Alton Family Trust
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Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 (406) 586-4364 1-800-624-3270 (In-state only) Fax:(406)522-4131 JAN 03 2014 Montana Water Court IN THE WATER COURT OF THE STATE OF MONTANA UPPER MISSOURI DIVISION MADISON RIVER BASIN (4IF) *************************** CLAIMANT: CASE 41F-A4 Alton Living Trust 41F 5962-00 Unconsolidated Claim: 41F 214412-00 ORDER AMENDING CLAIM 41F 5962-00 AND ORDER DISMISSING CLAIM 41F 214412-00 PROCEDURAL HISTORY Case 41F-A4 includes a single claim, 4IF 5962-00, filed for irrigation from Moran Creek. The case originated with a Motion to Amend the claim filed by the Claimant in 2004. The Claimant complied with the notice requirement found in Section 85-2-233(6), MCA, and received no objections to the motion. On July 18, 2006, the Senior Water Master presiding over the case issued a Master's Report recommending that the Water Court deny the motion. The Claimant objected to the Master's Report and filed a brief supporting the objection on September 29, 2006. On September 18, 2013, the case was assigned to the Associate Water Judge, who ordered the Claimant to file a response addressing the current status of the case. On October 31, 2013, Claimant filed a response renewing its Objection to the 2006 Master's Report and renewing its request for hearing. The stated purpose of the requested hearing was to provide an opportunity for the Claimant to address any specific questions that the Court may have concerning the evidence and arguments presented in support of its Objection to the 2006 Master's Report and its original Motion to Amend. Because the current record is sufficient to address the objection, the Court finds that a hearing is unnecessary. FACTUAL BACKGROUND Claimant is the current owner of the former Thextondale Ranch. Claimant's predecessors filed a statement of claim for a right to store water in a reservoir in the Moran Creek drainage known as Twin Lake East. Twin Lake East is one of three naturally occurring lakes - known as the Axolotl Lakes - in the headwaters of Moran Creek in Sections 8, 9, and 17, Township 7 South, Range 2 West, Madison County. Stored water from the three lakes is released into Moran Creek, which is used as a natural carrier to convey water to points of diversion downstream for irrigation purposes on Claimant's lands. The level of the Axolotl Lakes was raised by dams constructed by Claimant's predecessors beginning in the 1920s. The reservoirs were first constructed by the Thexton family in 1924 and consisted of: 1) Axolotl Lake; 2) Reservoir Lake; and 3) Twin Lake East. In 1935 or 1936, Reservoir Lake was expanded to approximately seven acres. From 1946 to 1947, the surface areas of Axolotl and Twin Lakes were increased to surface areas of approximately 14 acres and 15 acres respectively. In approximately 1993, Claimant discovered that the water right claims filed by its predecessors did not include a claim for storage in Axolotl Lakes. Thus, on December 22, 1993, Claimant filed late claim 41F-W-214412-00 for storage in all three reservoirs in the Axolotl Lake system. Claimant also filed late objections to three of its other Moran Creek irrigation claims (4IF 122700-00, 4IF 122702-00 and 4IF 122698-00) to include the Axolotl Lake system. In 1999, Claimant purchased another portion of the original Thextondale Ranch. A water right ownership update was filed on May 26, 1999 transferring claim 4IF 5962-00 to Claimant. On January 27, 2004, Claimant filed its Motion to Amend pursuant to Mont. Code Ann. § 85-2-233(6) and Rule 15(c) Mont. R. Civ. P. Claimant requested permission to amend the claim to accurately reflect all components of the Axolotl Lakes reservoir system historically used for irrigation of Claimant's land. Claimant complied