Montana Fish, Wildlife & Parks, Reeb, US (Natijonal Park Service), USDA Forest Service

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IN THE WATER COURTS OF THE STATE OF MONTANA YELLOWSTONE DIVISION YELLOWSTONE RIVER ABOVE AND INCLUDING BRIDGER CREEK BASIN (43B) ******************** 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 ABOVE AND ) INCLUDING ALL TRIBUTARIES OF THE YELLOWSTONE RIVER ABOVE AND INCLUDING ) BRIDGER CREEK IN GALLATIN, PARK, SWEET ) GRASS AND STILLWATER COUNTIES, MONTANA. ) 43B-W-193342-00, 43B-W-193343-00, 43B-W-193353-00, 43B-W-193354-00, 43B-W-193360-00, 43B-W-193361-00, 43B-W-193367-00 CASE NO. 43B-486 CLAIM NUMBERS: 43B-W-193334-00 43B-W-193335-00 43B-W-193336-00 43B-W-193337-00 43B-W-193339-00 43B-W-193340-00 43B-W-193348-00, 43B-W-193355-00, 43B-W-193362-00, CLAIMANT: Margaret Reeb OBJECTOR: United States of America (National Park Service) MT Department of Fish, Wildlife and Parks United States of America (USDA Forest Service) ON MOTION OF THE WATER COURT ORDER MODIFYING AND ADOPTING MASTER'S REPORT Pursuant to Rule 53(e), Mont. Code Ann., Sec. 85-2-233(4), the above entitled case was assigned to Water Master Carol Brown. On August 11, 1989, the Water Master issued a report containing Findings of Fact and Conclusions of Law. Copies of the report were served upon the parties. On August 24, 1989, the Court received a Notice of Objection to the Master's Report from Kenneth P. Pitt, special assistant United States attorney, requesting the following corrections: FINDINGS OF FACT 1. should be changed from: "The Montana Department of Fish, Wildlife and Parks (DFWP) filed timely objections contesting ownership, purpose of right, volume, flow rate, period of use, abandonment and nonexistent on 43B-W-193334-00, 193335-00, 193336-00, 193337-00, 193339-00, 193340-00, 193342-00, 193343-00, 193348-00, 193353-00, 193354-00 and 193355-00"; to: "The Montana Department of Fish, Wildlife and Parks (DFWP) filed timely objections contesting ownership, purpose of right, volume, flow rate, period of use, abandonment and consumptive use on 43B-W-193334-00, 193335-00, 193336-00, 193337-00, 193339-00, 193340-00, 193342-00, 193343-00, 193348-00, 193353-00, 193354-00 and 193355-00"; FINDINGS OF FACT 2. should be changed from: "The National Park Service filed timely objections contesting ownership, purpose, volume, flow rate, period of use, nonexistent and non-use on all 16 claims; to: "The United States of America (USDI-NPS) filed timely objections contesting purpose, volume, flow rate and abandonment on all 16 claims"; to: "The United States of America (USDI-NPS) filed timely objections contesting purpose, volume, flow rate and abandonment on all 16 claims". CONCLUSIONS OF LAW, III. should be changed from: "The date the the cessation treaty"; to: "The date the cessation treaty". CONCLUSIONS OF LAW, IV. 43B-W-193355-00, 2. Clarification of land description: This should be changed from: "Place of use is within Mineral Survey No. 10246, Stump Lode - Patent No. 855890", -2- to: "Place of use and point of diversion is within Mineral Survey No. 10246, Stump Lode - Patent No. 855890." CONCLUSIONS OF LAW, IV. 43B-W-193362-00, 1. Clarification of land description: This should be changed from: "Place of use is within Mineral Survey No. 10246, Stump Lode - Patent No. 85590", to: "Place of use and point of diversion is within Mineral Survey No. 10246, Stump Lode - Patent No. 855890." The Court has reviewed carefully the Water Master's Findings of Fact and Conclusions of Law and the objection by the United States. It appears that the objection is correct. Pursuant to Rule 53(e), Mont. R. Civ. P., the Court adopts the Master's conclusions of Law, as modified. ORDERED that the changes recommended in the Master's Conclusions of Law, as modified, be made to the abstracts of these claims as they appear in the Temporary Preliminary Decree of the Yellowstone River Basin. DATED this g day of November 1989. CERTIFICATE OF SERVICE I, Judith A. Salvas, Deputy Clerk of Court of the Montana Water Court, hereby certify that a true and correct copy of the above Order Modifying and Adopting Master's Report was duly served upon the following persons listed herein, by depositing the same, postage prepaid, in the United States mail. Margaret Reeb P . 