Christian
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IN THE WATER COURTS OF THE STATE OF MONTANA UPPER MISSOURI DIVISION - WILLOW CREEK BASIN - 41N * * * * * ** * *** ***** ********** IN THE MATTER OF THE ADJUDICATION OF THE EXISTING RIGHTS TO THE USE OF ALL THE WATER, BOTH SURFACE AND UNDERGROUND, WITHIN THE WILLOW CREEK DRAINAGE AREA, INCLUDING ALL TRIBUTARIES OF WILLOW CREEK IN LIBERTY AND TOOLE COUNTIES, MONTANA. ) Case 41N-40 ) ) ) ) MASTER'S REPORT Findings of Fact Steven E. Christian raised a timely objection asserting that he mistakenly overlooked a mining water right claim at the time that he filed his other water right claims. Mr. Christian filed numerous water right claims in the Willow Creek Basin. He did not become aware that he failed to file the above mentioned mining claim until theWillow Creek Basin Preliminary Decree was issued. This objection is uncontested. Chief Water Judge W.W. Lessley has directed that this objection will be sustained and that Steven E. Christian will be issued this mining water right in the Willow Creek Basin Final Decree according to the terms and conditions stated on the "Other Uses" claim form submitted to the Water Court on May 20, 1985 by Mr. Christian's attorney, Joseph R. Hunt. Conclusions of Law 1. The Water Court has jurisdiction to review all objections to preliminary decrees pursuant to 85-2-233 MCA. 2. Steven E. Christian should be issued a mining water right claim in the Willow Creek Final Decree with the following terms and conditions: Source: Unnamed Tributary of Eclipse Gulch Point of Diversion: NESESE, Section 18, T 36N, NWSESE, Section 18, 111 ,36N, NESWSE, Section 18, T 36N, NWSWSE, Section 18, T 36N, NESESW, Section 18, T 36N, NWSESW, Section 18, T 36N, SENESW, Section 18, T 36N, SWNESW, Section 18, T 36N, NWNESW, Section 18, T 36N, Means of Diversion: Pump Means of Conveyence .: Pipeline Place of use: SEk, Section 18, T 3 6N, R 03E SEkSW1/4, Section 18, T 3 6N, R 03E NEkSWhi, Section 18, T 3 6N, R 03E Flow Rate: 2 cfs Volume: 210 acre feet per year Period of Use: April 1 to November 3 0 Type of Right: Use Right Priority Date: January 1, 1900 R R R R R R R R R 03E, 03E, 03E, 03E, 03E, 03E, 03E, 03E, 03E, Toole Toole Toole Toole Toole Toole Toole Toole Toole 13 day of June, 1985. Respectfully submitted this //e12,7e Timothy J. 'Sullivan, Water Master ORDER After having reviewed the Master's Report dated June 3, 1985, and being satisfied with the Findings of Fact and Conclusions of Law contained in that Report, it is ORDERED that the Report be adopted. DATED this day of June, 1985. W.W. Lessley, Chief Water Judge cc: Steven E. Christian Robert G. Anderson, Attorney -2- Co. Co. Co. Co. Co. Co. Co. Co. Co.
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