOLM, PHILIP RTAYLOR, HILLARY

MORGAN, RONALD EMORGAN, DONNA JMORGAN, KATHRYN MMORGAN, HENRY DMORGAN, DEBORAH ADECOCK, K MMORGAN, DONALD C

2.40

1.50

190.54

0.25

25.00

4.00

43B

43B

43B

43B

43B

BIG TIMBER CREEK

GROUNDWATER

CINNABAR CREEK

AREA CREEK

GROUNDWATER

VERSIONSTATUS

ACTV

ACTV

ACTV

ACTV

ACTV


/09/2019



SOURCE NAMETRIB


VOLUME(AF)

ACRES




SOURCE NAME ISSUE

OWNERSHIP ISSUE




THE LEGAL LAND DESCRIPTION FOR POINT OF DIVERSION NO. 1 COULD NOT BE REFINED FROM INFORMATION IN THE FILE. THIS CLAIMED POINT OF DIVERSION CANNOT BE CONFIRMED.



THIS CLAIM APPEARS TO BE CLAIMING TWO SEPARATE SOURCES OF WATER. MORE THAN ONE WATER RIGHT MAY BE INVOLVED.

AS OF 09/08/2009 , THIS WATER RIGHT APPEARS TO BE OWNED BY CINNABAR RANCH LLC , 640 CINNABAR BASIN RD , GARDINER, MT , 59030-9323.

POINT OF DIVERSION AND PLACE OF USE WERE MODIFIED AS A RESULT OF DNRC REVIEW UNDER MONTANA WATER COURT REEXAMINATION ORDERS. IF NO OBJECTIONS ARE FILED TO THIS CLAIM, THESE ELEMENTS WILL REMAIN AS THEY APPEAR ON THIS ABSTRACT AND THE REMARK WILL BE REMOVED FROM THE CLAIM.

THE DNRC MEMORANDUM FILED ON MAY 25, 1988 SUGGESTS CHANGING THE POINT OF DIVERSION AND MEANS OF DIVERSION. THIS WILL BE HEARD AFTER PROPER NOTICE IN THE NEXT OBJECTION LIST.

SOURCE NAME WAS MODIFIED AS A RESULT OF DNRC REVIEW UNDER MONTANA WATER COURT REEXAMINATION ORDERS. IF NO OBJECTIONS ARE FILED TO THIS CLAIM, THESE ELEMENTS WILL REMAIN AS THEY APPEAR ON THIS ABSTRACT AND THE REMARK WILL BE REMOVED FROM THE CLAIM.


BASIN 43B

FLOW RATE


3790

3791

3969

3970

3974

IR

IR

ST

ST

IR

GPM

GPM

CFS

336.60

336.60

1.00

06/01/1893

04/10/1889

12/31/1900

12/31/1900

12/31/1899

NELSON, CYNDRA LNELSON, DAVID CBOWLES, BONNIE FBOWLES, SCOTT L

NELSON, SUSANNELSON, DANIEL

STERMITZ JAMES E & LORAYNE LIVING TRUSTSTERMITZ RANCH LLC

STERMITZ RANCH LLC

STERMITZ, ROBERT JSTERMITZ, STACYSTERMITZ RANCH LLC

20.00

20.00

24.70

43B

43B

43B

43B

43B

CHICKEN CREEK

CHICKEN CREEK

DIXON CREEK

COTTONWOOD CREEK

DIXON CREEK

VERSIONSTATUS

ACTV

ACTV

ACTV

ACTV

ACTV


/09/2019



SOURCE NAMETRIB


VOLUME(AF)

ACRES




OWNERSHIP ISSUE

OWNERSHIP ISSUE

PRIORITY DATE ISSUE


OWNERSHIP ISSUE

OWNERSHIP ISSUE

ALTHOUGH NOT OBJECTED TO, THE PLACE OF USE WAS CHANGED TO REFLECT THE INCREASE IN MAXIMUM ACRES IRRIGATED.

IT APPEARS THAT THE POINT OF DIVERSION AND MEANS OF DIVERSION SHOULD BE CHANGED ACCORDINGTO THE DNRC MEMO FILED MAY 25, 1988. THESE ISSUES WILL BE HEARD AFTER PROPER NOTICE IN THE NEXT OBJECTION LIST.

THE TIMELY FILED OBJECTION OF ROYAL TETON LTD WAS AMENDED BY ROYAL TETON LTD TO INCLUDE PERIOD OF USE . BECAUSE THIS ELEMENT WAS NOT INCLUDED ON THE OBJECTION LIST, ANY WATER USER WHOSE RIGHTS MAY BE ADVERSELY AFFECTED BY ENFORCEMENT OF THIS CHANGE MAY PETITION THE APPROPRIATE COURT FOR RELIEF OR MAY FILE AN OBJECTION AT THE PRELIMINARY DECREE.

AS OF 10/02/2018 , THIS WATER RIGHT APPEARS TO BE OWNED BY NANCY A WARD , PO BOX 152 , YELLOWSTONE NTL PARK WY 82190-0152 ,.

ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS, AS OF 07/13/2018 , THE PROPERTY ON WHICH THIS WATER RIGHT IS USED APPEARS TO BE OWNED BY CHURCH UNIVERSAL & TRIUMPHANT INC.

THE PRIORITY DATE MAY BE QUESTIONABLE. THIS CLAIM IS FOR A FILED RIGHT ON REESE CREEK WITH A PRIORITY DATE PREDATING CASE NO 5356, PARK (YELLOWSTONE NATIONAL PARK) COUNTY. IF NO OBJECTIONS ARE FILED TO PRIORITY DATE OR TYPE OF HISTORICAL RIGHT, THESE ELEMENTS WILL BE DECREED AS SHOWN ON THIS ABSTRACT AND THIS REMARK WILL BE REMOVED.

THE UNITED STATES OF AMERICA FILED A LATE OBJECTION TO THE PRIORITY DATE, PURPOSE OF RIGHT, VOLUME, PLACE OF USE, ACRES IRRIGATED, SOURCE, FLOW RATE, POINT OF DIVERSION, MEANS OF DIVERSION AND PERIOD OF USE. THE STIPULATION FILED BY THE PARTIES ON JULY 13, 1990 SPECIFIES CHANGES TO THE PRIORITY DATE, PERIOD OF USE AND VOLUME. THESE WILL NOT BE HEARD UNTIL AFTERPROPER NOTICE IN THE NEXT OBJECTION LIST.

AS OF 10/02/2018 , THIS WATER RIGHT APPEARS TO BE OWNED BY NANCY WARD , PO BOX 152 , YELLOWSTONE NTK PK WY 82190 ,.

ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS, AS OF 07/13/2018 , A PORTION OF THE PROPERTY ON WHICH THIS WATER RIGHT IS USED APPEARS TO BE OWNED BY CHURCH UNIVERSAL & TRIUMPHANT INC.


