Big Hole Double Creek Ranch LLC, Nigel R. Pashley, Helen Pashley, United States of America (Bureau of Reclamation), Frank Cardello, Rita Cardello
Annotate this Case
Download PDF
Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 1-800-624-3270 (In-state only) Pii ir it (406) 586-4364 t. FAX: (406) 522-4131 TO 0 - 2014 Montana Water Court IN THE WATER COURT OF THE STATE OF MONTANA UPPER MISSOURI DIVISION BIG HOLE RIVER BASIN (4ID) **#****#*##******************************** CLAIMANT: Big Hole Double Creek Ranch LLC; CASE 41D-210 41D 196226-00 Nigel R. Pashley and Helen Pashley OBJECTOR: Big Hole Double Creek Ranch LLC; United States of America (Bureau of Reclamation) NOTICE OF INTENT TO APPEAR: Frank Cardello and Rita Cardello ORDER ALTERING DECEMBER 5, 2013 ORDER AND ORDER CORRECTING ABSTRACT On January 2, 2014, Claimant Big Hole Double Creek Ranch LLC (BHDCR) filed a Rule 59(e) Motion to Alter or Amend Judgment or Alternative Rule 60 Motion for Relief from Order. In this Motion, Claimant requests the Court alter or correct the information remark under the ditch name in its December 5, 2013 Order and on the corresponding abstract for water right claim 4ID 196226-00. The information remark only lists one secondary point of diversion. However, two secondary points of diversion exist. Claimant acknowledges "multiple secondary points of diversion for this claim from the Owsley Slough ... delivered water to the places of use." requests the following changes: BDCHR's Motion, p. 3. Specifically, Claimant DITCH NAME: OWSLEY SLOUGH WATER DIVERTED FROM THE BIG HOLE RIVER IS CONVEYED BY THE OWSLEY SLOUGH TO SECONDARY POINTS OF DIVERSION IN THE SWSWNW AND THE SWSENW OF SECTION 12, T4S, R7W, MADISON COUNTY. The changes to the ditch information remark are reflected in bold. Claimant requests this correction as both secondary diversion locations are more accurate and depict the historical use for the irrigated acreage. The information remark is altered in the Court's December 5, 2013 Order Amending and Adopting Master's Report and the abstract for water right claim 4ID 196226-00. Accordingly, IT IS ORDERED that the above changes are made to this Court's December 5, 2013 Order, and a Post Decree Abstract of Water Right Claim 41D 196226-00 is served with this Order to confirm the changes have been made in the State's centralized record system. DATED thisV^day of ,2014. Cue* Russ McElyea Chief Water Judj Michael J. L. Cusick A. Suzanne Nellen Moore, O'Connell & Refling 1800 West Koch, Suite 5 PO Box 1288 Bozeman, MT 59715 Bozeman, MT 59771-1288 (406) 587-4427 (406)587-5511 nellen@nellenlaw.com morlaw@qwestoffice.net John Rasmann Roselyn Rennie Helena DNRC Adjudication Office Office of the Billings Field Solicitor Team A 2021 4th Ave. North, Suite 112 PO Box 201602 Billings, MT 59101 Helena, MT 59620-1602 (406) 247-7545 (406) 444-4954 roselyn.rennie@sol.doi.gov j rasmann@mt.gov S:\Share\WC-BASlN FOLDERS\41D\CASES\41D-210 CWJ\41D-210 ORDER ALTERING OAA sjs l-I6-14.docx January 23,2014 ^ Page 1 of 2 41D 196226-00 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM BIG HOLE RIVER BASIN 41D 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: 41D 196226-00 Version: STATEMENT OF CLAIM 3 - POST DECREE Status: Owners: ACTIVE HELEN PASHLEY 544 FILLMORE ST DENVER, CO 80206 4326 BIG HOLE DOUBLECREEK RANCH LLC 42 GLOUCESTER RD SUMMIT, NJ 07901 3023 NIGEL RT PASHLEY 544 FILLMORE ST DENVER, CO 80206 4326 Priority Date: JANUARY 1, 1914 Type of Historical Right: FILED Purpose (use): IRRIGATION Irrigation Type: FLOOD *Flow Rate: 22.00 CFS Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. Climatic Area: 4 - MODERATELY LOW *Maximum Acres: Source Name: 197.00 BIG HOLE RIVER Source Type: SURFACE WATER Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NESESW 11 4S 7W MADISON Period of Diversion: APRIL 1 TO NOVEMBER 19 Diversion Means: HEADGATE Ditch Name: OWSLEY SLOUGH WATER RELEASED FROM BIG HOLE RIVER USES OWSLEY SLOUGH AS A NATURAL CARRIER TO CONVEY WATER TO THE PLACE OF USE. WATER DIVERTED FROM THE BIG HOLE RIVER IS CONVEYED BY THE OWSLEY SLOUGH TO SECONDARY POINTS OF DIVERSION IN THE SWSWNW AND THE SWSENW OF SECTION 12, T4S, R7W, MADISON COUNTY. Page 2 of 2 January 23, 2014 Post Decree Abstract 41D 196226-00 Period of Use: APRIL 1 TO NOVEMBER 19 *Placeof Use: Qtr Sec Sec Twp 1 48.00 S2SW 1 4S 7W MADISON 2 149.00 NW 12 4S 7W MADISON ID Total: Acres Govt Lot Rge County 197.00 Remarks: THE FOLLOWING ELEMENTS WERE AMENDED BY THE CLAIMANT ON 01/20/1993: PLACE OF USE, MAXIMUM ACRES. STARTING IN 2008, PERIOD OF DIVERSION WAS ADDED TO MOST CLAIM ABSTRACTS, INCLUDING THIS ONE.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
