Katie M. Rein; Jason G. Loose; Wesley M. Loose

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FILED 04/26/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: Regina __________________ Certalic 41S-0629-R-2024 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 1-800-624-3270 (406) 586-4364 watercourt@mt.gov Stern, Anika 2.00 IN THE WATER COURT OF THE STATE OF MONTANA LOWER MISSOURI DIVISION JUDITH RIVER BASIN (41S) PRELIMINARY DECREE ************************* CLAIMANTS: Katie M. Rein; Jason G. Loose; Wesley M. CASE 41S-0629-R-2024 Loose 41S 142234-00 41S 154056-00 41S 142237-00 41S 142243-00 41S 142244-00 41S 154053-00 41S 154054-00 41S 154055-00 41S 154057-00 41S 154058-00 41S 154059-00 41S 154060-00 41S 154062-00 41S 154063-00 NOTICE OF FILING OF MASTER’S REPORT This Master’s Report was filed with the Montana Water Court on the above-stamped date. Please review this report carefully. You may file a written objection to this Master’s Report within 10 days of the stamped date if you disagree or find errors with the Master’s findings of fact, conclusions of law, or recommendations. Rule 23, W.R.Adj.R. If the Master’s Report was mailed to you, the Montana Rules of Civil Procedure allow an additional 3 days be added to the 10day objection period. Rule 6(d), M.R.Civ.P. If you file an objection, you must serve a copy of the objection to all parties on the service list found at the end of the Master’s Report. The original objection and a certificate of mailing to all parties on the service list must be filed with the Water Court. 1 If you do not file a timely objection, the Water Court will conclude that you agree with the content of this Master’s Report. MASTER’S REPORT FINDINGS OF FACT 1. Claims 41S 142234-00, 41S 142237-00, 41S 142243-00, 41S 142244-00, 41S 154053-00, 41S 154054-00, 41S 154055-00, 41S 154056-00, 41S 154057-00, 41S 154058-00, 41S 154059-00, 41S 154060-00, 41S 154062-00, and 41S 154063-00 were decreed with DNRC issue remarks. Claims 41S 142234-00 and 41S 142237-00: 2. Claims 41S 142234-00 and 41S 142237-00 were both claimed and decreed as “use” rights with the following DNRC issue remark: THE TYPE OF HISTORICAL RIGHT MAY BE QUESTIONABLE. DOCUMENTATION SUBMITTED WITH THE CLAIM INDICATES A FILED RIGHT. Properly filed GW4 Declaration of Vested Groundwater Right forms were attached to the Statements of Claims for claims 41S 142234-00 and 41S 142237-00, indicating the claims are “filed” rights rather than “use” rights. Claims 41S 142243-00 and 41S 142244-00: 3. Fire protection claim 41S 142243-00 was claimed and decreed with the points of diversion listed as: Point of Diversion and Means of Diversion: 1.11 1 Period of Div ersion: Disersion Means: covr ubt lar.-Sts Sec NW 30 JANUARY 1 TO DECEMBER 31 Ina 14N Bag 15E Comal.t JUDITH BASIN 14N 15E JUDITH BASIN PUMP 2 19 Period of Div ersion: JANUARY 1 TO DECEMBER 31 Diversion Means: PUMP Fire protection claim 41S 142244-00 was claimed and decreed with the points of diversion listed as: 2 Point of Diversion and Means of Diversion: Con Lot Ip 1 Qtr-Stc. SE Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: PUMP 2 NWNW Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: PUMP 3 N2SW Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: PUMP 4 NW Period of Diversion: JANUARY 1 TO DECEMBER 31 Divenion Means: PUMP Sec 26 But 14N Est 14E Cala JUDITH BASIN 30 14N 15E JUDITH BASIN 25 14N 14E JUDITH BASIN 35 14N 14E JUDITH BASIN Claims 41S 142243-00 and 41S 142244-00 were both decreed with the following issue remark: THE CLAIMED POINT OF DIVERSION IS IN OUESTION. THE LOCATION OF THE PUMPS CANNOT BE IDENTIFIED FROM AVAILABLE DATA. The maps attached to the Statements of Claims are very general, and the issue remark suggested more information is needed regarding the location of the pumps. Claims 41S 142243-00 and 41S 142244-00 were also decreed with a notice-type remark, as no objections were filed, the remarks will be removed from the claims without further proceedings. Claims 41S 154053-00 and 41S 154060-00: 4. Fish and wildlife claims 41S 154053-00 and 41S 154060-00 were decreed with a standardized volume remark indicating that the volume could be contested by objection and that if no objection were filed, the volume would be decreed as claimed. Another volume remark was decreed on each claim indicating the volume may be excessive. No objections were filed and the volume issue remarks will be removed from the claims. Claims 41S 154053-00 and 41S 154060-00 were decreed with additional notice type remarks that do not require further proceedings. 