BASIN 43B

FLOW RATE


3976

3995

3996

IR

IR

IR

GPM

GPM

GPM

112.20

224.40

224.40

12/31/1919

05/24/1884

06/01/1887

STERMITZ, ROBERT JSTERMITZ, STACYSTERMITZ RANCH LLC

BEEDE, ROBERT F

WARD, NANCY ABEEDE, ROBERT F

12.12

17.00

17.00

43B

43B

43B

DIXON CREEK

REESE CREEK

REESE CREEK

SP

VERSIONSTATUS

ACTV

ACTV

ACTV


/09/2019



SOURCE NAMETRIB


VOLUME(AF)

ACRES

DECREE EXCEEDED



RESERVOIR ISSUE



RESERVOIR ISSUE

THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 142 MINER'S INCHES DECREED IN CASE NO. 342 , SWEET GRASS COUNTY. 43BV 4002-00, 43BV 114060-00.

THE TIMELY FILED OBJECTION OF THE UNITED STATES OF AMERICA WAS AMENDED BY AGREEMENT OF THE PARTIES TO INCLUDE PERIOD OF USE AND POINT OF DIVERSION BECAUSE THESE ELEMENTS WERE NOT INCLUDED ON THE OBJECTION LIST, ANY WATER USER WHOSE RIGHTS MAY BE ADVERSELY AFFECTED BY ENFORCEMENT OF THESE CHANGES MAY PETITION THE APPROPRIATE COURT FOR RELIEF OR MAY FILE AN OBJECTION AT THE PRELIMINARY DECREE.

THE CLAIMED POINT OF DIVERSION IS IN QUESTION. THE LOCATION OF THE HEADGATE AND DITCH CANNOT BE IDENTIFIED FROM AVAILABLE DATA.


THE TIMELY FILED OBJECTION OF THE UNITED STATES OF AMERICA WAS AMENDED BY AGREEMENT OF THE PARTIES TO INCLUDE PERIOD OF USE AND POINT OF DIVERSION BECAUSE THESE ELEMENTS WERE NOT INCLUDED ON THE OBJECTION LIST, ANY WATER USER WHOSE RIGHTS MAY BE ADVERSELY AFFECTED BY ENFORCEMENT OF THESE CHANGES MAY PETITION THE APPROPRIATE COURT FOR RELIEF OR MAY FILE AN OBJECTION AT THE PRELIMINARY DECREE.

THE CLAIMED POINT OF DIVERSION IS IN QUESTION. THE LOCATION OF THE HEADGATE AND DITCH CANNOT BE IDENTIFIED FROM AVAILABLE DATA.



BASIN 43B

FLOW RATE


4002

4150

4151

IR

IR

IR

CFS

CFS

GPM

1.13

1.25

336.60

09/01/1878

06/15/1891

05/31/1886

BAINTER, SAGE ABAINTER, CYNTHIA L

CHURCH UNIVERSAL & TRIUMPHANT INC


40.00

43.40

43.40

43BV

43B

43B

SWEET GRASS CREEK

DEAF JIM CREEK

HOPPE CREEK

VERSIONSTATUS

ACTV

ACTV

ACTV


/09/2019



SOURCE NAMETRIB


VOLUME(AF)

ACRES



PERIOD OF DIVERSION ISSUE


VOLUME ISSUE

GENERAL INFORMATION

RESERVOIR ISSUE



THE PRIORITY DATE IS IN QUESTION AND THE DOCUMENTATION SUPPORTING THIS CLAIMED DECREED RIGHT APPEARS INCONCLUSIVE.

THE TIMELY FILED OBJECTION OF THE UNITED STATES OF AMERICA WAS AMENDED BY AGREEMENT OF THE PARTIES TO INCLUDE POINT OF DIVERSION . BECAUSE THIS ELEMENT WAS NOT INCLUDED ON THE OBJECTION LIST, ANY WATER USER WHOSE RIGHTS MAY BE ADVERSELY AFFECTED BY ENFORCEMENT OF THIS CHANGE MAY PETITION THE APPROPRIATE COURT FOR RELIEF OR MAY FILE AN OBJECTION AT THE PRELIMINARY DECREE.

THE CLAIMANT DID NOT IDENTIFY THE PERIOD OF DIVERSION FOR THIS RIGHT. A PERIOD OF DIVERSION HAS BEEN ADDED TO MATCH THE PERIOD OF USE. IF NO OBJECTIONS ARE RECEIVED TO THE PERIOD OF DIVERSION OR PERIOD OF USE, THOSE ELEMENTS WILL BE DECREED AS SHOWN ON THIS ABSTRACT AND THIS ISSUE REMARK WILL BE REMOVED FROM THIS CLAIM.


THE CLAIMED VOLUME APPEARS TO BE EXCESSIVE FOR THE CLAIMED PURPOSE. THE CLAIMED VOLUME EQUALS 7.3 TIMES THE CAPACITY OF THE RESERVOIR.

THE TYPE OF HISTORICAL RIGHT, PRIORITY DATE, AND FLOW RATE MAY BE QUESTIONABLE. THE CLAIMS FOLLOWING THIS STATEMENT USE THE SAME FILED APPROPRIATION TO DOCUMENT THE RIGHT. THE COMBINED FLOW RATE FOR THIS GROUP OF CLAIMS EXCEEDS THE TOTAL OF THE ORIGINAL APPROPRIATION. 43B 196118-00, 43B 4153-00.



POINT OF DIVERSION AND DITCH NAME WERE MODIFIED AS A RESULT OF DNRC REVIEW UNDER MONTANA WATER COURT REEXAMINATION ORDERS. IF NO OBJECTIONS ARE FILED TO THIS CLAIM, THESE ELEMENTSWILL REMAIN AS THEY APPEAR ON THIS ABSTRACT AND THE REMARK WILL BE REMOVED FROM THE CLAIM.


BASIN 43B

FLOW RATE


4152

4153

4154

4156

IR

IR

DM

IR

CFS

GPM

GPM

CFS

1.64

336.60

10.00

1.88

05/31/1886

05/28/1904

05/01/1886

04/01/1916



JOHNSON, EDWIN L

STONE FLOWER LLC

3.00

43.40

43.40

0.50

64.80

43B

43B

43B

43B

ALDRIDGE CREEK

ALDRIDGE CREEK

MULHERIN CREEK

STRAWBERRY CREEK

SP

UT

VERSIONSTATUS

ACTV

ACTV

ACTV

ACTV


/09/2019



SOURCE NAMETRIB


VOLUME(AF)

ACRES



OWNERSHIP ISSUE


DIVERSION MEANS ISSUE

PLACE OF USE ISSUE


PLACE OF USE ISSUE




ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS, AS OF 09/28/2017 , THE PROPERTY ON WHICH THIS WATER RIGHT IS USED APPEARS TO BE OWNED BY DORE SAMUEL.