0. Box 301 Livingston, MT 59047 Ken Czarnowski National park Service P . O. Box 476 Yellowston Park, WY USDA Forest Service P . O. Box 7669 Missoula, MT 59807 John R. Hill, Jr., Attorney Department of Justice 1961 Stout St., Drawer 3607 Denver, CO 80294-3607 DATED this /5E706 G. Steven Brown, Attrorney MT Dept of Fish, Wildlife and Parks 1313 - 11th Ave. Helena, MT 59601 Kenneth Pitt, Special Asst. U. S. Attorney P. O. Box 7669 Missoula, MT 59807 National Park Service Water Resources Division Federal Building - Room 343 Fort Collins, CO 80521 day of 2111011141441:' 1989. dith A. Salvas eputy Clerk of Court IN THE WATER COURTS OF THE STATE OF MONTANA YELLOWSTONE DIVISION YELLOWSTONE RIVER ABOVE AND INCLUDING BRIDGER CREEK BASIN (43B) ******************** 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 ABOVE AND ) INCLUDING ALL TRIBUTARIES OF THE YELLOWSTONE RIVER ABOVE AND INCLUDING ) BRIDGER CREEK IN GALLATIN, PARK, SWEET ) GRASS AND STILLWATER COUNTIES, MONTANA. ) s.o 1. CASE NO. a.486 CLAIM N E g ,eugon I) 1989 43B-W-1 43B-W-1: §§tiedMon3 43B-W-1°..16,649Cc4!rfs %Alva 43B-W-19' -00 43B-W-1933 43B-W-193340-00, 433-W-193342-00, 43B-W-193343-00, 43B-W-193348-00 43B-W-193353-00, 43B-W-193354-00, 43B-W-193355-00, 43B-W-193360-00 43B-W-193361-00, 43B-W-193362-00, 43B-W-193367-00 CLAIMANT: Margaret Reeb OBJECTOR: United States of America (National Park Service) MT Department of Fish, Wildlife and Parks United States of America (USDA Forest Service) ON MOTION OF THE WATER COURT MASTER'S REPORT FINDINGS OF FACT 1. The Montana Department of Fish, Wildlife and Parks (DFWP) filed timely objections contesting ownership, purpose of right, volume, flow rate, period of use, abandonment and nonexistent on 43B-W-193334-00, 193335-00, 193336-00, 193337-00, 193339-00, 193340-00, 193342-00, 193343-00, 193348-00, 193353-00, 193354-00 and 193355-00. 2. The National Park Service filed timely objections contesting ownership, purpose, volume, flow rate, period of use, nonexistent and non-use on all 16 claims. 3. The USDA Forest Service filed timely objections contesting priority date, purpose, place of use, point of diversion, means of diversion, volume and flow rate on 43B-W-193340-00. 4. The Court called in on its own Motion claims 43B-W-193335-00, 193354-00 and 193362-00 concerning a priority date conflict with the Crow Indian Reservation. 5. The Court received a stipulation on all 16 claims signed by Margaret Reeb, claimant, Ted Doney, attorney for the claimant, G. Steven Brown, attorney for the DFWP, objector, and Ken Pitt, special assistant U. S. attorney representing the United States of America National Park Service and USDA Forest Service, objectors. The parties agreed to changes in remarks, volumes, flow rates, points of diversion, places of use, and to the withdrawal of two claims. The United States and DFWP agreed to the withdrawal of their objections upon the Court's acceptance of the stipulation. 6. The Court received an amended stipulation signed by the same parties agreeing to changes in priority date on three claims and source on two claims and reconfirming the original stipulation. 7. After reviewing these facts the Master finds that there has been no overreaching or misunderstanding by the parties in the signing of these stipulations. 