3 Claim 41S 154054-00: 5. Claim 41S 154054-00 was decreed with a remark stating: THIS CLAIM PRESENTS ISSUES OF FACT AND LAW THAT MAY BE ADDRESSED AT THE OBJECTION STAGE. PROBLEMS COULD EXIST WITH FLOW RATE AND VOLUME. The remark was placed on the claim by Water Master Suzanne Nellen in 1984. However, it is unclear why the remark was added to the claim, or what action is to be taken because of the remark. No objections were filed, and no action will be taken. An additional notice-type remark was decreed on claim 41S 154054-00 and it does not require further proceedings. Claims 41S 154055-00, 41S 154056-00, and 41S 154059-00: 6. Claims 41S 154055-00, 41S 154056-00, and 41S 154059-00 were decreed with the “issues of fact and law” remark seen on claim 41S 154054-00; similarly, no action will be taken. Claims 41S 154055-00, 41S 154056-00, and 41S 154059-00 were also decreed with two notice-type remarks that do not require further action. Claims 41S 154057-00, 41S 154062-00, and 41S 154063-00: 7. Claims 41S 154057-00, 41S 154062-00, and 41S 154063-00 were decreed with notice-type remarks and do not require further proceedings. Claim 41S 154058-00: 8. Fish and wildlife claim 41S 154058-00 was decreed with the following issue remark: THE WATER COURT FINDS NO LEGAL BASIS FOR THIS PURPOSE TO BE CONSIDERED A BENEFICIAL USE OR AN APPROPRIATION OF WATER. Fish and wildlife use is a beneficial use of water and the remark no longer serves a purpose. Additionally, claim 41S 154058-00 was decreed with a volume notice-type remark. No objections were filed, and no further proceedings are required. 9. An Order Setting Filing Deadline was issued explaining that all issue remarks must be resolved and most of the issue remarks in this Case do not require further action. The Order set a deadline for Claimants Jason G. Loose, Katie M. Rein, 4 and Wesley M. Loose time to address the issue remarks that did require further attention. The Order set a deadline for the Claimants to file a statement agreeing or disagreeing that claims 41S 142234-00 and 41S 142237-00 be changed from “use” rights to “filed” rights and that the pumps described by claims 41S 142243-00 and 41S 142244-00 are transitory. The Order indicated that if nothing were filed by the deadline, this Water Master would conclude the Claimants agreed claims 41S 142234-00 and 41S 142237-00 are “filed” rights and the pumps described by claims 41S 142243-00 41S 142244-00 are transitory along the source. The following language was included in the Order: Failure to comply with the terms of this Order may result in sanctions, up to and including entry of default and termination of a water right claim or dismissal of objections. Rule 22, W.R.Adj.R. Nothing was filed by the deadline. PRINCIPLES AND CONCLUSIONS OF LAW 1. The Water Court is required to address all issue remarks decreed on a claim as well as any objections the claim receives. Sections 85-2-233, 85-2-247, and 85-2-248, MCA. 2. A properly filed Statement of Claim for an existing water right is prima facie proof of its content. Section 85-2-227, MCA. This prima facie validity may be overcome by evidence showing that one or more elements of the claim are incorrect. This standard of proof applies to objectors or claimants objecting to their own water right claims. Rule 19, W.R.Adj.R., Nelson v. Brooks, 2014 MT 120; 375 Mont.86, 95; 329 P.3d 558, 564. 