with the notice requirement found in Section 85-2-233(6), MCA, and received no objections to the motion. On August 23, 2005, the Senior Water Master issued an order stating that: [I]t appears that the requested amendment is to change the claimed right to a different right, an amendment that would not relate to the same "conduct transaction or occurrence set forth or attempted to be set forth in the original pleading." Rule 15(b) Mont. R. Civ. P. It appears the "original pleading", the Statement of Claim, is for the later water right appropriated when the dam level was raised and the Motion to Amend concerns the previous appropriation when the reservoir was constructed. Order Setting Hearing on Motion to Amend, p. 1. The Water Master set a hearing to address the issue. On January 6, 2006, Claimant filed a Supplemental Brief in Support of its Motion to Amend along with the supplemental affidavit of Donald O. Thexton, the son of Claimant's predecessors. Together, the original and supplemental affidavits of Donald Thexton state that the Thexton family's construction and improvement of the reservoir system took place over a period of approximately 23 years, from 1924 to 1947. During this period and continuing through today, the water from the reservoir system was mixed and used as a single supplemental storage supply for release into Moran Creek. Claimant also revised its Motion to Amend to request a priority date of 1947. According to Claimant's supporting affidavits, this date more accurately reflects a single priority date for the completion of the entire reservoir system. On July 18, 2006, the Water Master issued a Master's Report denying the Motion to Amend on the grounds that the requested amendment did not arise out of the same conduct, transaction or occurrence as the water right claimed in 4IF 5962-00, and therefore did not relate back to the filing of the claim. The Master reasoned that the original claim was "for the water right appropriation facilitated by the building of a specific dam which thereby caused the impoundment of water and the formation of a reservoir." Master's Report at 9. Thus, an amendment to add additional reservoirs and storage rights would be inappropriate because it would go beyond the same conduct, transaction or occurrence that resulted in claim 41F 5962-00. Claimant objected to the Master's Report, citing numerous errors in the Master's reasoning. Claimant insisted that the requested amendment should be allowed because the amendment arises from the same conduct, transaction or occurrence as the original claim. Claimant further argued that the Master's decision undermines the purpose of the Motion to Amend statute, violates the rules of statutory construction, and contradicts the Water Court's historical practice. STANDARD OF REVIEW This Court has jurisdiction over all matters relating to the determination of existing water rights. § 3-7-224, MCA. A properly filed Statement of Claim for Existing Water Right is prima facie proof of its content. § 85-2-227, MCA. This prima facie proof may be contradicted and overcome by other evidence that proves, by a preponderance of the evidence, that the elements of the claim do not accurately reflect the beneficial use of the water right as it existed prior to July 1, 1973. assertion that a claim is incorrect. This is the burden of proof for every Rule 19, W.R.Adj.R. The Rules of Civil Procedure require this Court to accept a Master's Findings of Fact unless clearly erroneous. M. R. Civ. P. 53(e)(2) The Montana Supreme Court follows a three-part test to determine if the findings of fact of a trial court are clearly erroneous. See Interstate Production Credit Assn. v. DeSaye, 250 Mont. 320, 323, 820 P.2d 1285, 1287 (1991). Master's Findings of Fact. This Court uses a similar test for reviewing objections