8. The Court received withdrawals of claims 43B-W-193361-00, and 193343-00 from Margaret Reeb pursuant to these stipulations. 9. The lands claimed in 43B-W-193335-00, 193354-00 and 293362-00 were part of the Crow Indian Reservation on the priority date claimed. 10. There is no evidence that the lands contained in 43B-W-193335-00, 193354-00 and 193362-00 were originally an Indian allotment. 11. The lands contained in 43B-W-193335-00, 193354-00 and 193362-00 were signed over to the United States by the Crow Indians through a treaty dated December 8, 1890. Such treaty was ratified by Congress on March 3, 1891 and the lands opened for public settlement on October 12, 1892. CONCLUSIONS OF LAW I. The Water Court has jurisdiction to review all objections to Temporary Preliminary Decrees pursuant to Sec. 85-2-233, MCA. Indian Lands become part of the public domain when a cessation treaty is signed by the Indians and when such treaty is ratified by Congress, not when the land is officially opened up for settlement Cook et al V. Hudson, 110 MT 263, 103 P2d 137 (1940). The date the the cessation treaty regarding the lands in 43B-W-193335-00, 193354-00 and 193362-00 was ratified by Congress was March 3, 1891. Therefore this is the earliest possible priority date under state law. IV. Based upon the agreements of the parties the following changes should be made to the abstracts of these claims as they appear in the Temporary Preliminary Decree of the Stillwater River Basin: 43B-W-193334-00 FLOW RATE: VOLUME: 1.00 cfs Unquantified Remove the non-consumptive remark and add: 1. This use is essentially non-consumptive. In the event of a subsequent transfer or change of this water right, the use shall be presumed to be non-consumptive, but the owner of the right may rebut this presumption by competent evidence of historical consumptive use. 2. This claim and the following claims are supplemental. The total composite flow rate for all claims shall not exceed 1.50 cfs. W-193334-00, W-193337-00, W-193339-00, W-193342-00, W-193353-00 and W-193354-00 43B-W-193335-00 PRIORITY DATE: FLOW RATE: VOLUME: March 3, 1891 3.00 cfs Unquantified Remove the non-consumptive remark and add: 1. This use is essentially non-consumptive. In the event of a subsequent transfer or change of this water right, the use shall be presumed to be non-consumptive, but the owner of the right may rebut this presumption by competent evidence of historical consumptive use. 2. This claim and the following claims are supplemental. The total composite flow rate for all claims shall not exceed 3.00 cfs. W-193335-00, W-193336-00, W-193348-00 43B-W-193336-00 FLOW RATE: 3.00 cfs Remove the non-consumptive remark and add: 1. This use is essentially non-consumptive. In the event of a subsequent transfer or change of this water right, the use shall be presumed to be non-consumptive, but the owner of the right may rebut this presumption by competent evidence of historical consumptive use. 2. This claim and the following claims are supplemental. The total composite flow rate for all claims shall not exceed 3.00 cfs. W-193335-00, W-193336-00, W-193348-00 433-W-193337-00 FLOW RATE: VOLUME: 0.10 cfs Unquantified Remove the non-consumptive remark and add: 1. This use is essentially non-consumptive. In the event of a subsequent transfer or change of this water right, the use shall be presumed to be non-consumptive, but the owner of the right may rebut this presumption by competent evidence of historical consumptive use. 2. This claim and the following claims are supplemental. The total composite flow rate for all claims shall not exceed 1.50 cfs. W-193334-00, W-193337-00, W-193339-00, W-193342-00, W-193353-00 and W-193354-00 433-W-193339-00 FLOW RATE: VOLUME: 1.00 cfs Unquantified