3. Pursuant to Rule 22, W.R.Adj.R., if a claimant, objector, or intervenor fails to appear at a scheduled conference or hearing or fails to comply with an order issued by the Water Court, the Water Court may issue such orders of sanction with regard thereto as are just. 4. The notice-type issue remarks decreed claims in this Case have served their purpose. As no objections were filed, no further proceedings are required. 5 RECOMMENDATIONS 1. Claims 41S 142234-00 and 41S 142237-00 should be modified from “use” rights to “filed” rights. 2. The following information remark should be added to claims 41S 142243- 00 and 41S 142244-00: PUMPS ARE MOVEABLE ALONG THE SOURCE WITHIN THE LEGAL LAND DESCRIPTION. 3. The issue remarks should be removed from the claims in this Case. Post Decree Abstracts of Water Right Claims are served with the Report for review. ELECTRONICALLY SIGNED AND DATED BELOW. Service via USPS Mail: Katie M. Rein Jason G. Loose P.O. Box 305 Harlowton, MT 59036-0305 Wesley M. Loose 1450 W. Cardinal Ave Hayden, ID 83835-8861 \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\41S PD\Cases\629\41S-0629-R-2024 MR 4.22.24 rc.docx 6 Electronically Signed By: Hon. Judge Anika Stern Fri, Apr 26 2024 09:28:47 AM April 23, 2024 41S 142234-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 142234-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: JASON G LOOSE PO BOX 305 HARLOWTON, MT 59036-0305 Owners: KATIE M REIN PO BOX 305 HARLOWTON, MT 59036-0305 Priority Date: DECEMBER 31, 1956 Type of Historical Right: FILED Purpose (Use): STOCK Flow Rate: 12.00 GPM 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. *Volume: GROUNDWATER Source Name: GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County S2NESW 19 14N 15E JUDITH BASIN Sec 19 Twp 14N Rge 15E County JUDITH BASIN Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: WELL JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NESW April 23, 2024 41S 142237-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 142237-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: JASON G LOOSE PO BOX 305 HARLOWTON, MT 59036-0305 Owners: KATIE M REIN PO BOX 305 HARLOWTON, MT 59036-0305 Priority Date: DECEMBER 31, 1956 Type of Historical Right: FILED Purpose (Use): DOMESTIC Flow Rate: 12.00 GPM Volume: 5.00 AC-FT 1 Households: Maximum Acres: 2.00 Source Name: GROUNDWATER GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Period of Diversion: Qtr Sec Sec Twp Rge County S2NESW 19 14N 15E JUDITH BASIN Sec 19 Twp 14N Rge 15E County JUDITH BASIN JANUARY 1 TO DECEMBER 31 WELL Diversion Means: JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres 2.00 Total: 2.00 Govt Lot Qtr Sec NESW April 23, 2024 41S 142243-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 142243-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE JASON G LOOSE PO BOX 305 HARLOWTON, MT 59036-0305 Owners: KATIE M REIN PO BOX 305 HARLOWTON, MT 59036-0305 Priority Date: MARCH 5, 1906 Type of Historical Right: USE Purpose (Use): FIRE PROTECTION Flow Rate: 100.00 GPM THE VOLUME OF THIS WATER RIGHT IS LIMITED TO THE MINIMUM AMOUNTS NECESSARY FOR FIRE PROTECTION PURPOSES. *Volume: HAUCK COULEE Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NW 30 14N 15E JUDITH BASIN 19 14N 15E JUDITH BASIN Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: PUMP 2 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: PUMP PUMPS ARE MOVEABLE ALONG THE SOURCE WITHIN THE LEGAL LAND DESCRIPTION. JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NW 2 Sec 30 Twp 14N Rge 15E County JUDITH BASIN 19 14N 15E JUDITH BASIN 3 NWSE 35 14N 14E JUDITH BASIN 4 W2NE 35 14N 14E JUDITH BASIN 5 W2 35 14N 14E JUDITH BASIN 6 S2 26 14N 14E JUDITH BASIN 7 S2 25 14N 14E JUDITH BASIN Remarks: April 23, 2024 41S 142243-00 Page 2 of 2 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. 