to a Rule 1 l(c), W.R.Adj.R. First, this Court reviews the record to see if the findings are supported by substantial evidence. Substantial evidence is evidence which a reasonable mind might accept as adequate to support a conclusion, even if the evidence is weak or conflicting. Arnold v. Boise Cascade Corp., 259 Mont. 259, 265, 856 P.2d 217, 220 (1993) (internal citations omitted). Second, if the findings are supported by substantial evidence, this Court then determines whether the Master has misapprehended the effect of the evidence. Third, if substantial evidence exists and the effect of the evidence has not been misapprehended, this Court may still determine that a finding is clearly erroneous when, although there is evidence to support it, a review of the record leaves the Court with the definite and firm conviction that a mistake has been committed. This Court also reviews a Master's conclusions of law to determine whether they are correct. Geil v. Missoula Irr. Dist., 2002 MT 269, ^1 22, 312 Mont. 320, 59 P.3d 398. DISCUSSION Pursuant to § 85-2-233(6), MCA, claimants may file motions to amend their own claims. "A motion to amend must specify the requested amendment and the grounds for such amendment. Upon review, the water court will determine the notice required pursuant to § 85-2-233(6), MCA, and issue an appropriate order." Rule 10, W.R. Adj. R. Rule 15(a)(2), Mont. R. Civ. P. states that "a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires." The rule further states that "[a]n amendment to a pleading relates back to the date of the original pleading when ... the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out - or attempted to be set out - in the original pleading." Mont. R. Civ. P. 15(c)(l)(B), "[I]f the original pleading gives fair notice of the general fact situation out of which the claim or defense arises, an amendment which merely makes more specific what has already been alleged ... or remedies a defective pleading, will relate back ...." Prentice Lumber Co. v. Hukill (1972), 161 Mont. 8, 15, 504 P.2d 277, 281 (citing 3 Moore's Federal Practice § 15.15(3), at 1025-27). In other words, "an amended complaint relates back to the date of the original pleading when the amended pleading depends on the same set of operative facts as contained in the original pleading." Sooey v. Petrolane Steel Gas, Inc. (1985), 218 Mont. 418, 422-23. Here, Claimant desires to take the general fact situation out of which claim 4 IF 5962-00 arose and amend the claim to reflect a more accurate picture of the historical beneficial use of the entire Axolotl Lake reservoir system. The ostensible purpose for this amendment is to remedy the fact that Claimant's predecessors failed to include storage rights for the entire reservoir system in their water right claims. Thus, the Claimant is now stuck with late claims that will likely include a far more junior priority date than would have otherwise been assigned. The problem with Claimant's Motion to Amend, as recognized in the 2006 Master's Report, is that the original Statement of Claim only appears to reference one storage right in one reservoir - Twin Lake East. Master's Report at 5. The Statement of Claim describes a March 16, 1930 use right for 100 miner's inches, 675 acre-feet per year 5 diverted from Twin Lake, carried by ditch to Moran Creek and diverted through two points of diversion at the 158 acre place of use. three reservoirs. Id. There is no mention of a system involving The affidavit of William G. Thexton that was attached to the Statement of Claim only supports the contents of claim 4 IF 5962-00. A map attached to the Statement of Claim does show the Axolotl Lake system, but only Twin Lake is identified and marked as the point of diversion. Id. The Claimant insists that the Master has confused the actual