MEANS OF DIVERSION MODIFIED AS A RESULT OF DNRC REVIEW UNDER MONTANA WATER COURT REEXAMINATION ORDERS. IF NO OBJECTIONS ARE FILED TO THIS CLAIM, THESE ELEMENTS WILL REMAIN AS THEY APPEAR ON THIS ABSTRACT AND THE REMARK WILL BE REMOVED FROM THE CLAIM.

THE CLAIMED MEANS OF DIVERSION CANNOT BE IDENTIFIED FROM AVAILABLE DATA.

THE PLACE OF USE APPEARS TO NEED MODIFICATION BASED ON THE DNRC CORRECTION TO THE POINT OF DIVERSION. THE CORRECT PLACE OF USE LEGAL LAND DESCRIPTION APPEARS TO BE THE NWNESE SEC 7 TWP 6S RGE 8E PARK COUNTY.


THE PLACE OF USE APPEARS TO NEED MODIFICATION BASED ON THE DNRC CORRECTION TO THE POINT OF DIVERSION. THE CORRECT PLACE OF USE LEGAL LAND DESCRIPTION APPEARS TO BE GOV'T LOT 4 SWNE SEC 13 TWP 8S 7E PARK COUNTY.



BASIN 43B

FLOW RATE


4157

4158

4172

4184

4185

IR

IR

IR

DM

IR

CFS

CFS

GPM

GPM

GPM

2.50

2.46

25.50

25.00

58.34

04/01/1907

06/13/1933

02/13/1960

12/31/1892

06/01/1957

STONE FLOWER LLC

STONE FLOWER LLCWADE, KELLYHOEFLER, GARY & SUZANNE TRUST

DORE, SAMUELWELCH, JEAN LDORE, TIM

DRYSDALE FAMILY LLC

BUSH, ROGER

9.50

64.80

64.80

1.50

3.92

5.00

43B

43B

43B

43B

43B

STRAWBERRY CREEK

YELLOWSTONE RIVER

YELLOWSTONE RIVER

YELLOWSTONE RIVER

YELLOWSTONE RIVER

UT

VERSIONSTATUS

ACTV

ACTV

ACTV

ACTV

ACTV


/09/2019



SOURCE NAMETRIB


VOLUME(AF)

ACRES




AMENDMENT ISSUE

AMENDMENT ISSUE

DECREE EXCEEDED

FLOW RATE ISSUE, STANDARDS




THE TIMELY FILED OBJECTION OF MONTANA STATE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION WAS AMENDED BY AGREEMENT OF THE PARTIES TO INCLUDE POINT OF DIVERSION . BECAUSE THIS ELEMENT WAS NOT INCLUDED ON THE OBJECTION LIST, ANY WATER USER WHOSE RIGHTS MAY BE ADVERSELY AFFECTED BY ENFORCEMENT OF THIS CHANGE MAY PETITION THE APPROPRIATE COURT FOR RELIEF OR MAY FILE AN OBJECTION AT THE PRELIMINARY DECREE.

THE LEGAL LAND DESCRIPTION FOR POINTS OF DIVERSION NO. 1 AND 2 COULD NOT BE REFINED FROM INFORMATION IN THE FILE. THE CLAIMED POINTS OF DIVERSION CANNOT BE CONFIRMED.

AN AMENDMENT WAS SUBMITTED ON 03/20/2018 REQUESTING TO AMEND THE POINT OF DIVERSION, DITCH NAME. THE AMENDMENT WAS NOT PROCESSED. THE AMENDMENT WILL BE REVIEWED AFTER THE ISSUANCE OF THE PRELIMINARY DECREE.

AN AMENDMENT WAS SUBMITTED ON 03/20/2018 REQUESTING TO AMEND THE PLACE OF USE. THE AMENDMENT WAS NOT PROCESSED. THE AMENDMENT WILL BE REVIEWED BY THE COURT AFTER THE ISSUANCE OF THE PRELIMINARY DECREE.

THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 220 MINER'S INCHES DECREED IN CASE NO. 4627 , PARK COUNTY. 446-00, 214144-00, 106777-00, 14422-00, 15834-00, 194609-00, 194611-00, 211367-00, 23531-00, 5699-00, 16097-00, 30071954, 30071955, 30071956, 9957-00.

THE CLAIMED FLOW RATE EXCEEDS THE 17 GPM PER ACRE GUIDELINE AND CANNOT BE CONFIRMED DUE TO LACK OF DATA. THE FLOW RATE EQUALS 21.00 GPM PER ACRE.

ON DECEMBER 5, 2000 MARTHA WEAVER ADKINS FILED AN AFFIDAVIT SPECIFYING CHANGES TO BE MADE TO THE MAXIMUM ACRES IRRIGATED, PLACE OF USE, AND POINT OF DIVERSION. THIS WILL BE HEARD AFTER PROPER NOTICE ON THE NEXT OBJECTION LIST.



BASIN 43B

FLOW RATE


4782

5341

5699

IR

IR

IR

CFS

GPM

GPM

2.00

224.40

112.00

09/01/1917

05/01/1904

04/13/1883

MOSNESS, BJARNEMOSNESS, BRIAN D

SCHROEDER FRANK CHARLES III REVOCABLE TRUSTDONAHOE ANNE M TRUST

ADKINS, MARTHA W

72.00

38.00

5.33

43B

43B

43B

COW CREEK

MILL CREEK

CEDAR CREEK

VERSIONSTATUS

ACTV

ACTV

ACTV


/09/2019



SOURCE NAMETRIB


VOLUME(AF)

ACRES




GENERAL INFORMATION







THE TYPE OF HISTORICAL RIGHT, PRIORITY DATE, AND FLOW RATE MAY BE QUESTIONABLE. THE CLAIMS FOLLOWING THIS STATEMENT USE THE SAME FILED APPROPRIATION TO DOCUMENT THE RIGHT. THE COMBINED FLOW RATE FOR THIS GROUP OF CLAIMS EXCEEDS THE TOTAL OF THE ORIGINAL APPROPRIATION. 43B 46107-00, 43B 5708-00.