142236-00 142243-00 April 23, 2024 41S 142244-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S Water Right Number: 41S 142244-00 Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: Owners: ACTIVE JASON G LOOSE PO BOX 305 HARLOWTON, MT 59036-0305 WESLEY M LOOSE 1450 W CARDINAL AVE HAYDEN, ID 83835-8861 KATIE M REIN PO BOX 305 HARLOWTON, MT 59036-0305 Priority Date: MARCH 5, 1906 Type of Historical Right: USE Purpose (Use): FIRE PROTECTION Flow Rate: 100.00 GPM *Volume: Source Name: Source Type: THE VOLUME OF THIS WATER RIGHT IS LIMITED TO THE MINIMUM AMOUNTS NECESSARY FOR FIRE PROTECTION PURPOSES. UNNAMED TRIBUTARY OF HAUCK COULEE SURFACE WATER Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SE 26 14N 14E JUDITH BASIN 30 14N 15E JUDITH BASIN 25 14N 14E JUDITH BASIN 35 14N 14E JUDITH BASIN Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: PUMP 2 NWNW Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: PUMP 3 Period of Diversion: Diversion Means: N2SW JANUARY 1 TO DECEMBER 31 PUMP 4 NW Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: PUMP PUMPS ARE MOVEABLE ALONG THE SOURCE WITHIN THE LEGAL LAND DESCRIPTION. Period of Use: JANUARY 1 TO DECEMBER 31 April 23, 2024 41S 142244-00 Page 2 of 2 Post Decree Abstract Place of Use: ID 1 Acres Govt Lot Qtr Sec SE Sec 26 Twp 14N Rge 14E County JUDITH BASIN N2SW 25 14N 14E JUDITH BASIN 3 NW 35 14N 14E JUDITH BASIN 4 NWNW 30 14N 15E JUDITH BASIN 2 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. 142235-00 142244-00 April 23, 2024 41S 154053-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 154053-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: ACTIVE Status: JASON G LOOSE PO BOX 305 HARLOWTON, MT 59036-0305 Owners: KATIE M REIN PO BOX 305 HARLOWTON, MT 59036-0305 Priority Date: DECEMBER 31, 1935 Type of Historical Right: USE Purpose (Use): FISH AND WILDLIFE Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. *Volume: 250 GALLONS PER YEAR HAUCK COULEE Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SENWNE 19 14N 15E JUDITH BASIN Sec 19 Twp 14N Rge 15E County JUDITH BASIN JANUARY 1 TO DECEMBER 31 *Period of Diversion: DAM Diversion Means: ONSTREAM *Reservoir: Govt Lot Qtr Sec SENWNE Diversion to Reservoir: DIVERSION # 1 Dam Height: 13.00 FEET Depth: 10.00 FEET Surface Area: 10.50 ACRES Capacity: 42.00 ACRE-FEET THE DAM EXTENDS INTO THE SWNE SEC 19 TWP 14N RGE 15E JUDITH BASIN COUNTY. JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec W2NE Sec 19 Twp 14N Rge 15E County JUDITH BASIN April 23, 2024 41S 154053-00 Page 2 of 2 Post Decree Abstract 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. 154053-00 154055-00 April 23, 2024 41S 154054-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 154054-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: JASON G LOOSE PO BOX 305 HARLOWTON, MT 59036-0305 Owners: KATIE M REIN PO BOX 305 HARLOWTON, MT 59036-0305 Priority Date: DECEMBER 31, 1935 Type of Historical Right: USE Purpose (Use): AGRICULTURAL SPRAYING A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. *Flow Rate: Volume: 0.10 AC-FT Source Name: HAUCK COULEE SURFACE WATER Source Type: *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SENWNE 19 14N 15E JUDITH BASIN JANUARY 1 TO DECEMBER 31 *Period of Diversion: DAM Diversion Means: PUMP USED AS AN ADDITIONAL MEANS OF DIVERSION. ONSTREAM Reservoir: Govt Lot Qtr Sec SENWNE Sec 19 Twp 14N Rge 15E County JUDITH BASIN Qtr Sec NWSE Sec 35 Twp 14N Rge 14E County JUDITH BASIN 2 W2NE 35 14N 14E JUDITH BASIN 3 W2 35 14N 14E JUDITH BASIN 4 S2 26 14N 14E JUDITH BASIN 5 S2 25 14N 14E JUDITH BASIN Diversion to Reservoir: DIVERSION # 1 MARCH 31 TO NOVEMBER 30 Period of Use: Place of Use: ID 1 Acres Govt Lot April 23, 2024 41S 154055-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 154055-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: ACTIVE Status: JASON G LOOSE PO BOX 305 HARLOWTON, MT 59036-0305 Owners: KATIE M REIN PO BOX 305 HARLOWTON, MT 59036-0305 Priority Date: DECEMBER 31, 1935 Type of Historical Right: USE Purpose (Use): FIRE PROTECTION *Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. *Volume: THE VOLUME OF THIS WATER RIGHT IS LIMITED TO THE MINIMUM AMOUNTS NECESSARY FOR FIRE PROTECTION PURPOSES. HAUCK COULEE Source Name: SURFACE