Geraldine Horvath, Pete Horvath, Montana Department of Fish, Wildlife and Parks

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Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 1-800-624-3270 (In-state only) (406) 586-4364 Fax (406) 522-4131 IN THE WATER COURT OF THE STATE OF MONTANA CLARK FORK DIVISION CLARK FORK RIVER ABOVE THE BLACKFOOT RIVER BASIN (76G) He***************************** IN THE MATTER OF THE ADJUDICATION OF ) THE EXISTING RIGHTS TO THE USE OF ALL ) THE WATER, BOTH SURFACE AND UNDERGROUND CASE NO. 76G-548 ) 76G 92217-00 WITHIN THE CLARK FORK RIVER DRAINAGE 76G 92218-00 AREA ABOVE THE BLACKFOOT RIVER, INCLUD- 76G 92219-00 ING ALL TRIBUTARIES OF THE CLARK FORK RIVER ABOVE THE BLACKFOOT RIVER IN DEER LODGE, GRANITE, LEWIS AND CLARK, MISSOULA, POWELL AND SILVER BOW COUNTIES, MONTANA. CLAIMANT: OCT 2 3 2006 Geraldine Horvath and Pete Horvath OBJECTOR: FILED COUft Montana Department of Fish, Wildlife and Parks ORDER ADOPTING MASTER'S REPORT Pursuant to Montana Code Annotated, § 85-2-233(5), the above entitled case was assigned to Senior Water Master Douglas Ritter. The Senior Water Master filed a report containing Findings of Fact and Conclusions of Law with the Clerk of Court. Copies of the report were served upon the parties on May 22, 2006. Over ten (10) days have elapsed since service, and no objections to the Findings and Conclusions have been filed by any party. In his report, at page 16 and 17, the Master recommended the reinstatement of the claims in this case upon completion of several specified conditions. The conditions have been satisfied. The Court has reviewed the Senior Water Master's Findings, Conclusions, and Recommendations, and each Post Decree Abstract of Water Right Claim served with the report. Pursuant to Rule 53(e), Montana Rules of Civil Procedure, the Court ADOPTS the Master's Report and its Recommendations, and APPROVES the changes to the centralized computer record system that are reflected on each abstract served with the report. The claims in this case have been reinstated in accordance with the terms of the Master's Report. A copy of the reinstated and updated abstracts of the three claims in this case shall be served with this Order. DATED this £2 dayof <=> «.T*r<3** ,2006. C. Bruce Loble Chief Water Judge CERTIFICATE OF SERVICE I, Denise Blankenship, Deputy Clerk of Court of the Montana Water Court, hereby certify that a true and correct copy of the above ORDER ADOPTING MASTER'S REPORT was duly served upon the persons listed below by depositing the same, postage prepaid, in the United States mail. Mark E. Hovath 8416 MT Highway 1 West Anaconda MT 59711 David M. McLean, Attorney McLean & McLean, PLLP PO Box 220 Anaconda MT 59711 G. Steven Brown, Attorney 1313 Eleventh Avenue Helena MT 59601 DATED this ffl® day of ()ct^i Denise Blankenship Deputy Clerk of Court , 2006. October 20,2006 Page 1 of 2 76G 92217-00 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM CLARK FORK RIVER ABOVE BLACKFOOT RIVER BASIN 76G IMPORTANT NOTICE AN ASTERISK (*) HAS BEEN PLACED NEXT TO EACH ITEM CHANGED BY ORDER OF THE MONTANA WATER COURT AFTER ISSUANCE OF THE PREVIOUS DECREE. Water Right Number: 76G 92217-00 Version: STATEMENT OF CLAIM 2 - POST DECREE Status: ACTIVE Late Claim: A Owners: MARK E HORVATH 8416MTHWY1 W ANACONDA, MT 59711 9180 Priority Date: JUNE 10, 1866 Enforceable Priority Date: JUNE 10, 1866 CLAIM FILED LATE 5/3/1982 . AS MANDATED BY SECTION 85-2-221 (3), MCA, THIS CLAIM IS SUBORDINATE, AND THEREFORE JUNIOR, TO ALL FEDERAL AND INDIAN RESERVED WATER RIGHTS. Type of Historical Right: USE Purpose (use): IRRIGATION Irrigation Type: FLOOD Flow Rate: 15.00 GPM Volume: 10.41 AC-FT Climatic Area: 5 - LOW Maximum Acres: 25.00 Source Name: WARM SPRINGS CREEK Source Type: SURFACE WATER Point of Diversion and Means of Diversion: ID Govt Lot Sec Twp NWSWSE 19 5N 1 Qtr Sec Diversion Means: Period of Use: Rge County 12W DEER LODGE DIKE APRIL 1 TO SEPTEMBER 4 Qtr Sec 19 5N 12W DEER LODGE N2S2NE Remarks: Twp S2S2SE 25.00 Sec Rge County 30 5N 12W DEER LODGE October 20, 2006 Page 2 of 2 76G 92217-00 Post Decree Abstract THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE MULTIPLE USES OF THE SAME RIGHT. THE USE OF THIS RIGHT FOR SEVERAL PURPOSES DOES NOT INCREASE THE EXTENT OF THE WATER RIGHT. RATHER IT DECREES THE RIGHT TO ALTERNATE AND EXCHANGE THE USE (PURPOSE) OF THE WATER IN ACCORD WITH HISTORICAL PRACTICES. 