Remove the non-consumptive remark and add: 1. This use is essentially non-consumptive. In the event of a subsequent transfer or change of this water right, the use shall be presumed to be non-consumptive, but the owner of the right may rebut this presumption by competent evidence of historical consumptive use. 2. This claim and the following claims are supplemental. The total composite flow rate for all claims shall not exceed 1.50 cfs. W-193334-00, W-193337-00, W-193339-00, W-193342-00, W-193353-00 and W-193354-00 43B-W-193340-00 FLOW RATE: VOLUME: 1.00 cfs Unquantified Remove the non-consumptive remark and add: 1. This use is essentially non-consumptive. In the event of a subsequent transfer or change of this water right, the use shall be presumed to be non-consumptive, but the owner of the right may rebut this presumption by competent evidence of historical consumptive use. 43B-W-193342-00 FLOW RATE: VOLUME: 1.00 cfs Unquantified Remove the non-consumptive remark and add: 1. This use is essentially non-consumptive. In the event of a subsequent transfer or change of this water right, the use shall be presumed to be non-consumptive, but the owner of the right may rebut this presumption by competent evidence of historical consumptive use. 2. This claim and the following claims are supplemental. The total composite flow rate for all claims shall not exceed 1.50 cfs. W-193334-00, W-193337-00, W-193339-00, W-193342-00, W-193353-00 and W-193354-00 43B-W-193343-00 TERMINATED: Add the following remark: This claim has been withdrawn at the request of the claimant. 43B-W-193348-00 FLOW RATE: VOLUME: 3.00 cfs Unquantified Remove the non-consumptive remark and add: -6- 1. This use is essentially non-consumptive. In the event of a subsequent transfer or change of this water right, the use shall be presumed to be non-consumptive, but the owner of the right may rebut this presumption by competent evidence of historical consumptive use. 2. This claim and the following claims are supplemental. The total composite flow rate for all claims shall not exceed 3.00 cfs. W-193335-00, W-193336-00, W-193348-00 43B-W-193353-00 FLOW RATE: VOLUME: 0.10 cfs Unquantified Remove the non-consumptive remark and add: 1. This use is essentially non-consumptive. In the event of a subsequent transfer or change of this water right, the use shall be presumed to be non-consumptive, but the owner of the right may rebut this presumption by competent evidence of historical consumptive use. 2. This claim and the following claims are supplemental. The total composite flow rate for all claims shall not exceed 1.50 cfs. W-193334-00, W-193337-00, W-193339-00, W-193342-00, W-193353-00 and W-193354-00 43B-W-193354-00 PRIORITY DATE: FLOW RATE: VOLUME: March 3, 1891 1.00 cfs Unquantified Remove the non-consumptive remark and add: 1. This use is essentially non-consumptive. In the event of a subsequent transfer or change of this water right, the use shall be presumed to be non-consumptive, but the owner of the right may rebut this presumption by competent evidence of historical consumptive use. 2. This claim and the following claims are supplemental. The total composite flow rate for all claims shall not exceed 1.50 cfs. W-193334-00, W-193337-00, W-193339-00, W-193342-00, W-193353-00 and W-193354-00 43B-W-193355-00 FLOW RATE: VOLUME: SOURCE: POINT OF DIVERSION: NENW Sec. 26, 0.20 cfs Unquantified Spring, Trib. of Soda Butte Creek TO9S, R14E, Park TO9S, R14E, Park PLACE OF USE: NENW Sec. 26, Remove the non-consumptive remark and add: 1. This use is essentially non-consumptive. In the event of a subsequent transfer or change of this water right, the use shall be presumed to be non-consumptive, but the owner of the right may rebut this presumption by competent evidence of historical consumptive use. 2. Clarification of land description: Place of use is within Mineral Survey No. 10246, Stump Lode - Patent No. 855890 3) This claim and the following claims are supplemental. The total composite flow rate for both claims shall not exceed 0.20 cfs. W-193355-00, W-193362-00 4) The source, point of diversion and place of use have been changed by agreement of the parties although not objected to. Therefore they will be subject to objection at the Preliminary Decree stage. 