Ann K. Bitz

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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 JUN 2 5 20H Montana Wafer Court IN THE WATER COURT OF THE STATE OF MONTANA LOWER MISSOURI DIVISION MISSOURI RIVER FROM MARIAS RIVER TO AND INCLUDING BULLWHACKER CREEK (BASIN 4 IT) ******************** CLAIMANT: Ann K. Bitz 41T-29 41T131148-00 41T 131150-00 41T 131154-00 41T 131158-00 41T 131167-00 41T 131169-00 41T 131171-00 41T 131172-00 ORDER AMENDING AND ADOPTING MASTER'S REPORT Claims 41T 131148-00, 41T 131150-00, 41T 131154-00, 41T 131158-00, 41T 131167-00, 41T 131169-00, 41T 131171-00 and 41T 131172-00 appeared in the Preliminary Decree for Basin 4IT with a variety of issue remarks. Ann K. Bitz owns these claims. No objections were filed to any of these claims. The Water Master consolidated these claims into case 41T-29 and set deadlines on November 8, 2013. Claimant Ann Bitz (hereafter Claimant) was ordered to meet with the Department of Natural Resources and Conservation (DNRC) no later than January 3, 2014. The DNRC was to file its memorandum of recommendations by January 17, 2014. The DNRC submitted its memorandum on January 17, 2014. Melissa Norris, Water Resource Specialist of the DNRC's Lewistown Regional office, reported that Claimant had not contacted the office. Ms. Norris provided recommendations that most of the issue remarks should remain on the claims. Only a few issue remarks could be removed based on information available from scanned images, aerial photograph review via GWRAT (GIS tool) and Chouteau County Water Resources Survey. The Master issued a Master's Report on February 4, 2014 using DNRC's recommendations and available information. The Master resolved the issue remarks for claims 41T 131148-00, 41T 131150-00, 41T 131154-00, 41T 131158-00, 41T 131167- 00 and 41T 131169-00. The Master terminated claims 41T 131171-00 and 41T 13117200 based on her review of the issue remarks and the Chouteau County Water Resources Survey. Claimant filed a request for more time to object on February 11, 2014. The Master granted the request, and Claimant had until March 4, 2014 to file any objection. On February 6, 2014, Claimant met with Ms. Norris and provided more information for these claims. The Court received a second DNRC Memorandum with attached motions to correct and two withdrawals of claim. The following summarizes Claimant's changes to these claims. Claim 41T 131148-00 Claim 41T 131148-00 is a stock water right. It appeared in the Preliminary Decree with a flow rate issue remark as the claimed flow exceeded the DNRC guideline of 35 gallons per minute (gpm). The Master resolved the issue remark by changing the flow rate to 35 gpm. Claimant filed a verified motion to correct the flow rate to 35 gpm. Since the Master's recommendations are the same as Claimant's motion, the Court adopts the Master's Findings of Fact for this claim. Claim 41T 131150-00 Claim 41T 131150-00 appeared in the Preliminary Decree as a filed stock right with an August 1, 1914 priority date. It had a priority date issue remark. The GW4 form filed with the statement of claim had the year 1915, not 1914. The Master resolved the issue remark by changing the priority date to December 31, 1915. Claimant submitted a verified motion to correct priority date with the DNRC on February 6, 2014. Claimant corrected the priority date to August 1, 1914 and changed the type of right to use. She stated: "I know this because in those days, when they dug a well, they used it immediately." Verified Motion To Correct Water Right Claim, p. 1. The