92217-00 92218-00 October 20,2006 Page 1 of 2 76G 92218-00 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM CLARK FORK RIVER ABOVE BLACKFOOT RIVER BASIN 76G IMPORTANT NOTICE AN ASTERISK (*) HAS BEEN PLACED NEXT TO EACH ITEM CHANGED BY ORDER OF THE MONTANA WATER COURT AFTER ISSUANCE OF THE PREVIOUS DECREE. Water Right Number: 76G 92218-00 Version: STATEMENT OF CLAIM 2 - POST DECREE Status: Owners: ACTIVE MARK E HORVATH 8416MTHWY1 W ANACONDA, MT 59711 9180 Priority Date: JUNE 10, 1866 Enforceable Priority Date: JUNE 10, 1866 CLAIM FILED 05/03/1982 . THIS IS AN EXEMPT RIGHT VOLUNTARILY FILED UNDER SECTION 85-2-222, MCA Type of Historical Right: USE Purpose (use): STOCK Flow Rate: NO FLOW RATE HAS BEEN DECREED BECAUSE THIS USE CONSISTS OF STOCK DRINKING DIRECTLY FROM THE SOURCE, OR FROM A DITCH SYSTEM. Volume: THIS WATER RIGHT INCLUDES THE AMOUNT OF WATER CONSUMPTIVELY USED FOR STOCK WATERING PURPOSES AT THE RATE OF 30 GALLONS PER DAY PER ANIMAL UNIT. ANIMAL UNITS SHALL BE BASED ON REASONABLE CARRYING CAPACITY AND HISTORICAL USE OF THE AREA SERVICED BYTH IS WATER SOURCE. Source Name: WARM SPRINGS CREEK Source Type: SURFACE WATER Point of Diversion and Means of Diversion: ID Govt Lot 1 Diversion Means: 2 Diversion Means: 3 Diversion Means: 4 Diversion Means: 5 Diversion Means: Period of Use: Qtr Sec Sec Twp S2NESW 19 5N Rge County 12W DEER LODGE LIVESTOCK DIRECT FROM SOURCE SWSE 19 5N 12W DEER LODGE LIVESTOCK DIRECT FROM SOURCE SWSESE 19 5N 12W DEER LODGE LIVESTOCK DIRECT FROM SOURCE SESESE 19 5N 12W DEER LODGE LIVESTOCK DIRECT FROM SOURCE NENENE 30 5N 12W DEER LODGE LIVESTOCK DIRECT FROM SOURCE JANUARY 1 TO DECEMBER 31 Page 2 of 2 October 20, 2006 Post Decree Abstract 76G 92218-00 Place of Use: Rge County Qtr Sec Sec S2NESW 19 5N 2 SWSE 19 5N 12W DEER LODGE 3 SWSESE 19 5N 12W DEER LODGE 4 SESESE 19 5N 12W DEER LODGE 5 NENENE 30 5N 12W DEER LODGE ID Acres Govt Lot 1 Twp 12W DEER LODGE Remarks: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE MULTIPLE USES OF THE SAME RIGHT. THE USE OF THIS RIGHT FOR SEVERAL PURPOSES DOES NOT INCREASE THE EXTENT OF THE WATER RIGHT. RATHER IT DECREES THE RIGHT TO ALTERNATE AND EXCHANGE THE USE (PURPOSE) OF THE WATER IN ACCORD WITH HISTORICAL PRACTICES. 92217-00 92218-00 Page 1 of 1 October 20,2006 Post Decree Abstract 76G 92219-00 POST DECREE ABSTRACT OF WATER RIGHT CLAIM CLARK FORK RIVER ABOVE BLACKFOOT RIVER BASIN 76G IMPORTANT NOTICE AN ASTERISK (*) HAS BEEN PLACED NEXT TO EACH ITEM CHANGED BY ORDER OF THE MONTANA WATER COURT AFTER ISSUANCE OF THE PREVIOUS DECREE. Water Right Number: 76G 92219-00 Version: STATEMENT OF CLAIM 2 -- POST DECREE Status: Owners: ACTIVE MARK E HORVATH 8416MTHWY1 W ANACONDA, MT 59711 9180 Priority Date: JUNE 10,1866 Enforceable Priority Date: JUNE 10, 1866 CLAIM FILED 05/03/1982 . THIS IS AN EXEMPT RIGHT VOLUNTARILY FILED UNDER SECTION 85-2-222, MCA Type of Historical Right: USE Purpose (use): STOCK Flow Rate: NO FLOW RATE HAS BEEN DECREED BECAUSE THIS USE CONSISTS OF STOCK DRINKING DIRECTLY FROM THE SOURCE, OR FROM A DITCH SYSTEM. Volume: THIS WATER RIGHT INCLUDES THE AMOUNT OF WATER CONSUMPTIVELY USED FOR STOCK WATERING PURPOSES AT THE RATE OF 30 GALLONS PER DAY PER ANIMAL UNIT. ANIMAL UNITS SHALL BE BASED ON REASONABLE CARRYING CAPACITY AND HISTORICAL USE OF THE AREA SERVICED BYTHIS WATER SOURCE. TWIN LAKES CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Diversion Means: 2 Diversion Means: 3 Diversion Means: Period of Use: Qtr Sec Sec Twp NESWSW 19 5N Rge County 12W DEER LODGE LIVESTOCK DIRECT FROM SOURCE NWSESW 19 5N 12W DEER LODGE LIVESTOCK DIRECT FROM SOURCE SWNESW 19 5N 12W DEER LODGE LIVESTOCK DIRECT FROM SOURCE JANUARY 1 TO DECEMBER 31 Qtr Sec Sec Twp Rge County NESWSW 19 5N 12W DEER LODGE NWSESW 19 5N 12W DEER LODGE SWNESW 19 5N 12W DEER LODGE

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