43B-W-193360-00 VOLUME: Unquantified 43B-W-193361-00 TERMINATED: Add the following remark: This claim has been withdrawn at the request of the claimant. 43B-W-193362-00 PRIORITY DATE: VOLUME: March 3, 1891 Unquantified -8- SOURCE: Spring, Trib. of Soda Butte Creek POINT OF DIVERSION: NENW Sec. 26, TO9S, R14E, Park R14E, Park PLACE OF USE: NENW Sec. 26, TO9S, Add the following remark: 1. Clarification of land description: Place of use is within Mineral Survey No. 10246, Stump Lode - Patent No. 855890. 2. This claim and the following claims are supplemental. The total composite flow rate for all claims shall not exceed 0.20 cfs. W-193355-00, W-193362-00 4) The source, point of diversion and place of use have been changed by agreement of the parties although not objected to. Therefore they will be subject to objection at the Preliminary Decree stage. 43B-W-193367-00 VOLUME: DATED this Unquantified /7 17 2 - day of (&J.. 1989. Carol Brown Water Master CERTIFICATE OF SERVICE I, Judith A. Salvas, Deputy Clerk of Court of the Montana Water Court, hereby certify that a true and correct copy of the above Master's Report was duly served upon the following persons listed herein, by depositing the same, postage prepaid, in the United States mail. Margaret Reeb P. 0. Box 301 Livingston, MT 59047 Ken Czarnowski National Park Service P. O. Box 476 G. Steven Brown, Attorney Mt. Dept. of Fish, Wildlife & Parks 1313 - 11th Ave. Helena, MT 59601 Yellowstone Park, WY Kenneth Pitt, Special Asst. U. S. Attorney USDA Forest Service Missoula, MT 59807 P. O. Box 7669 P. O. Box 7669 Missoula, MT 59807 John R. Hill, JR., Attorney Department of Justice 1961 Stout St., Drawer 3607 Denver, CO 80294-3607 DATED this day of National Park Service Water Resources Division Federal Building-Room 343 Fort Collins, CO 80521 1989. Judith A. Salvas Deputy Clerk of Court IN THE WATER COURTS OF THE STATE OF MONTANA YELLOWSTONE DIVISION YELLOWSTONE RIVER ABOVE AND INCLUDING BRIDGER CREEK ************************** 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 DRAINAGE AREA, INCLUDING ALL TRIBUTARIES OF THE YELLOWSTONE RIVER ABOVE AND INCLUDING BRIDGER CREEK IN GALLATIN, PARK, SWEETGRASS, AND STILLWATER COUNTIES, MONTANA. ) ) ) ) ) ) ) ) ) STIPULATI _11 4 FILED OCT 25 i988 c9,kitate cf Montana Water Courts jZZ * CASE NO. 43B-486 CLAIM NOS. 43B-W-193334, 43B-W-1933359 43B-W-193336, 43B-W-193337, 433-W-193340, 43B-W-193343, 43B-W-193353, 43B-W-193355, 43B-W-193361, 43B-W-193367. 43B-W-193339, 43B-W-193342, 43B-W-193348, 43B-W-193354, 43B-W-193360,43B-W-193362, ON COMES NOW, the United States of America and Montana Department of Fish, Wildlife and Parks, Objectors, by their undersigned attorneys; and Margaret Reeb, Claimant, by herself, with approval as to form and content by her undersigned attorney, and stipulate and agree as follows: la. The United States of America objected to the open-ended nature of the Abstracts of Water Right in the .Temporary Preliminary Decree for Water Right Nos. 43B-W-193334, 43B-W-193335, 43B-W-193336, 43B - W - 193337, 43B - W - 193339, 43B - w - 193340, 43B - W - 193342, 43B - W - 193348, 43B - W - 193353, 43B-W-193354, and 43B-W-193355. lb. The parties agree that the following language should be stricken from the Temporary Preliminary and subsequent