claim with the operative facts that give rise to the claim. Report at 8 (Claimant's Brf). Brief in Support of Objection to Master's The Master concluded that the operative facts giving rise to this claim are specific, i.e. those facts found in the Statement of Claim itself and its attachments. Master's Report at 5. On the other hand, the Claimant argues that the operative facts giving rise to the claim are more general; i.e. facts that "relate to the appropriation of storage water by the Thexton family in the Moran Creek drainage." Claimant's Brf. at 7. More recent evidence submitted by the Claimant, including the affidavits of Donald Thexton, does support the historical use of all three reservoirs to store and divert water in the Moran Creek drainage. However, the Master did not find this evidence persuasive because it was not found in the original Statement of Claim. While the Master's Report does present valid concerns related to the application of Rule 15(c), Mont. R. Civ. P., the Court finds that the Master overlooked the purpose behind the amendment statute itself. Rule 15(a), Mont. R. Civ. P., states that a court should freely give leave to amend "when justice so requires." Claimant notes that the related requirements of Rule 15(c) are generally designed to ensure that parties have sufficient notice of claims brought against them. Claimant's Brf. at 9. However, Rule 15(c) also places some emphasis on the period provided by law for commencing the action itself. Marine Inc., 800 F.2d 853, 857-58 (9th Cir. 1986). See, e.g., Kilkenny v. Arco While this requirement makes sense in the broader context of promoting timely filings against civil defendants, the rule's application to water right claims is somewhat problematic. Thus, the requirements of Rule 15(c) should be examined in conjunction with § 85-2-233(6), MCA. Mont. Code Ann. § 85-2-233(6) was enacted to allow water right claimants to amend their claims after a preliminary decree has been issued. The objective of the statute is to allow amendments so that water right claims are "decided on their merits rather than on procedural grounds." 1, 1996). Report ofthe Water Adjudication Advisory Committee, at 8 (Oct. To ensure other parties are not injured by such amendments, the statute includes strict notice requirements. requirements. In this case, the Claimant has fully complied with the notice Water users in the Madison River Basin as well as Claimants of Moran Creek water have received full notice of the Motion to Amend. The requested amendments have not received any objections. Further, as a practical matter, the evidence before the Court supports the amendments. The affidavits of Donald Thexton sufficiently show a historical beneficial use of the combined storage water from the three reservoirs built, improved and maintained by the Thexton family. These water rights should be recognized. The question is whether the rights will be added to the current claim and receive a 1947 priority date or filed as late claims with a far later priority date. In this case, justice requires that the Claimant be allowed to amend the claim to reflect the historical beneficial use of the Axolotl Lake reservoir system. It is therefore ORDERED that late claim 4IF 214412-00 be dismissed, as it would be duplicative of the current claim. ORDERED that claim 4IF 5962-00 be amended as follows: Claim 41F 5962-00 Priority Date: MARCH 16, 1930 DECEMBER 31, 1947 Irrigation Type: SPRINKLER SPRINKLER/FLOOD Maximum Flow Rate: l.H CFS A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS RESERVOIR SYSTEM. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. Maximum Volume: 216.00 AC FT 360 AC-FT Maximum Acres: l&QQ 282.20 7 Source Type: SURFACE WATER ADD: SOURCE IS COMPOSED OF THREE NATURAL LAKES THAT HAVE HAD WATER LEVELS RAISED BY MANMADE DAMS. THESE LAKES ARE GENERALL REFERRED TO AS THE AXOLOTL LAKES. POINT OF DIVERSION NUMBERS 02 AND 03 ARE ON UNNAMED TRIBUTARIES OF MORAN CREEK. Points of Diversion and Means of Diversion: Qtr Sec Sec Twp Rge County 4 NWNWSW 9 3-S 2W MADISON 1 NESWNE 17 7S 2W MADISON ID Gov Lot Source Name: MORAN CREEK Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Reservoir Name: AXOLOTL LAKE Qtr Sec Sec Twp Rge County NESWNE Gov Lot 17 7S 2W MADISON 2W MADISON Diversion to Reservoir: DIVERSION #1 Dam Height: 14.00 FEET Surface Area: 14.00 ACRES Capacity: 140.00 ACRE-FEET NWSWSE 8 7S Source Name: UNNAMED TRIBUTARY OF MORAN CREEK JANUARY 1 TO DECEMBER 31 Period of Diversion: Diversion Means: DAM Reservoir: ONSTREAM Gov Lot Reservoir Name: RESERVOIR LAKE Qtr Sec NWSWSE Sec 8 Twp 7S Rge 2W County MADISON 2W MADISON Diversion to Reservoir: DIVERSION #2 Dam Height: 12.00 FEET Surface Area: 7.00 ACRES Capacity: 70.00 ACRE-FEET NWNWSW 7S Source Name: UNNAMED TRIBUTARY OF MORAN CREEK Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM MORAN CREEK IS USED AS A NATURAL CARRIER TO CONVEY WATER RELEASED FROM AXOLOTL LAKE, RESERVOIR LAKE AND TWIN LAKE EAST, TO SECONDARY POINTS OF DIVERSION IN THE SENWSE SEC 36, TWP 6S, RGE 2W AND NWNWSW SEC 31, TWP 6S, RGE 1W MADISON COUNTY. Reservoir: ONSTREAM Gov Lot Reservoir Name: TWIN LAKE EAST Qtr See NWNWSW Sec 9 Twp 7S Rge 2W County MADISON Diversion to Reservoir: DIVERSION #3 Dam Height: 14.00 FEET Surface Area: 15.00 ACRES Capacity: 150.00 ACRE-FEET Period of Use: APRIL 1 TO AUGUST 19 MAY 15 TO AUGUST 31 THE PERIOD OF STORAGE IS YEAR ROUND. THE PERIOD OF RELEASE IS MAY 15 THROUGH AUGUST 31. Placei of Use: ID 4 1 Acres Gov't Lot 30.OU 5>fi SESESE 2.50 Twp Rge County -^© Qtr Sec Ulj °W M\DTSON ITiTTC7Tav7TT 19 6S 1W MADISON Sec 2 6.00 SWSWSW 20 6S 1W MADISON 3 34.00 W2NW 29 6S 1W MADISON 4 6.00 W2NWSW 29 6S 1W MADISON 65.00 NE 30 6S 1W MADISON SE 30 6S 1W MADISON 30 6S 1W MADISON 2W MADISON 5 6 100.00 7 38.70 SW 8 30.00 SE Tota 1: 30.00 36 6S 282.20 Remarks: THE WATER RIGHTS FOLLOWING THIS STATEMENT CAN BE COMBINED TO IRRIGATE ONLY OVERLAPPING PARCELS OF THE CLAIMANT'S TOTAL 282.20 ACRES EACH RIGHT IS LIMITED TO THE FLOW RATE AND PLACE OF USE OF THAT INDIVIDUAL RIGHT. THE SUM TOTAL OF THESE WATER RIGHTS SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE: 41F 122700-00, 41F 122701-00, 41F 122702-00, 41F-122703-00, 41F 122704-00, 41F 5962-00. CONCLUSION Claim 4IF 5962-00 is amended to reflect the changes outlined above, and late claim 41F 214412-00 is hereby dismissed. A Post Decree Abstract of Water Right Claim, for each claim addressed in this Report, is served with the Report to confirm that the amendments have been made in the state's centralized water right record system. DATED this 3 day of J *^ u * ^/lO \/. f Dougla^Kitter Associate Water Judge Michael J. L. Cusick Moore, O'Connell & Refiing, P.C. PO Box 1288 Bozeman, MT 59771-1288 (406)587-5511 morlaw@qwestoffice.net S:\Share\WC-BASIN FOLDERS\41F\CASES\41F-A4\MR and OA-41F-A4 (1-3-14).docx 10 January 2,2014 >^ 'w* 41F 5962-00 Page 1 of 3 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MADISON RIVER BASIN 41F 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: 41F 5962-00 Version: STATEMENT OF CLAIM 4 - POST DECREE Status: Owners: ACTIVE ALTON LIVING TRUST % N KIRBY & JANICE M ALTON, TRUSTEES 815 COUNTRY VALLEY RD THOUSAND OAKS, CA 91362 5637 *Priority Date: DECEMBER 31, 1947 Type of Historical Right: USE *Purpose (use): IRRIGATION Irrigation Type: *Flow Rate: SPRINKLER/FLOOD A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS RESERVOIR SYSTEM. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT NECESSARY TO SUSTAIN THIS PURPOSE. *Volume: 360.00 AC-FT Climatic Area: 5 - LOW *Maximum Acres: 282.20 *Source Name: MORAN CREEK Source Type: *Source Name: SURFACE WATER UNNAMED TRIBUTARY OF MORAN CREEK Source Type: SURFACE WATER SOURCE IS COMPOSED OF THREE NATURAL LAKES THAT HAVE HAD WATER LEVELS RAISED BY MANMADE DAMS. THESE LAKES ARE GENERALLY REFFERRED TO AS THE AXOLOTL LAKES. POINT OF DIVERSION NUMBERS 02 AND 03 ARE ON UNNAMED TRIBUTARIES OF MORAN CREEK. "Point of Diversion and Means of Diversion: ID Govt Lot Source Name: Sec Twp NESWNE 1 Qtr Sec 17 7S MORAN CREEK *Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Rge County 2W MADISON January 2, 2014 Page 2 of 3 "* ¢ ¢' Post Decree Abstract 41F 5962-00 *Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Source Name: Twp NWSWSE 2 Sec 8 7S Rge County 2W MADISON UNNAMED TRIBUTARY OF MORAN CREEK *Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM 3 NWNWSW *Source Name: 9 7S 2W MADISON UNNAMED TRIBUTARY OF MORAN CREEK *Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM MORAN CREEK IS USED AS A NATURAL CARRIER TO CONVEY WATER RELEASED FROM AXOLOTL LAKE, RESERVOIR LAKE AND TWIN LAKE EAST, TO SECONDARY POINTS OF DIVERSION IN THE SENWSE SEC 36, T6S, R2W, AND NWNWSW SEC 31, T6S, R1W MADISON COUNTY. *Reservoir: ONSTREAM Govt Lot Reservoir Name: AXOLOTL LAKE Qtr Sec Sec Twp Rge County NESWNE 17 7S 2W MADISON Diversion to Reservoir: DIVERSION # 1 14.00 Surface Area: ACRES 140.00 Capacity: ¦Reservoir: FEET 14.00 Dam Height: ONSTREAM Reservoir Name: Qtr Sec Govt Lot NWSWSE Diversion to Reservoir: 7.00 Surface Area: 70.00 Capacity: *Reservoir: ONSTREAM NWNWSW Diversion to Reservoir: Dam Height: Sec Twp Rge County 8 7S 2W MADISON FEET ACRES ACRE-FEET Reservoir Name: TWIN LAKE EAST ?tr Sec Govt Lot Sec Twp Rge County 9 7S 2W MADISON DIVERSION # 3 1400 FEET 15.00 Surface Area: Capacity: ACRES 150.00 *Period of Use: RESERVOIR LAKE DIVERSION # 2 12.00 Dam Height: ACRE-FEET ACRE-FEET MAY 15 TO AUGUST 31 THE PERIOD OF STORAGE IS YEAR ROUND, THE PERIOD OF RELEASE IS MAY 15 THROUGH AUGUST 31. *Place of Use: ID 1 2 Acres Govt Lot Qtr Sec Sec Twp Rge County 2.50 SESESE 19 6S 1W MADISON 6.00 SWSWSW 20 6S 1W MADISON 1W MADISON 34.00 W2NW 29 6S 4 6.00 W2NWSW 29 6S 1W MADISON 5 65.00 NE 30 6S 1W MADISON 6 100.00 SE 30 6S 1W MADISON 7 38.70 SW 30 6S 1W MADISON 3 January 2,2014 1<""r w 41F 5962-00 Page 3 of 3 Post Decree Abstract *Place of Use: ID Acres GovtLot 8 Total: 30.00 Qtr Sec Sec Twp SE 36 6S Rge County 2W MADISON 282.20 Remarks: STARTING IN 2008, PERIOD OF DIVERSION WAS ADDED TO MOST CLAIM ABSTRACTS, INCLUDING THIS ONE. THE WATER RIGHTS FOLLOWING THIS STATEMENT CAN BE COMBINED TO IRRIGATE ONLY OVERLAPPING PARCELS OF THE CLAIMANT'S TOTAL 282.20 ACRES. EACH RIGHT IS LIMITED TO THE FLOW RATE AND PLACE OF USE OF THAT INDIVIDUAL RIGHT. THE SUM TOTAL OF THESE WATER RIGHTS SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE: 41F 122700-00, 41F 122701-00, 41F 122702-00, 41F 122703-00, 41F 112704-00, 41F 5962-00. November 21,2013 ^""' Page 1 of 1 41F 214412-00 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MADISON RIVER BASIN 41F IMPORTANT NOTICE ***THIS WATER RIGHT CLAIM HAS BEEN DISMISSED*** 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: 41F 214412-00 Version: STATEMENT OF CLAIM 3 -- ORIGINAL RIGHT Status: DISMISSED Late Claim: B Owners: ALTON LIVING TRUST % N KIRBY & JANICE M ALTON, TRUSTEES 815 COUNTRY VALLEY RD THOUSAND OAKS, CA 91362 5637 Priority Date: Enforceable Priority Date: Type of Historical Right: Purpose (use): IRRIGATION Flow Rate: Volume: Source Name: Source Type: Source Name: Source Type: Source Name: Source Type: UNNAMED TRIBUTARY OF MORAN CREEK SURFACE WATER MORAN CREEK SURFACE WATER UNNAMED TRIBUTARY OF MORAN CREEK SURFACE WATER Point of Diversion and Means of Diversion: Period of Use: Place of Use: Remarks: THIS CLAIM WAS DISMISSED BY ORDER OF THE WATER COURT DURING ADJUDICATION OF THE 41F TEMPORARY PRELIMINARY DECREE.
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