BASIN 43B

FLOW RATE


5702

5703

5708

5710

5861

IR

IR

IR

IR

IR

CFS

CFS

CFS

CFS

CFS

5.00

5.00

1.20

1.25

5.00

05/13/1898

06/15/1894

06/29/1973

06/19/1882

06/04/1963

BOE RANCH CO

FUN-N-SUN

ANGLIN, EDWARD LANGLIN, RHONDA D

AMB WEST LLC

OTIS, KRISTINE LBRANDIS JOHN S JR NON-EXEMPT SPOUSAL TRUSTOTIS, BERT

170.00

22.00

36.10

35.00

178.10

43B

43B

43B

43B

43B

SPRING CREEK

SPRING CREEK

YELLOWSTONE RIVER

DONAHUE CREEK

MILL CREEK

VERSIONSTATUS

ACTV

ACTV

ACTV

ACTV

ACTV


/09/2019



SOURCE NAMETRIB


VOLUME(AF)

ACRES




DECREE EXCEEDED







THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 130 MINER'S INCHES DECREED IN CASE NO. 3191 , PARK COUNTY. 43B 5865-00, 43B 5868-00, 43B 8347-00, 43B 33157-00, 43B 122393-00, 43B 194118-00, 43B 194452-00, 43B 194892-00.





BASIN 43B

FLOW RATE


5862

5863

5864

5865

5866

IR

IR

ST

IR

IR

GPM

CFS

CFS

CFS

336.60

2.88

1.08

3.00

04/01/1883

05/01/1901

04/01/1883

04/01/1883

03/21/1968

BRANDIS JOHN S JR NON-EXEMPT SPOUSAL TRUSTOTIS, KRISTINE LOTIS, BERT

OTIS, KRISTINE LOTIS, BERTBRANDIS JOHN S JR NON-EXEMPT SPOUSAL TRUST

BRANDIS JOHN S JR NON-EXEMPT SPOUSAL TRUSTOTIS, BERTOTIS, KRISTINE L

DEEP CREEK FOUNDATION


178.10

178.10

73.00

73.00

43B

43B

43B

43B

43B

MILL CREEK

MILL CREEK

MILL CREEK

DEEP CREEK, NORTH FORK


VERSIONSTATUS

ACTV

ACTV

ACTV

ACTV

ACTV


/09/2019



SOURCE NAMETRIB


VOLUME(AF)

ACRES

DECREE EXCEEDED

IMPLIED CLAIM ISSUE




THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 130 MINER'S INCHES DECREED IN CASE NO. 3191 , PARK COUNTY. 43B 5865-00, 43B 5868-00, 43B 8347-00, 43B 33157-00, 43B 122393-00, 43B 194118-00, 43B 194452-00, 43B 194892-00.

IT APPEARS MORE THAN ONE WATER RIGHT MAY BE INVOLVED. CURRENTPOLICY NOW REQUIRES IMPLIED CLAIMS BE AUTHORIZED BY THE WATER COURT.

SOURCE NAME AND MEANS OF DIVERSION WERE MODIFIED AS A RESULT OF DNRC REVIEW UNDER MONTANA WATER COURT REEXAMINATION ORDERS. IF NO OBJECTIONS ARE FILED TO THIS CLAIM, THESE ELEMENTS WILL REMAIN AS THEY APPEAR ON THIS ABSTRACT AND THE REMARK WILL BE REMOVED FROM THE CLAIM.




BASIN 43B

FLOW RATE


5868

5869

5870

ST

IR

IR

1.50

1.50

04/01/1883

06/01/1886

03/21/1968

NELL, WILLIAM DSTEWART, FRANCES MNELL, CYNTHIA KNELL, ROBERT TNELL, JAMES D

STEWART, FRANCES MJENNINGS, NANCY NNELL, ROBERT TNELL, WILLIAM DNELL, JAMES DNELL, CYNTHIA K

JENNINGS, NANCY NNELL, ROBERT TNELL, CYNTHIA KNELL, WILLIAM DNELL, JAMES DSTEWART, FRANCES M

30.00

30.00

43B

43B

43B




UT

VERSIONSTATUS

ACTV

ACTV

ACTV


/09/2019



SOURCE NAMETRIB


VOLUME(AF)

ACRES



OWNERSHIP ISSUE

OWNERSHIP ISSUE




THE POINT OF DIVERSION APPEARS TO BE INCORRECT. THE POINT OF DIVERSION APPEARS TO BE IN THE NWSENW SEC 29 TWP 3S RGE 10E PARK COUNTY.


ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS, AS OF 09/28/2017 , THE PROPERTY ON WHICH THIS WATER RIGHT IS USED APPEARS TO BE OWNED BY JAMES L ROST.

ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS, AS OF 09/28/2017 , THE PROPERTY ON WHICH THIS WATER RIGHT IS USED APPEARS TO BE OWNED BY JOHN A & JAN CRIBB.


THE CLAIMED POINT OF DIVERSION IS IN QUESTION. THE LOCATION OF THE HEADGATE CANNOT BE IDENTIFIED FROM AVAILABLE DATA.



BASIN 43B

FLOW RATE


5872

5874

5927

5939

6018

6019

6020

DM

IR

DM

DM

IR

IR

IR

GPM

CFS

GPM

GPM

CFS

CFS

GPM

25.00

1.52

10.00

20.00

1.50

1.00

78.37

04/05/1973

02/12/1920

07/15/1945

06/07/1972

05/01/1899

10/17/1893

12/31/1935


ROCK CREEK RANCH I LTD

GOAKEY, RAY

CRIBB, JOHN ACRIBB, JAN

FOTLAND, RICHARD GFOTLAND, THEODORE R

FOTLAND, THEODORE RFOTLAND, RICHARD G

FETTERHOFF, ERICKBARNHART, GARYFETTERHOFF, PAIGE

1.50

1.50

1.50

0.25

40.00

0.25

1.05

85.70

60.00

4.61

43B

43B

43B

43B

43B

43B

43B


COLD SPRING CREEK

GROUNDWATER

SODA BUTTE CREEK

LOWER DEER CREEK

LOWER DEER CREEK

YELLOWSTONE RIVER

SP

UT

VERSIONSTATUS

ACTV

ACTV

ACTV

ACTV

ACTV

ACTV

ACTV


/09/2019



SOURCE NAMETRIB


VOLUME(AF)

ACRES




DECREE EXCEEDED

OWNERSHIP ISSUE






THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 120 MINER'S INCHES DECREED IN CASE NO. 6130 , PARK COUNTY. 195253-00, 7053-00, 29061-00, 143293-00, 6287-00.

THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT WERE FILED BY DIFFERENT PARTIES WHO CLAIM OVERLAPPING PLACES OF USE. 43B 143290-00, 43B 29061-00, 43B 6287-00.