Decrees for the claims listed in paragraph la: "This use may consume some water but until that amount is quantified, it is presumed that the use is non-consumptive." lc. The parties agree that the following language be inserted in the Temporary Preliminary and subsequent Decrees for the claims listed in paragraph la: "This use is essentially non-consumptive. In the event of a subsequent transfer or change of this water right, the use shall be presumed to be non-comsumptive, but the owner of the right may rebut this presumption by competent evidence of historical consumptive use." 2. The parties agree that the volume (acre feet/year) restrictions for claims consolidated into Case 43B - 486, as listed above, shall be stricken from the respective abstracts. Page 2 of 4 3. Claims 43B-W-193334, 43B-W-193337, 43B-W-193339, 43B-W-193342, 43B-W-193353, and 43B-W-193354 are within the Miller Creek drainage and shall be considered supplemental, in that the total composite flow rate from all the claims listed in this paragraph shall not exceed 1.5 cfs. The abstract for each such claim shall include the above limitation and, furthermore, the flow rate for each individual claim shall be listed as follows: 43B-W-193334 43B-W-193337 43B-W-193339 43B-W-193342 43B-W-193353 43B-W-193354 1.00 0.10 1.00 1.00 0.10 1.00 cfs cfs cfs cfs cfs cfs 4 ¢ Claims 43B-W-193335, 43B-W-193336, and 43B-W-193348 are located in Soda Butte and Republic Creeks and shall be considered supplemental, in that the total composite flow rate from all the claims listed in this paragraph shall not exceed 3.0 cfs. The abstract for each such claim shall include the above limitation and, furthermore, the flow rates for each individual claim shall be listed as follows: 43B-W-193335 43B-W-193336 433-W-193348 3.00 cfs 3.00 cfs 3.00 cfs 5. The flow rate of 2.50 cfs, as stated in the Abstract of Water Right in the Temporary Preliminary Decree for Water Right No. 43B-W-193340, on Woody Creek, shall be reduced to a flow rate of 1.0.cfs. 6. The Objectors' shall withdraw their respective objections to Water Right No. 43B-W-193367 (domestic use on Soda Butte Creek), immediately upon execution of this Stipulation, so long as said right is continued to be used for domestic purposes. 7. The corrected Place of Use and Point of Diversion 43B-W-193355 and 43B-W-193362 shall be listed as the NENW, R14E, Park County, and shall be noted to be within Mineral Lode - Patent No. 855890. Furthermore, the correct source spring for both claims. for Claim Nos. Section 26, T9S, Survey 10246, Stump shall be listed as a .7 Page 3 of 4 8. Claim Nos. 43B-W-193355 and 43B-W-193362 shall be considered supplemental, in that the total composite flow rate from all the claims listed in this paragraph shall not exceed 0.2 cfs. The abstract for each such claim shall include the above limitation and, furthermore, the flow rates for each individual claim shall be listed as follows: 433-W-193355 43B-W-193362 .2 cfs .06 cfs 9. Claim Nos. 43B-W-193343 and 43B-W-193361, immediately upon execution of this Stipulation, shall be withdrawn from the Temporary Preliminary Decree. 10. Upon entry of Preliminary and Final Decrees reflecting the foregoing corrections and with no other change in the Abstract of Water Right for the above numbered Water Rights, the Notices of Objection of the United States of America and the Montana Department of Fish, Wildlife and Parks, shall be deemed to have been withdrawn. 11. This Stipulation is made only in an attempt to settle objections to the above-referenced water claims and does not necessarily represent the position of Objectors in their recognition of beneficial historic or current use of water in accordance with the "doctrine of prior appropriation" as espoused by the laws of the State of Montana. 