Court received an affidavit by Helen Hannum on February 24, 2014. The affidavit 2 provides that Ms. Hannum's family lived on the property where the well was developed. She attested to the well being dug in 1914 and used immediately. The Court amends the Master's Finding of Fact. The Court changes the priority date to the claimed date of August 1, 1914 and corrects the type of right from filed to use. Claims 41T 131154-00 and 41T 131158-00 Claims 41T 131154-00 and 4IT 131158-00 appeared in the Preliminary Decree without a period of diversion. Both are stock claims. The claims received an issue remark indicating that the period of diversion from the source into storage could not be identified. The Master resolved the issue remark by adding the period of diversion as year-round to both claims. Claimant submitted a motion to correct these claims and changed the period of diversion to year-round. Since the Master's recommendation and Claimant's corrections are the same, the Court adopts the Master's Findings of Fact for these two claims. Claim 41T 131167-00 Claim 41T 131167-00 appeared in the Preliminary Decree with place of use, maximum irrigated acres and volume issue remarks. The Master changed the acreage and place of use on the claim as follows: MAXIMUM ACRES: 3^^0-18.00 PLACE OF USE: ACRES SEC TWP RGE COUNTY 16 OTR SEC 10 ftfl "MN 1 SF CHOUTEMJ AM 2.00 SESENW 16 24N !5E CHOUTEAU AQM 5.00 N2NWSE 16 24N 15E CHOUTEAU N2NESW 16 24N I5E CHOUTEAU 11.00 The Master revised the volume based on the guideline for water spreading systems in climatic area 2. The volume for the claim is 36.00 acre-feet or 2 acre-feet per acre. Rule 15(e), W.R.C.E.R. Claimant submitted a motion to correct water right claim 41T 131167-00. She requests the total acreage equals 21 acres and the historic volume should be 42 acre-feet. Claimant's place of use is listed below. MAXIMUM ACRES: 21.00 PLACE OF USE: ACRES OTR SEC SEC TWP RGE COUNTY 1.00 SWSWNE 16 24N 15E CHOUTEAU 3.00 SESENW 16 24N 15E CHOUTEAU 5.00 N2NWSE 16 24N 15E CHOUTEAU 12.00 N2NESW 16 24N 15E CHOUTEAU Based on the information and motion presented, the Court amends the Master's Findings of Fact for claim 41T 131167-00 to reflect Claimant's corrections. Claim 41T 131169-00 Claim 4IT 131169-00 appeared in the Preliminary Decree with place of use, maximum irrigated acres and volume issue remarks. The Master changed the acreage and place of use on the claim as follows: MAXIMUM ACRES: 44^00 6.00 PLACE OF USE: ACRES OTR SEC SEC TWP RGE COUNTY 5.00 S2NWSW 10 24N 15E CHOUTEAU 1.00 N2SWSW 10 24N 15E CHOUTEAU The Master revised the volume based on the guideline for water spreading systems in climatic area 2. The volume for the claim is 12.00 acre-feet or 2 acre-feet per acre. Rule 15(e), W.R.C.E.R. Claimant submitted a motion to correct for water right claim 41T 131169-00. She requests the total acreage equals 10.5 acres and the historic volume should be 21 acrefeet. Claimant's place of use is listed below. MAXIMUM ACRES: 10.50 PLACE OF USE: ACRES QTR SEC SEC TWP RGE COUNTY 6.20 S2NWSW 10 24N 15E CHOUTEAU 4.30 SWSW 10 24N 15E CHOUTEAU Claimant also requested correction of the points of diversion. The points of diversion should be: POINTS OF DIVERSION: OTR SEC SEC TWP RGE COUNTY SENWSW 10 24N 15E CHOUTEAU SENWSW 10 24N 15E CHOUTEAU NESWSW 10 24N 15E CHOUTEAU NWSWSW 10 24N 15E CHOUTEAU NWSWSW 10 24N 15E CHOUTEAU Based on the information and motion presented, the Court amends the Master's Findings of Fact for claim 41T 131167-00 to reflect Claimant's corrections. Claims 41T 131171-00 and 41T 131172-00 These