WATER Source Type: *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SENWNE 19 14N 15E JUDITH BASIN JANUARY 1 TO DECEMBER 31 *Period of Diversion: DAM Diversion Means: PUMP USED AS AN ADDITIONAL MEANS OF DIVERSION. ONSTREAM *Reservoir: Govt Lot Qtr Sec SENWNE Sec 19 Twp 14N Rge 15E County JUDITH BASIN Qtr Sec Sec 19 Twp 14N Rge 15E County JUDITH BASIN 2 NW 30 14N 15E JUDITH BASIN 3 NWSE 35 14N 14E JUDITH BASIN Diversion to Reservoir: DIVERSION # 1 Dam Height: 27.00 FEET Depth: 24.00 FEET Surface Area: 15.12 ACRES 144.00 ACRE-FEET Capacity: JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot April 23, 2024 41S 154055-00 Page 2 of 2 Post Decree Abstract 4 E2NE 35 14N 14E JUDITH BASIN 5 W2 35 14N 14E JUDITH BASIN 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. 154053-00 154055-00 April 23, 2024 41S 154056-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 154056-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: ACTIVE Status: JASON G LOOSE PO BOX 305 HARLOWTON, MT 59036-0305 Owners: KATIE M REIN PO BOX 305 HARLOWTON, MT 59036-0305 Priority Date: AUGUST 31, 1952 Type of Historical Right: USE Purpose (Use): FIRE PROTECTION *Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. *Volume: THE VOLUME OF THIS WATER RIGHT IS LIMITED TO THE MINIMUM AMOUNTS NECESSARY FOR FIRE PROTECTION PURPOSES. UNNAMED TRIBUTARY OF HAUCK COULEE Source Name: SURFACE WATER Source Type: *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NESWNW 35 14N 14E JUDITH BASIN JANUARY 1 TO DECEMBER 31 *Period of Diversion: DAM Diversion Means: PUMP USED AS AN ADDITIONAL MEANS OF DIVERSION. ONSTREAM *Reservoir: Govt Lot Qtr Sec NESWNW Sec 35 Twp 14N Rge 14E County JUDITH BASIN Sec 35 Twp 14N Rge 14E County JUDITH BASIN Diversion to Reservoir: DIVERSION # 1 Dam Height: 13.00 FEET Depth: 10.00 FEET Surface Area: 1.66 ACRES Capacity: 6.64 ACRE-FEET JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Remarks: Acres Govt Lot Qtr Sec NW April 23, 2024 41S 154056-00 Page 2 of 2 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. 154056-00 154057-00 154063-00 April 23, 2024 41S 154057-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 154057-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: ACTIVE Status: JASON G LOOSE PO BOX 305 HARLOWTON, MT 59036-0305 Owners: KATIE M REIN PO BOX 305 HARLOWTON, MT 59036-0305 Priority Date: AUGUST 31, 1952 Type of Historical Right: USE Purpose (Use): FISH AND WILDLIFE Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. *Volume: 250 GALLONS PER YEAR UNNAMED TRIBUTARY OF HAUCK COULEE Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NESWNW 35 14N 14E JUDITH BASIN Sec 35 Twp 14N Rge 14E County JUDITH BASIN Sec 35 Twp 14N Rge 14E County JUDITH BASIN JANUARY 1 TO DECEMBER 31 *Period of Diversion: DAM Diversion Means: ONSTREAM *Reservoir: Govt Lot Qtr Sec NESWNW Diversion to Reservoir: DIVERSION # 1 Dam Height: 13.00 FEET Depth: 10.00 FEET Surface Area: 1.66 ACRES Capacity: 6.64 ACRE-FEET JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Remarks: Acres Govt Lot Qtr Sec N2SWNW April 23, 2024 41S 154057-00 Page 2 of 2 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. 154056-00 154057-00 154063-00 April 23, 2024 41S 154058-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 154058-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE JASON G LOOSE PO BOX 305 HARLOWTON, MT 59036-0305 Owners: KATIE M REIN PO BOX 305 HARLOWTON, MT 59036-0305 Priority Date: DECEMBER 31, 1935 Type of Historical Right: USE Purpose (Use): FISH AND WILDLIFE Flow Rate: 500.00 GPM Volume: 1,000.00 AC-FT Source Name: HAUCK COULEE SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Period of Diversion: Qtr Sec Sec Twp Rge County 19 14N 15E JUDITH BASIN 30 14N 15E JUDITH BASIN Sec 30 Twp 14N Rge 15E County JUDITH BASIN 19 14N 15E JUDITH BASIN JANUARY 1 TO DECEMBER 31 INSTREAM Diversion Means: 2 NW Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: INSTREAM JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 2 Acres Govt Lot Qtr Sec NW