12. This Stipulation was entered into and executed voluntarily by all those parties as undersigned herein in good faith, and without any fraud, overreaching, misunderstanding, misrepresentation, duress, or undue influence, whatsoever. Page 4 of 4 Dated this -day 1)?-712;e:-/a4 1198 :4N1.1 TEd/ ONEY Esq. Approved As To For & Content P.O. Box 1185 Helena, MT 59624 (406) 443-7018 Attorney for CLAIMANT /..." By: (!--) ¢ STEVEN BROWN, Esq. Montana Department of Fish, Wildlife & Parks 1313 11th Ave Helena, MT 59620 BYRON H. DUNBAR - United States Attorney District of Montana JOHN R. HILL, JR., ATTORNEY U.S. Department of Justice Land and Natural Resources Division By 6/ / /i /4) Sr KENNETH P. PITT Special Assistant United States Attorney District of Montana P.O. Box 7669 Missoula, MT 59807 (406) 329-3066 OBJECTORS IN THE WATER COURTS OF THE STATE OF MONTANA YELLOWSTONE DIVISION YELLOWSTONE RIVER ABOVE AND INCLUDING BRIDGER CREEK - 4 f. .; , r JAW rs," ,f% St ¢ ¢ e. c2f lea ¢ . ****** ********* * *********** * 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 DRAINAGE AREA, INCLUDING ALL TRIBUTARIES OF THE YELLOWSTONE RIVER ABOVE AND INCLUDING BRIDGER CREEK IN GALLATIN, PARK, SWEETGRASS, AND STILLWATER COUNTIES, MONTANA. ) ) ) ) ) ) ) ) ) ) CASE NO. 43B-486 CLAIM NOS. 43B-W-193335, 43B-W-193354, 43B-W-193355 43B-W-193362 AMENDMENT TO STIPULATION That Stipulation filed with the Montana Water Court on October 25, 1988, regarding the above-captioned case is hereby corrected and amended as follows. 1. The priority date for Claims 43B-W-193335, 43B - W - 193354 and 43B-W-193362 shall be listed as April 12, 1882. . 2. The source for Claims 43B-W-193355 and 43B-W-193362 shall be listed as "spring, tributary of Soda Butte Creek." 3. The remainder of the above-mentioned Stipulation shall remain in force and effect. Dated thicJ.ay of November, 198 ED DO Y, Esq. Approved As To orm & Content P.O. Box 1185 Helena, MT 59624 (406) 443-7018 Attorney for CLAIMANT EN BROWN, Esq. Montana Department of Fish, Wildlife & Parks 2 1313 11th Ave Helena, MT 59620 ¢ .49 Page 2 of 2 Reeb Amendment By: JA/IES MADDEN, Esq. Montana Department of Natural Resources (4nd Conservation 1520 East Sixth Helena, MT 59620 BYRON H. DUNBAR United States Attorney District of Montana JOHN R. HILL, JR., ATTORNEY U.S. Department of Justice Land and Natural Resources Division //A rk By: KENNETH P. PITT Special Assistant United States Attorney District of Montana P.O. Box 7669 Missoula, MT 59807 (406) 329-3066 OBJECTORS ¢Ck IN THE WATER COURTS OF THE STATE OF MONTA YELLOWSTONE DIVISION YELLOWSTONE RIVER ABOVE AND INCLUDING BRIDGER CREEK B * * * * * * * * * * * * * * * * 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 ABOVE AND ) INCLUDING ALL TRIBUTARIES OF THE YELLOWSTONE RIVER ABOVE AND INCLUDING ) BRIDGER CREEK IN GALLATIN, PARK, SWEET ) GRASS AND STILLWATER COUNTIES, MONTANA. ) ¢ (43B) ** CASE NO. 43B-486 WITHDRAWAL 0 , the Statement of Cla withdraw Existing'water Rights Numbered 433-W-193343 , for the following reason(s): I understand that this claim will therefore be terminated. DATED thi7. day o IN THE WATER COURTS OF THE STATE OF MO YELLOWSTONE DIVISION YELLOWSTONE RIVER ABOVE AND INCLUDING BRIDGER CREE * * *-* * * * * * * * * * * * * * ** 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 ABOVE AND ) INCLUDING ALL TRIBUTARIES OF THE YELLOWSTONE RIVER ABOVE AND INCLUDING ) BRIDGER CREEK IN GALLATIN, PARK, SWEET ) GRASS AND STILLWATER COUNTIES, MONTANA. ) WITHDRAWAL r" OJ . JAN 411 1989 , WalaCCIIA.s CASE NO. 43B-486 74)Th AIM , withdraw the Statement of Claim 43B-W-193361 sting W r Rights Numbered for the following reason(s): understand that this claim will therefore be terminated. DATED thisl day

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