BASIN 43B

FLOW RATE


6274

6275

6286

6287

6289

6290

IR

IR

IR

IR

IR

DM

CFS

CFS

GPM

GPM

CFS

GPM

6.90

4.50

25.50

224.00

1.25

5.00

03/25/1892

07/01/1897

05/31/1932

04/06/1882

07/01/1913

12/31/1963

BELEY, JANICE LBELEY, C JOE

BELEY, JANICE LBELEY, C JOE

HUTCHESON, JOHN P

VOLLUM, DAN JVOLLUM, ANN

GALLAGHER, KEVIN

DEVINE, SEAN M 1.50

470.00

470.00

1.50

21.50

30.00

43B

43B

43B

43B

43B

43B

BIG TIMBER CREEK

BIG TIMBER CREEK

EMIGRANT CREEK

SUCE CREEK

TOM MINER CREEK

TRAIL CREEKSP

VERSIONSTATUS

ACTV

ACTV

ACTV

ACTV

ACTV

ACTV


/09/2019



SOURCE NAMETRIB


VOLUME(AF)

ACRES





DECREE EXCEEDED





MEANS OF DIVERSION AND PLACE OF USE WERE MODIFIED AS A RESULT OF DNRC REVIEW UNDER MONTANA WATER COURT REEXAMINATION ORDERS. IF NO OBJECTIONS ARE FILED TO THIS CLAIM, THESE ELEMENTS WILL REMAIN AS THEY APPEAR ON THIS ABSTRACT AND THE REMARK WILL BE REMOVED FROM THE CLAIM.


THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 230 MINER'S INCHES DECREED IN CASE NO. 3191 , PARK COUNTY. 43B 6298-00, 43B 8348-00, 43B 33156-00, 43B 122394-00, 43B 194119-00, 43B192684-00, 43B 194453-00, 43B 194890-00.


THE POINT OF DIVERSION LEGAL LAND DESCRIPTION COULD NOT BE REFINED FROM INFORMATION IN THE CLAIM FILE.


BASIN 43B

FLOW RATE


6293

6294

6295

6296

6298

6314

IR

IR

ST

IR

IR

DM

CFS

CFS

CFS

CFS

GPM

2.44

2.44

3.25

1.92

3.50

06/29/1973

02/23/1893

05/31/1881

07/25/1912

07/01/1883

12/31/1950

MCLAIN, CAROLINE ER

MCLAIN, CAROLINE ER

GUILDER FRONTIER INVESTMENTS LLCMCLAIN, CAROLINE ER

STANDS, ANASTASIA


STEDMAN, GENEVA 1.50

64.50

64.50

74.20

73.00

43B

43B

43B

43B

43B

43B

MCDONALD CREEK, SOUTH FORK

MCDONALD CREEK, SOUTH FORK

MCDONALD CREEK

SIXMILE CREEK


SODA BUTTE CREEKSP

VERSIONSTATUS

ACTV

ACTV

ACTV

ACTV

ACTV

ACTV


/09/2019



SOURCE NAMETRIB


VOLUME(AF)

ACRES









THE POINT OF DIVERSION LEGAL LAND DESCRIPTION COULD NOT BE REFINED FROM INFORMATION IN THE CLAIM FILE.


THIS INTERBASIN TRANSFER CLAIM WAS NOT INCLUDED IN THE 43B BASIN TEMPOARY PRELIMINARY DECREE ISSUED 01/16/1985.


IT APPEARS POINT OF DIVERSION NO. 2 MAY BE INCORRECT. THE EXISTENCE OF A HEADGATE AND CONVEYANCE DITCH CANNOT BE CONFIRMED FROM AVAILABLE DATA.


POINT OF DIVERSION AND PLACE OF USE WERE MODIFIED AS A RESULT OF DNRC REVIEW UNDER MONTANA WATER COURT REEXAMINATION ORDERS. IF NO OBJECTIONS ARE FILED TO THIS CLAIM, THESE ELEMENTS WILL REMAIN AS THEY APPEAR ON THIS ABSTRACT AND THE REMARK WILL BE REMOVED FROM THE CLAIM.

POINT OF DIVERSION, SOURCE NAME, AND DITCH NAME WERE MODIFIED AS A RESULT OF DNRC REVIEW UNDER MONTANA WATER COURT REEXAMINATION ORDERS. IF NO OBJECTIONS ARE FILED TO THIS CLAIM,THESE ELEMENTS WILL REMAIN AS THEY APPEAR ON THIS ABSTRACT AND THE REMARK WILL BE REMOVED FROM THE CLAIM.


BASIN 43B

FLOW RATE


6316

6888

6933

6934

6936

6938

DM

IR

IR

IR

ST

IR

GPM

CFS

CFS

CFS

GPM

3.50

2.50

5.00

3.18

269.28

12/31/1949

05/10/1882

06/01/1886

06/01/1891

03/01/1908

05/15/1908

KELLOGG, JOSEPH RKELLOGG, ROBERT J

VERMILLION RANCH LTD

NORSWORTHY, GEORGE H

NORSWORTHY, GEORGE H

GRAHAM, SHERRY RGRAHAM, VANCE R

GRAHAM, SHERRY RGRAHAM, VANCE R

1.50 0.25

48.50

77.50

555.00

15.70

43B

43BV

43B

43B

43B

43B

SODA BUTTE CREEK

SWEET GRASS CREEK

LITTLE TIMBER CREEK

LITTLE TIMBER CREEK

BRIDGER CREEK

BRIDGER CREEK

SP

SP

SP

VERSIONSTATUS

ACTV

ACTV

ACTV

ACTV

ACTV

ACTV


/09/2019



SOURCE NAMETRIB


VOLUME(AF)

ACRES







THE CLAIMANTS FILED A LATE OBJECTION TO ACRES IRRIGATED AND PLACE OF USE SPECIFYING THE DELETION OF THE ACREAGE IN SEC 19 TWP 01S RGE 17E SWEET GRASS THIS WILL BE HEARD AFTER PROPER NOTICE IN THE NEXT OBJECTION LIST.

A LATE OBJECTION HAS BEEN FILED TO THE POINT OF DIVERSION AND PEDIOD OF USE OF THIS WATER RIGHT CLAIM. IT WILL BE RESOLVED DURING THE ADJUDICATION OF OBJECTIONS TO THE PRELIMINARY DECREE.

AT THE TIME OF THE CLAIMED PRIORITY DATE, IT APPEARS THAT THE PLACE OF USE WAS PART OF AN INDIAN RESERVATION.



BASIN 43B

FLOW RATE


6945

6949

IR

IR

CFS

CFS

5.50

2.50

12/31/1879

12/20/1892

LOWE FARM LLCGIBBY, RICHARDGIBBY, DIANNEGOLDEN EAGLE RANCH OF SWEET GRASSWINDBREAK RANCH LLC

SCHLICKEISEN RANCH LLC

134.00

379.90

43B

43B

BRIDGER CREEK

BIG TIMBER CREEK, NORTH FORK

VERSIONSTATUS

ACTV

ACTV


/09/2019



SOURCE NAMETRIB


VOLUME(AF)

ACRES



OWNERSHIP ISSUE






IMPLIED CLAIM ISSUE


THE TIMELY FILED OBJECTION OF JAMES FAVINGER WAS AMENDED BY AGREEMENT OF THE PARTIES TO INCLUDE PRIORITY DATE AND PERIOD OF USE BECAUSE THESE ELEMENTS WERE NOT INCLUDED ON THE OBJECTION LIST, ANY WATER USER WHOSE RIGHTS MAY BE ADVERSELY AFFECTED BY ENFORCEMENT OF THESE CHANGES MAY PETITION THE APPROPRIATE COURT FOR RELIEF OR MAY FILE AN OBJECTION AT THE PRELIMINARY DECREE.

ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS, AS OF 09/22/2017 , THE PROPERTY ON WHICH THIS WATER RIGHT IS USED APPEARS TO BE OWNED BY LUCILLE ANDERSON, MARK & LESLIE THOMPSON, AND K BAR A RANCH.

IT APPEARS POINT OF DIVERSION NO. 2 MAY BE INCORRECT. THE EXISTENCE OF A HEADGATE CANNOT BECONFIRMED FROM AVAILABLE DATA.

THE PLACE OF USE LEGAL DESCRIPTION NEEDS REFINEMENT. THIS WILL BE ADDRESSED AFTER PROPER NOTICE IN THE NEXT OBJECTION LIST.


MEANS OF DIVERSION WAS MODIFIED AS A RESULT OF DNRC REVIEW UNDER MONTANA WATER COURT REEXAMINATION ORDERS. IF NO OBJECTIONS ARE FILED TO THIS CLAIM, THESE ELEMENTS WILL REMAIN AS THEY APPEAR ON THIS ABSTRACT AND THE REMARK WILL BE REMOVED FROM THE CLAIM.


IT APPEARS MORE THAN ONE WATER RIGHT MAY BE INVOLVED. CURRENTPOLICY NOW REQUIRES IMPLIED CLAIMS BE AUTHORIZED BY THE WATER COURT.


BASIN 43B

FLOW RATE


6950

6957

6986

7002

IR

IR

ST

IR

CFS

GPM

CFS

3.75

168.30

38.65

10/17/1901

12/01/1909

12/21/1961

05/10/1918

JOHNSON, NORRIS JJOHNSON, KAREN ETHOMPSON, SHARON AANDERSON, LUCILLE VTHOMPSON, TOMMY G

RF BUILDING CO LLP

H W BURNS FAMILY LLC


50.00

15.00

436.00

43B

43B

43B

43B

OTTER CREEK

OXBOW CREEK

FEATHERBED CREEK

SWAMP CREEK

VERSIONSTATUS

ACTV

ACTV

ACTV

ACTV


/09/2019



SOURCE NAMETRIB


VOLUME(AF)

ACRES

PRIORITY DATE ISSUE

DITCH (CONVEYANCE) NAME ISSUE

PERIOD OF DIVERSION ISSUE


PRIORITY DATE ISSUE





THE PRIORITY DATE MAY BE QUESTIONABLE. THIS CLAIM IS FOR A USE RIGHT ON SPRING, UNNAMED TRIBUTARY OF SWAMP CREEK WITH A PRIORITY DATE PREDATING CASE NO 483, SWEET GRASS COUNTY. IF NO OBJECTIONS ARE FILED TO PRIORITY DATE OR TYPE OF HISTORICAL RIGHT, THESE ELEMENTS WILL BE DECREED AS SHOWN ON THIS ABSTRACT AND THIS REMARK WILL BE REMOVED.

DITCH NAME SHOULD BE HULTS DITCH

ACCORDING TO THE RESERVOIR WORKSHEET RECEIVED ON APRIL 27, 2018 THE PERIOD OF DIVIERSION SHOULD BE 09/01 TO 07/01.

RESERVOIR RECORD WAS MODIFIED AS A RESULT OF DNRC REVIEW UNDER MONTANA WATER COURT REEXAMINATION ORDERS. IF NO OBJECTIONS ARE FILED TO THIS CLAIM, THESE ELEMENTS WILL REMAIN AS THEY APPEAR ON THIS ABSTRACT AND THE REMARK WILL BE REMOVED FROM THE CLAIM.

THE PRIORITY DATE MAY BE QUESTIONABLE. THIS CLAIM IS FOR A FILED RIGHT ON SWAMP CREEK, SOUTH FORK WITH A PRIORITY DATE PREDATING CASE NO 481, SWEET GRASS COUNTY. IF NO OBJECTIONS ARE FILED TO PRIORITY DATE OR TYPE OF HISTORICAL RIGHT, THESE ELEMENTS WILL BE DECREED AS SHOWNON THIS ABSTRACT AND THIS REMARK WILL BE REMOVED.

DITCH NAME FOR POINT OF DIVERSION NUMBER 4 AND 5 SHOULD BE HULTS DITCH

DITCH NAME FOR PERIOD OF DIVERSION NUMBER 7 SHOULD BE ARNESON DITCH

DITCH NAME ON POINT OF DIVERSION NUMBERS 7 AND 8 SHOULD BE HULTS

DITCH NAME ON POINT OF DIVERSION NUMBER 6 SHOULD BE HULTS DITCH


BASIN 43B

FLOW RATE


7003

7016

7017

7019

7021

IR

IR

IR

IR

IR

CFS

CFS

CFS

CFS

CFS

2.00

5.00

6.25

1.50

1.00

04/01/1884

12/31/1892

09/21/1904

06/01/1891

07/01/1893






93.00

80.00

143.00

165.00

1,088.00

1,088.00

43B

43B

43B

43B

43B

SWAMP CREEK

SWAMP CREEK

SWAMP CREEK, SOUTH FORK

SWAMP CREEK

SWAMP CREEK

SP

VERSIONSTATUS

ACTV

ACTV

ACTV

ACTV

ACTV


/09/2019



SOURCE NAMETRIB


VOLUME(AF)

ACRES



OWNERSHIP ISSUE

OWNERSHIP ISSUE

OWNERSHIP ISSUE

OWNERSHIP ISSUE

DECREE EXCEEDED



DITCH NAME FOR PERIOD OF DIVERSION NUMBER 3 SHOULD BE ARNESON DITCH

DITCH NAME FOR POINT OF DIVERSION NUMBER 6 AND 7 SHOULD BE HULTS DITCH

ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS, AS OF 9/28/2017 , A PORTION OF THE PROPERTY ON WHICH THIS WATER RIGHT IS USED APPEARS TO BE OWNED BY GUY L. OLSON.

ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS, AS OF 9/28/2017 , A PORTION OF THE PROPERTY ON WHICH THIS WATER RIGHT IS USED APPEARS TO BE OWNED BY HANSON, LOVIE, ALAN K & DAVID K; & BAILEY, LORENE K.

ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS, AS OF 9/28/2017 , A PORTION OF THE PROPERTY ON WHICH THIS WATER RIGHT IS USED APPEARS TO BE OWNED BY ALBERT T III & AMY L FUHS.

ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS, AS OF 9/28/2017 , A PORTION OF THE PROPERTY ON WHICH THIS WATER RIGHT IS USED APPEARS TO BE OWNED BY PAYNE, ROLAND CLARK.

THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 12 MINER'S INCHES DECREED IN CASE NO. 6130 , PARK COUNTY. 195253-00, 7053-00, 29061-00, 143293-00, 6287-00.

THE TIMELY FILED OBJECTION OF DONALD FRANK WAS AMENDED BY THE CLAIMANT TO INCLUDE POINT OF DIVERSION BECAUSE THESE ELEMENTS WERE NOT INCLUDED ON THE OBJECTION LIST, ANY WATER USER WHOSE RIGHTS MAY BE ADVERSELY AFFECTED BY ENFORCEMENT OF THESE CHANGES MAY PETITION THE APPROPRIATE COURT FOR RELIEF OR MAY FILE AN OBJECTION AT THE PRELIMINARY DECREE.

THE TIMELY FILED OBJECTION OF DONALD FRANK WAS AMENDED BY THE CLAIMANT TO INCLUDE POINT OF DIVERSION . BECAUSE THIS ELEMENT WAS NOT INCLUDED ON THE OBJECTION LIST, ANY WATER USER WHOSE RIGHTS MAY BE ADVERSELY AFFECTED BY ENFORCEMENT OF THIS CHANGE MAY PETITION THE APPROPRIATE COURT FOR RELIEF OR MAY FILE AN OBJECTION AT THE PRELIMINARY DECREE.


BASIN 43B

FLOW RATE


7025

7029

7053

7054

IR

DM

IR

IR

CFS

GPM

CFS

CFS

2.50

15.00

1.50

2.27

09/14/1889

08/23/1958

04/06/1882

08/30/1902


ROBERTS, DWIGHT L

JOHNSON, RYLAND ZJOHNSON, SHARON VJOHNSON, CRAIG AJOHNSON, JOSHUA J

PAPPERT, ROBERT S

1.50

1,088.00

1.50

120.00

120.00

43B

43B

43B

43B

SWAMP CREEK

GROUNDWATER

SUCE CREEK

SUCE CREEK

VERSIONSTATUS

ACTV

ACTV

ACTV

ACTV


/09/2019



SOURCE NAMETRIB


VOLUME(AF)

ACRES

DECREE EXCEEDED



DECREE EXCEEDED


DECREE EXCEEDED


PRIORITY DATE ISSUE

THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 10 MINER'S INCHES DECREED IN CASE NO. 3171 , PARK COUNTY. 103686-00, 12207-00, 7055-00, 9948-00, 7055, 110806. 191321.

THE TIMELY FILED OBJECTION OF BETTY HELLESMAR ET AL WAS AMENDED BY AGREEMENT OF THE PARTIES TO INCLUDE FLOW RATE . BECAUSE THIS ELEMENT WAS NOT INCLUDED ON THE OBJECTION LIST, ANY WATER USER WHOSE RIGHTS MAY BE ADVERSELY AFFECTED BY ENFORCEMENT OF THIS CHANGE MAY PETITION THE APPROPRIATE COURT FOR RELIEF OR MAY FILE AN OBJECTION AT THE PRELIMINARY DECREE.

POINT OF DIVERSION AND MEANS OF DIVERSION WERE MODIFIED AS A RESULT OF DNRC REVIEW UNDER MONTANA WATER COURT REEXAMINATION ORDERS. IF NO OBJECTIONS ARE FILED TO THIS CLAIM, THESE ELEMENTS WILL REMAIN AS THEY APPEAR ON THIS ABSTRACT AND THE REMARK WILL BE REMOVED FROM THE CLAIM.

THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 10 MINER'S INCHES DECREED IN CASE NO. 3171 , PARK COUNTY. 43B 103686-00, 43B 12207-00, 43B 7055-00, 43B 9948-00, 43B 7056-00, 43B 191321-00, 43B110806-00.


THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 30 MINER'S INCHES DECREED IN CASE NO. 2327 , PARK COUNTY. 7117-00, 193749-00.


THE PRIORITY DATE MAY BE QUESTIONABLE. THIS CLAIM IS FOR A FILED RIGHT ON A SPRING, UNNAMED TRIBUTARY OF EAGLE CREEK WITH A PRIORITY DATE PREDATING CASE NO 4558, PARK COUNTY. IF NO OBJECTIONS ARE FILED TO PRIORITY DATE OR TYPE OF HISTORICAL RIGHT, THESE ELEMENTS WILL BE DECREED AS SHOWN ON THIS ABSTRACT AND THIS REMARK WILL BE REMOVED.


BASIN 43B

FLOW RATE


7055

7056

7117

7136

IR

DM

IR

DM

GPM

GPM

GPM

GPM

45.00

13.00

336.60

26.93

09/15/1882

09/15/1882

07/01/1898

02/01/1904

FUNK, KEVIN W

FUNK, KEVIN W

GRAHAM, ALBERTA P TRUSTGRAHAM, JAMES S TRUST

CHAPMAN FAMILY TRUST

10.00

1.50

5.00

3.00

30.00

2.00

43B

43B

43B

43B

PINE CREEK

PINE CREEK

CHICKEN CREEK

EAGLE CREEKSP

VERSIONSTATUS

ACTV

ACTV

ACTV

ACTV


/09/2019



SOURCE NAMETRIB


VOLUME(AF)

ACRES



PRIORITY DATE ISSUE





A LATE OBJECTION HAS BEEN FILED TO THE OWNERSHIP, PRITORITY DATE, VOLUME, FLOW RATE AND POINT OF DIVERSION OF THIS WATER RIGHT CLAIM. IT WILL BE RESOLVED DURING THE ADJUDICATION OF OBJECTIONS TO THE PRELIMINARY DECREE.


THE PRIORITY DATE MAY BE QUESTIONABLE. THIS CLAIM IS FOR A FILED RIGHT ON BEAR CREEK WITH A PRIORITY DATE PREDATING CASE NO 4975, PARK COUNTY. IF NO OBJECTIONS ARE FILED TO PRIORITY DATE OR TYPE OF HISTORICAL RIGHT, THESE ELEMENTS WILL BE DECREED AS SHOWN ON THIS ABSTRACTAND THIS REMARK WILL BE REMOVED.

SOURCE NAME, POINT OF DIVERSION AND DITCH NAME WERE MODIFIED AS A RESULT OF DNRC REVIEW UNDER MONTANA WATER COURT REEXAMINATION ORDERS. IF NO OBJECTIONS ARE FILED TO THIS CLAIM,THESE ELEMENTS WILL REMAIN AS THEY APPEAR ON THIS ABSTRACT AND THE REMARK WILL BE REMOVED FROM THE CLAIM.