two claims appeared in the Preliminary Decree with several issue remarks including 0.00 acres irrigated. The Master recommended termination of both claims based upon the Chouteau County Water Resources Survey where no acres were being irrigated in 1964. On February 6, 2014, Claimant submitted withdrawals of claim for both 41T 131171-00 and 41T 131172-00. Claimant provided that no irrigation had occurred with either claim. The Court adopts the Master's Findings of Fact for these two claims, and the claims are dismissed. The Court has reviewed the Water Master's Findings, Conclusions, and Recommendations in the Master's Report. Pursuant to Rule 53(e) of the Montana Rules of Civil Procedure, the Court ADOPTS the Master's Reports and its Recommendations as AMENDED, and APPROVES the changes to the abstracts as reflected above and attached to this Order. A Post Decree Abstract of Water Right Claim for each claim addressed in this Order is attached to confirm that the above changes have been made in the State's centralized water right record system. DATED this %$ day of JC^/U £* ,2014. Russ McElyea Chief Water Judge Ann K. Bitz DNRC Water Resources 250 D&B Ln Lewistown Regional Office Big Sandy, MT 59520 613 NE Main, Suite E Lewistown, MT 59457-2020 Note: Service List Updated 5/29/2014 S:\Share\WC-BASIN FOLDERSVUT\Cases\41T-29\41T-29 OAA sjs 5-29-14 docx June 25,2014 ^"^ " "* 41T 131148-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, FROM MARIAS RIVER TO & INCLUDING BULLWHACKER CREEK BASIN 41T 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: 41T 131148-00 Version: STATEMENT OF CLAIM 2 - POST DECREE Status: Owners: ACTIVE ANN K BITZ 250 D&B LN BIG SANDY, MT 59520 Priority Date: MARCH 25, 1982 THE PRIORITY DATE OF THIS WATER RIGHT HAS BEEN CHANGED TO THE FILING DATE OF THE STATEMENT OF CLAIM. THE PRIORITY DATE MAY BE CONTESTED BY PROPER OBJECTION. THIS IS AN EXISTING RIGHT. ITS POST-1973 PRIORITY DATE IS DECREED PURSUANT TO SECTION 85-2-306(4) MCA. Type of Historical Right: FILED Purpose (use): STOCK *Flow Rate: 35.00 GPM Volume: THIS 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 BY THIS WATER SOURCE. Source Name: MANMADE PIT, UNNAMED TRIBUTARY OF SANDSTONE COULEE Source Type: GROUNDWATER Point of Diversion and Means of Diversion: ID Govt Lot Sec Twp Rge SESWNW 1 Qtr Sec County 9 24N 15E CHOUTEAU Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: PIT THE PERIOD OF DIVERSION HAS BEEN STANDARDIZED BY DNRC FOR THIS MANMADE PIT. Page 2 of 2 June 25,2014 Post Decree Abstract 41T 131148-00 ONSTREAM Reservoir: Reservoir Name: LANIK PIT Otr Sec Sec Twp Rge County SESWNW 9 24N 15E CHOUTEAU Govt Lot Diversion to Reservoir: Dam Height: DIVERSION # 1 1100 FEET Depth: 8.00 FEET Surface Area: 0.90 ACRES Capacity: 3.60 ACRE-FEET THE CAPACITY, MAX DEPTH AND SURFACE AREA HAVE BEEN ESTIMATED BY DNRC. Period of Use: AUGUST 1 TO DECEMBER 31 Place of Use: ID 1 Acres Govt Lot Qtr Sec Sec Twp Rge SESWNW 9 24N 15E CHOUTEAU County June 25,2014 ^"^ ^ 41T 131150-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, FROM MARIAS RIVER TO & INCLUDING BULLWHACKER CREEK BASIN 41T 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: 41T 131150-00 Version: STATEMENT OF CLAIM 2 -- POST DECREE Status: Owners: ACTIVE ANN K BITZ 250 D&B LN BIG SANDY, MT 59520 Priority Date: AUGUST 1, 1914 *Type of Historical Right: USE Purpose (use): STOCK Flow Rate: 5.00 GPM Volume: THIS 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 BY THIS WATER SOURCE. Source Name: GROUNDWATER Source Type: GROUNDWATER ALSO KNOWN AS HANNUM WELL Point of Diversion and Means of