April 23, 2024 41S 154059-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 154059-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: ACTIVE Status: JASON G LOOSE PO BOX 305 HARLOWTON, MT 59036-0305 Owners: KATIE M REIN PO BOX 305 HARLOWTON, MT 59036-0305 Priority Date: JUNE 30, 1952 Type of Historical Right: USE Purpose (Use): FIRE PROTECTION *Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. *Volume: THE VOLUME OF THIS WATER RIGHT IS LIMITED TO THE MINIMUM AMOUNTS NECESSARY FOR FIRE PROTECTION PURPOSES. HAUCK COULEE Source Name: SURFACE WATER Source Type: *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWNENW 30 14N 15E JUDITH BASIN JANUARY 1 TO DECEMBER 31 *Period of Diversion: DAM Diversion Means: PUMP USED AS AN ADDITIONAL MEANS OF DIVERSION. ONSTREAM *Reservoir: Govt Lot Qtr Sec NWNENW Sec 30 Twp 14N Rge 15E County JUDITH BASIN Qtr Sec NW Sec 30 Twp 14N Rge 15E County JUDITH BASIN 2 SW 19 14N 15E JUDITH BASIN 3 S2 25 14N 14E JUDITH BASIN Diversion to Reservoir: DIVERSION # 1 12.00 FEET Dam Height: 9.00 FEET Depth: Surface Area: 12.65 ACRES Capacity: 45.54 ACRE-FEET JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot April 23, 2024 41S 154059-00 Page 2 of 2 Post Decree Abstract 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. 154059-00 154060-00 April 23, 2024 41S 154060-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 154060-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: ACTIVE Status: JASON G LOOSE PO BOX 305 HARLOWTON, MT 59036-0305 Owners: KATIE M REIN PO BOX 305 HARLOWTON, MT 59036-0305 Priority Date: JUNE 30, 1952 Type of Historical Right: USE Purpose (Use): FISH AND WILDLIFE Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. *Volume: 250.00 GALLONS PER YEAR. HAUCK COULEE *Source Name: SURFACE WATER Source Type: *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWNENW 30 14N 15E JUDITH BASIN Sec 30 Twp 14N Rge 15E County JUDITH BASIN Sec 30 Twp 14N Rge 15E County JUDITH BASIN JANUARY 1 TO DECEMBER 31 *Period of Diversion: DAM Diversion Means: ONSTREAM *Reservoir: Govt Lot Qtr Sec NWNENW Diversion to Reservoir: DIVERSION # 1 Dam Height: 13.00 FEET Depth: 10.00 FEET Surface Area: 1.00 ACRES Capacity: 4.00 ACRE-FEET JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Remarks: Acres Govt Lot Qtr Sec N2N2NW April 23, 2024 41S 154060-00 Page 2 of 2 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. 154059-00 154060-00 April 23, 2024 41S 154062-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 154062-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: JASON G LOOSE PO BOX 305 HARLOWTON, MT 59036-0305 Owners: KATIE M REIN PO BOX 305 HARLOWTON, MT 59036-0305 Priority Date: AUGUST 31, 1952 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. UNNAMED TRIBUTARY OF HAUCK COULEE Source Name: SURFACE WATER Source Type: *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NESWNW 35 14N 14E JUDITH BASIN Sec 35 Twp 14N Rge 14E County JUDITH BASIN Sec 35 Twp 14N Rge 14E County JUDITH BASIN JANUARY 1 TO DECEMBER 31 *Period of Diversion: Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NESWNW Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec E2SWNW April 23, 2024 41S 154063-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 154063-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE JASON G LOOSE PO BOX 305 HARLOWTON, MT 59036-0305 Owners: KATIE M REIN PO BOX 305 HARLOWTON, MT 59036-0305 Priority Date: JUNE 30, 1952 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. HAUCK COULEE Source Name: SURFACE WATER Source Type: *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWNENW 30 14N 15E JUDITH BASIN Sec 30 Twp 14N Rge 15E County JUDITH BASIN Sec 30 Twp 14N Rge 15E County JUDITH BASIN JANUARY 1 TO DECEMBER 31 *Period of Diversion: Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NWNENW Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec N2NW 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. 154056-00 154057-00 154063-00

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