Bare, DNRC, US (Bureau of Reclamation)

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IN THE WATER COURTS OF THE STATE OF MONTANA YELLOWSTONE DIVISION YELLOWSTONE RIVER FROM BRIDGER CREEK TO THE CLARKS FORK YELLOWSTONE BASIN - 43QJ ** ******* * ** ** ****** *** * ** * * IN THE MATTER OF THE ADJUDICATION OF THE EXISTING RIGHTS TO THE USE OF ALL THE WATER, BOTH SURFACE AND UNDERGROUND, WITHIN THE YELLOWSTONE RIVER FROM BRIDGER CREEK TO THE CLARKS FORK YELLOWSTONE DRAINAGE AREA, INCLUDING ALL TRIBUTARIES OF THE YELLOWSTONE RIVER FROM BRIDGER CREEK TO THE CLARKS FORK YELLOWSTONE IN STILLWATER, CARBON, SWEET GRASS AND YELLOWSTONE COUNTIES, MONTANA. Case 43QJ-40 CLAIMANT: J. Everett Bare OBJECTOR: Bureau of Reclamation, DNRC MASTER'S REPORT Findings of Fact 1. J. Everett Bare was decreed irrigation claim number 43QJ-W-033940 in the Preliminary Decree of the Yellowstone River Basin (43QJ). 2. On the back of the original Statement of Claim form for this irrigation claim, at item 12 (Period of Use), the Claimant, Mr. Bare, added a note which reads "And Stockwater all year round". This handwritten addition to the original Statement of Claim for the irrigation water indicates that the Claimant was using this water for stockwater purposes as well as irrigation use. Because the stockwater right involves a diversion from the Yellowstone River, it would not be exempt from filing under Section 85-2-222 MCA. For this reason, the Water Court directed the Records Section of the Department of Natural Resources and Conservation to imply a stockwater claim from the original Statement of Claim for irrigation claim number 43QJ-W-033940. 3. The implied stockwater claim number 43QJ-W-211736 was created to reCord the Claimant's stockwater right. The following remark should be printed on the abstract of water right claim numbers 43QJ-W-033940 and 211736: The water rights listed following this statement are multiple uses of the same right. The use of the right for several purposes does not increase the extent of the water right. Rather it decrees the right to interchange the use (purpose) of the water in accord with historic practices. W033940-00, W211736-00. 4. The Department of Natural Resources and Conservation and the United States of America, Bureau of Reclamation, filed objections against irrigation claim number 43QJ-W-033940. A stipulation was executed between the Claimant and the DNRC dated April 18, 1986. A second stipulation was executed between the Claimant and the United States of America, Bureau of Reclamation, on June 21, 1986. Both of these stipulations provide identical provisions that the abstract of water right claim number 43QJ-W-033940 should be amended as follows: Volume: 945.86 acre-feet/year Maximum Acres: 131.00 Place of Use for Irrigation: 001 35.00 acres SENW Sec. 26, 002 37.00 acres S2NE Sec. 26, 003 36.00 acres NESW Sec. 26, 004 23.00 acres N2SE Sec. 26, 131.00 acres total T T T T 01S, 01S, 01S, 01S, R R R R 17E, 17E, 17E, 17E, Sweet Sweet Sweet Sweet Grass Grass Grass Grass 5. Upon entry of the .corrections listed in Finding of Fact 4 to water right claim number 43QJ-W-033940 in the Final Decree of the Yellowstone River Basin (43QJ), the United States of America and the Department of Natural Resources and Conservation withdrew their objections against this claim. Conclusions of Law 1. The Water Court has the jurisdiction to review all objections to Preliminary Decrees pursuant to 85-2-233 MCA. 2. J. Everett Bare was decreed irrigation claim number 43QJ-W-033940 in the Preliminary Decree of the Yellowstone River Basin (43QJ). 3. An implied stockwater claim number 43QJ-W-211736 was created based upon the handwritten notation made by the Claimant, on item number 12 (Period of Use) on the original Statement of Claim for irrigation claim number 43QJ-W-033940 which reads "and stockwater all year round". Since this right involves a diversion from the Yellowstone River, stockwater use is not an exempt filing under Section 85-2-222 MCA and the implied right shall be published in the Final Decree of the Yellowstone River Basin (43QJ). 4. Pursuant to stipulations executed between the Claimant and the United States of America and the Claimant and the DNRC on June 21, 1986 and April 18, 1986 respectively, the abstract of water right claim number 43QJ-W-033940 shall be corrected as provided in Findings of Fact numbers 3 and 4. 5. Based upon the entry of the corrections to the abstract of water right claim number 43QJ-W-033940 in the Final Decree of the Yellowstone River Basin (43QJ), the DNRC and the United States of America, Bureau of Reclamation, formally withdrew their objections against this claim. DATED this 1st day of October, 1986. = )(o,(11 Marjorie Black, Water Misteri ORDER \,) Having read the Master's Report dated October 1, 1986, it is ORDERED that the abstract of irrigation claim number 43QJ-W-033940 shall be corrected as provided in Findings of Fact numbers 3 and 4 and stockwater right 43QJ-W-211736 is implied. DATED this 7 day of January, 1987. c).0)1 W.W. Lessley, Chief Water Judge cc: J. Everett Bare Candace West, Attorney John R. Hill, Jr., Attorney

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