Diversion: ID Govt Lot Sec Twp Rge County SWSWNW 1 Otr Sec 15 24N 15E CHOUTEAU County Period of Diversion: SEPTEMBER 1 TO JULY 30 Diversion Means: WELL Period of Use: SEPTEMBER 1 TO JULY 30 Place of Use: ID Acres Govt Lot 1 Otr Sec Sec Twp Rge SWSWNW 15 24N 15E CHOUTEAU Remarks: THE TYPE OR RIGHT WAS AMENDED BY THE CLAIMANT ON 02/06/2014. STARTING IN 2008, PERIOD OF DIVERSION WAS ADDED TO MOST CLAIM ABSTRACTS, INCLUDING THIS ONE. June 25,2014 w Page 1 of 2 41T 131154-00 P°s* Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, FROM MARIAS RIVER TO & INCLUDING BULLWHACKER CREEK BASIN 41T 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: 41T 131154-00 Version: STATEMENT OF CLAIM 2 - POST DECREE Status: Owners: ACTIVE ANN K BITZ 250 D&B LN BIG SANDY, MT 59520 Priority Date: MARCH 1, 1935 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. Volume: THIS 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 BY THIS WATER SOURCE. Source Name: SAGE COULEE Source Type: SURFACE WATER Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Twp Rge County SESWNW 1 Sec 15 24N 15E CHOUTEAU *Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: Reservoir: DAM ONSTREAM Govt Lot Reservoir Name: HANNUM DAM Otr Sec Sec Twp Rge County SESWNW 15 24N 15E CHOUTEAU Diversion to Reservoir: Dam Height: DIVERSION # 1 1100 FEET Depth: 8.00 FEET Surface Area: 2.50 ACRES Capacity: 8.00 ACRE-FEET THE CAPACITY, MAX DEPTH AND SURFACE AREA HAVE BEEN ESTIMATED BY DNRC. Period of Use: FEBRUARY 1 TO NOVEMBER 30 June 25,2014 **^ Page 2 of 2 41T 131154-00 Post Decree Abstract Place of Use: ID 1 Acres Govt Lot Qtr Sec Sec Twp Rge County S2SWNW 15 24N 15E CHOUTEAU June 25, 2014 Page 1 of 2 41T 131158-00 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, FROM MARIAS RIVER TO & INCLUDING BULLWHACKER CREEK BASIN 41T 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: 41T 131158-00 Version: STATEMENT OF CLAIM 2 - POST DECREE Status: Owners: ACTIVE ANN K BITZ 250 D&B LN BIG SANDY, MT 59520 Priority Date: MARCH 1, 1947 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. Volume: THIS 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 BY THIS WATER SOURCE. Source Name: UNNAMED TRIBUTARY OF SAGE COULEE Source Type: SURFACE WATER Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Twp Rge County SWNESE 1 10 24N 15E CHOUTEAU *Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: Reservoir: DAM ONSTREAM Govt Lot Reservoir Name: CECH DAM #1 Diversion to Reservoir: Qtr Sec Sec Twp Rge County SWNESE 10 24N 15E CHOUTEAU DIVERSION # 1 Dam Height: 1100 FEET Depth: 8.00 FEET Surface Area: 0.30 ACRES Capacity: 0.96 ACRE-FEET THE CAPACITY, DAM HEIGHT, AND SURFACE AREA HAVE BEEN ESTIMATED BY DNRC. Period of Use: MARCH 1 TO NOVEMBER 30 June 25,2014 w ^ 41T 131158-00 Place of Use: ID 1 Acres GovtLot Page 2 of 2 Post Decree Abstract Qtr Sec Sec Twp Rge County SWNESE 10 24N 15E CHOUTEAU Page 1 of 2 June 25, 2014 Post Decree Abstract 41T 131167-00 POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, FROM MARIAS RIVER TO & INCLUDING BULLWHACKER CREEK BASIN 41T 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: 41T 131167-00 Version: STATEMENT OF CLAIM 2 -- POST DECREE Status: ACTIVE ANN K BITZ Owners: 250 D&B LN BIG SANDY, MT 59520 Priority Date: AUGUST 1, 1947 Type of Historical Right: USE Purpose (use): IRRIGATION Irrigation Type: Flow Rate: WATER SPREADING A SPECIFIC FLOW RATE HAS NOT BEEN DECREED BECAUSE THIS USE CONSISTS OF DIRECT FLOW WATER SPREADING. *Volume: 42.00 AC-FT Climatic Area: 2 - MODERATELY HIGH *Maximum Acres: Source Name: 21.00 UNNAMED TRIBUTARY OF