ON SEPTEMBER 28, 2005 NELSON'S SPRING CREEK LLC FILED A LATE OBJECTION TO THE FLOW RATE, VOLUME, PLACE OF USE, MAXIMUM ACRES, PERIOD OF USE, AND PERIOD OF DIVERSION. THIS WILL BE HEARD AFTER PROPER NOTICE ON THE NEXT OBJECTION LIST.


BASIN 43B

FLOW RATE


7137

7138

7147

7148

7150

IR

IR

FR

FR

IR

GPM

CFS

CFS

CFS

CFS

121.00

1.00

1.00

1.00

4.50

03/11/1918

08/09/1904

07/18/1970

07/18/1970

04/01/1883



NELSON'S SPRING CREEK LLC



727.72

727.72

7.00

20.00

159.90

43B

43B

43B

43B

43B

BEAR CREEK

BEAR CREEK

BEAR CREEK

YELLOWSTONE RIVER

YELLOWSTONE RIVER


SD

SP

SP

VERSIONSTATUS

ACTV

ACTV

ACTV

ACTV

ACTV


/09/2019



SOURCE NAMETRIB


VOLUME(AF)

ACRES










ON SEPTEMBER 28, 2005 NELSON'S SPRING CREEK LLC FILED A LATE OBJECTION TO THE PLACE OF USE, MAXIMUM ACRES, PERIOD OF USE, AND PERIOD OF DIVERSION. THIS WILL BE HEARD AFTER PROPER NOTICE ON THE NEXT OBJECTION LIST.








BASIN 43B

FLOW RATE


7151

7152

7153

7154

7346

7347

7348

IR

IR

IR

IR

ST

IR

IR

CFS

CFS

CFS

CFS

CFS

CFS

7.50

2.50

1.00

2.50

1.88

1.88

03/21/1968

09/07/1899

07/01/1883

03/21/1968

02/16/1972

06/15/1887

06/20/1884





NEWBERRY FAMILY LLC III


NEWBERRY FAMILY LLC III 648.83

159.90

159.90

159.90

159.90

171.00

171.00

43B

43B

43B

43B

43B

43B

43B

DEEP CREEK




JOHNSON CREEK

ELBOW CREEK

ELBOW CREEK

VERSIONSTATUS

ACTV

ACTV

ACTV

ACTV

ACTV

ACTV

ACTV


/09/2019



SOURCE NAMETRIB


VOLUME(AF)

ACRES










IT APPEARS THAT THE LEGAL DESCRIPTIONS IN THE PLACE OF USE AND POINT OF DIVERSION NEED SOME REFINEMENT. THIS WILL BE HEARD AFTER PROPER NOTICE IN THE NEXT OBJECTION LIST.




BASIN 43B

FLOW RATE


7349

7351

7352

7354

7355

IR

IR

IR

IR

IR

CFS

CFS

CFS

GPM

GPM

1.00

4.00

2.25

22.44

22.00

09/01/1880

06/15/1887

06/20/1888

05/01/1904

05/01/1904




DAWSON, PHILIP RDAWSON, JAN E

HAYES, DAVID EHAYES, LEANNE M

1,215.50

776.53

40.00

143.00

143.00

0.96

0.90

43B

43B

43B

43B

43B

ELBOW CREEK

ELBOW CREEK

ELBOW CREEK

MILL CREEK

MILL CREEK

VERSIONSTATUS

ACTV

ACTV

ACTV

ACTV

ACTV


/09/2019



SOURCE NAMETRIB


VOLUME(AF)

ACRES










THE TIMELY FILED OBJECTION OF LARRY DURGAN WAS AMENDED BY AGREEMENT OF THE PARTIES TO INCLUDE MAXIMUM ACRES, POINT OF DIVERSION AND PLACE OF USE BECAUSE THESE ELEMENTS WERE NOT INCLUDED ON THE OBJECTION LIST, ANY WATER USER WHOSE RIGHTS MAY BE ADVERSELY AFFECTED BY ENFORCEMENT OF THESE CHANGES MAY PETITION THE APPROPRIATE COURT FOR RELIEF OR MAY FILE AN OBJECTION AT THE PRELIMINARY DECREE.






BASIN 43B

FLOW RATE


7356

7362

7365

7366

IR

IR

IR

IR

GPM

GPM

GPM

GPM

22.44

71.92

22.44

22.44

05/01/1904

04/29/1972

05/01/1904

05/01/1904

GREEN, SANDRA DHAYES, LEANNE MHAYES, DAVID EGREEN, JAMES G

EGLI, SHAWNA MJOEST, LEWANNA DNOLL, JANICE C

BUSBY, CHARLES M

CASE, DOUGLAS H TRUST

0.94

5.10

1.00

1.24

43B

43B

43B

43B

MILL CREEK

PINE CREEK

MILL CREEK

MILL CREEK

VERSIONSTATUS

ACTV

ACTV

ACTV

ACTV


/09/2019



SOURCE NAMETRIB


VOLUME(AF)

ACRES


OWNERSHIP ISSUE









AS OF 09/28/2017 , THIS WATER RIGHT APPEARS TO BE OWNED BY JOHN JOSEPH & HILLARY BILLMAN TREANOR , PO BOX 994 , GARDINER , MT 59030-0994.









BASIN 43B

FLOW RATE


7367

7368

7369

7370

IR

IR

IR

IR

GPM

GPM

GPM

GPM

22.44

22.44

22.44

22.44

05/01/1904

05/01/1904

05/01/1904

05/01/1904

PIERSON, WINIFRED APIERSON, RAYMOND C

BUSCHER, CRAIG STIRRELL, SUSAN P

MCPHERSON, AUSTIN

FOREMASTER, DIANA LFOREMASTER, JAY RICHARD

1.09

0.94

1.03

0.96

43B

43B

43B

43B

MILL CREEK

MILL CREEK

MILL CREEK

MILL CREEK

VERSIONSTATUS

ACTV

ACTV

ACTV

ACTV


/09/2019



SOURCE NAMETRIB


VOLUME(AF)

ACRES






OWNERSHIP ISSUE









AS OF 09/28/2017 , THIS WATER RIGHT APPEARS TO BE OWNED BY DUSTIN & SARAH BURNS , 5 RIVER DR , LIVINGSTON , MT 59047-8705.

POINT OF DIVERSION WAS MODIFIED AS A RESULT OF DNRC REVIEW UNDER MONTANA WATER COURT REEXAMINATION ORDERS. IF NO OBJECTIONS ARE FILED TO THIS CLAIM, T

Documents

DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION ...dnrc.mt.gov/divisions/water/adjudication/basin-documents/43b-p_iss… · yellowstone river, above & including bridger creek. 05/09/2019