SAGE COULEE Source Type: SURFACE WATER Point of Diversion and Means of Diversion: 1 Otr Sec Sec Twp Rge SESENW Govt Lot ID 16 24N 15E CHOUTEAU County Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DIVERSION DAM Period of Use: JANUARY 1 TO DECEMBER 31 *PlaceofUse: ID Acres Govt Lot Otr Sec Sec Twp Rge County CHOUTEAU 1 1.00 SWSWNE 24N 15E 2 3.00 SESENW 24N 15E CHOUTEAU 3 5.00 N2NWSE 24N 15E CHOUTEAU 4 12.00 N2NESW 24N 15E CHOUTEAU Total: 21.00 Remarks: THE FOLLOWING ELEMENTS WERE AMENDED BY THE CLAIMANT ON 02/06/2014: VOLUME, MAXIMUM ACRES, PLACE OF USE. June 25, 2014 41T 131167-00 Page 2 of 2 Post Decree Abstract STARTING IN 2008, PERIOD OF DIVERSION WAS ADDED TO MOST CLAIM ABSTRACTS, INCLUDING THIS ONE. June 25,2014 ^* Page 1 of 2 41T 131169-00 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, FROM MARIAS RIVER TO & INCLUDING BULLWHACKER CREEK BASIN 41T 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: 41T 131169-00 Version: STATEMENT OF CLAIM 2 - POST DECREE Status: Owners: ACTIVE ANN K BITZ 250 D&B LN BIG SANDY, MT 59520 Priority Date: AUGUST 1, 1947 Type of Historical Right: USE Purpose (use): IRRIGATION Irrigation Type: Flow Rate: WATER SPREADING A SPECIFIC FLOW RATE HAS NOT BEEN DECREED BECAUSE THIS USE CONSISTS OF DIRECT FLOW WATER SPREADING. *Volume: 21.00 AC-FT Climatic Area: 2 - MODERATELY HIGH *Maximum Acres: Source Name: 10.50 UNNAMED TRIBUTARY OF SAGE COULEE Source Type: SURFACE WATER *Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Twp Rge County SENWSW 1 10 24N 15E CHOUTEAU 15E CHOUTEAU 15E CHOUTEAU 15E CHOUTEAU Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DIKE 2 SENWSW 10 24N Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DIKE 3 NESWSW 10 24N Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DIKE 4 NWSWSW 10 24N Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DIKE June 25,2014 *" ^^ 41T 131169-00 Page 2 of 2 Post Decree Abstract *Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Twp Rge County NWSWSW 5 10 24N 15E CHOUTEAU County Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DIKE Period of Use: JANUARY 1 TO DECEMBER 31 *Place of Use: ID Qtr Sec Sec Twp Rge 1 6.20 S2NWSW 10 24N 15E CHOUTEAU 2 4.30 SWSW 10 24N 15E CHOUTEAU Total: Acres Govt Lot 10.50 Remarks: THE FOLLOWING ELEMENTS WERE AMENDED BY THE CLAIMANT ON 02/06/2014: VOLUME, MAXIMUM ACRES, POINTS OF DIVERSION, AND PLACES OF USE. STARTING IN 2008, PERIOD OF DIVERSION WAS ADDED TO MOST CLAIM ABSTRACTS, INCLUDING THIS ONE. June 25,2014 w> *** 41T 131171 -00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, FROM MARIAS RIVER TO & INCLUDING BULLWHACKER CREEK BASIN 41T 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: 41T 131171-00 Version: STATEMENT OF CLAIM 2 - POST DECREE Status: Owners: DISMISSED ANN K BITZ 250 D&B LN BIG SANDY, MT 59520 Priority Date: Type of Historical Right: Purpose (use): IRRIGATION Flow Rate: Volume: Source Name: CHIP CREEK Source Type: 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 41T PRELIMINARY DECREE. June 25,2014 ^"^ ^m" 41T 131172-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, FROM MARIAS RIVER TO & INCLUDING BULLWHACKER CREEK BASIN 41T 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: 41T 131172-00 Version: STATEMENT OF CLAIM 2 - POST DECREE Status: Owners: DISMISSED ANN K BITZ 250 D&B LN BIG SANDY, MT 59520 Priority Date: Type of Historical Right: Purpose (use): IRRIGATION Flow Rate: Volume: Source Name: CHIP COULEE Source Type: 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 41T PRELIMINARY DECREE.

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