Montana DNRC, Peters

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IN THE WATER COURT OF THE STATE OF MONTANA CLARK FORK DIVISION - CLARK FORK RIVER BETWEEN THE BLACKFOOT RIVER AND FLATHEAD RIVER BASIN (76M) **************** ** ******* IN THE MATTER OF THE ADJUDICATION OF THE EXISTING RIGHTS TO THE USE OF ALL THE WATER, BOTH SURFACE AND UNDERGROUND, WITHIN THE CLARK FORK RIVER BETWEEN THE BLACKFOOT RIVER AND FLATHEAD RIVER DRAINAGE AREA, INCLUDING ALL TRIBUTARIES OF THE CLARK FORK RIVER BETWEEN THE BLACKFOOT RIVER AND FLATHEAD RIVER IN LAKE, MINERAL, MISSOULA AND SANDERS COUNTIES, MONTANA. ) ) ) ) ) ) ) ) ) ) ) ) CLAIMANT: Kenneth C. Peters Case No. 76M-81 76M-W-131062-00 FILED MAR 6 1992 Montana Water Court ON MOTION OF THE WATER COURT OBJECTOR: Montana Dept. of Natural Resources & Conservation ORDER ADOPTING MASTER'S REPORT Pursuant to Montana Code Annotated, §85-2-233(4), the above entitled case was assigned to Water Master Kathryn L. W. Lambert. On February 11, 1992, the Water Master issued a report containing Findings of Fact and Conclusions of Law. Copies of the report were served upon the parties. Over ten (10) days have elapsed since service, and no objections to the Findings and Conclusions have been filed by any party. The Court has reviewed carefully the Water Master's Findings and Conclusions. Pursuant to Rule 53(e), Montana Rules of Civil Procedure, the Court adopts the Master's Report and ORDERS that changes recommended in the Master's Conclusions of Law be made to the abstract of claim(s) listed above as they appear in the Temporary Preliminary Decree of the Clark Fork River Between the Blackfoot River and Flathead River Basin (76M). DATED this day of /Hnf-get`c , 1992. C. Bruce Loble Chief Water Judge CERTIFICATE OF SERVICE I, Lori M. Burnham, Clerk of Court of the Montana Water Court, hereby certify that a true and correct copy of the above ORDER ADOPTING MASTER'S REPORT was duly served upon the persons listed below by depositing the same, postage prepaid, in the United States mail. Kenneth C. Peters P. 0. Box 446 Superior, MT 59872 Tim D. Hall, Attorney Dept. of Natural Resources 1520 East Sixth Helena, MT 59620 DATED this 0! \.Flay o , 1992. Lo N. Bur ha C1' f Court -2- IN THE WATER COURT OF THE STATE OF MONTANA * * * * ************ * *** NOTICE OF FILING OF MASTER'S REPORT FILED FEB 1 1 1992 TO: ALL PARTIES M(Irttarta Watz Court RE: Case 76M-81 This is to provide you with Notice that the Water Master has filed a Master's Report (Findings of Fact and Conclusions of Law) with the Clerk of the Water Court for the water right(s) listed above. A copy of the Master's Report is enclosed with this Notice. Please review this Master's Report carefully. If there are any corrections or changes that need to be made, you have 10 days from service of this Notice to file a written objection. You must mail a copy of your written objection to all the other parties who have been involved in this proceeding and file a certificate of such mailing with the Water Court. (This procedure is required by Rule 1.11. Water Right Claims Examination Rules and by Rules 5 and 53 of the Montana Rules of Civil Procedure.) DATED this 11th day of February, 1992. LORI M. BURNHAM Clerk of Court Montana Water Court P. 0. Box 879 Bozeman, MT 59771-0879 (406) 586-4364 1-800-624-3270 (in Montana) IN THE WATER COURT OF THE STATE OF MONTANA CLARK FORK DIVISION - CLARK FORK RIVER BETWEEN THE BLACKFOOT RIVER AND FLATHEAD RIVER BASIN (76M) **************** ** ******* IN THE MATTER OF THE ADJUDICATION OF THE EXISTING RIGHTS TO THE USE OF ALL THE WATER, BOTH SURFACE AND UNDERGROUND, WITHIN THE CLARK FORK RIVER BETWEEN THE BLACKFOOT RIVER AND FLATHEAD RIVER DRAINAGE AREA, INCLUDING ALL TRIBUTARIES OF THE CLARK FORK RIVER BETWEEN THE BLACKFOOT RIVER AND FLATHEAD RIVER IN LAKE, MINERAL, MISSOULA AND SANDERS COUNTIES, MONTANA. CLAIMANT: Kenneth C. Peters ) ) ) ) ) ) ) ) ) ) ) ) Case No. 76M-81 76M-W-131062-00 FEB 1 1 1992 Montana Water Court ON MOTION OF THE WATER COURT OBJECTOR: Montana Dept. of Natural Resources & Conservation MASTER'S REPORT STATEMENT OF CASE The Montana Department of Natural Resources and Conservation ("Department") objected to the acres irrigated, volume and flow rate of this Kenneth C. Peters irrigation claims This claim was called in On Motion of the Water Court due to the gray area remark concerning acres irrigated, volume and flow rate. On March 17, 1986 Kenneth C. Peters was sent the Order Setting First Prehearing Conference. This Order specified that the prehearing would be held by telephone conference call on April 18, 1986 at 8:00 AM. He also received a letter from Judge Lessley specifically requiring him to provide the telephone number to be used for the prehearing. The Order and letter were not returned as undeliverable. Mr. Peters did not send us a phone number. There is no phone number on his original claim. There is no listing for him in Superior, Montana. Candace West, Attorney for the Department moved for a default for failure to appear. On April 21, 1992 the Order Setting Hearing to Show Cause was sent to Kenneth C. Peters. It was not returned as undeliverable. On May 5, 1986 at 11:05 AM the Hearing to Show Cause why Kenneth C. Peters should not be held in default was held by telephone conference call. Kenneth C. Peters did not appear nor was he represented. By Order dated May 6, 1986 the Court granted the Motion for Default and stated that water right claim 76M-W-131062-00 shall be changed to conform to the objections filed by the Montana Department of Natural Resources and Conservation. Upon review of the Department's objection and the Department's verification worksheets it appears that this water right has either been abandoned or was never perfected. Therefore, claim 76M-W-131062-00 should be dismissed and should not appear in the Preliminary or Final Decree of the Clark Fork River Between the Blackfoot River and Flathead River Basin (76M). DATED this /I day of Water Mas er -2- 1992. CERTIFICATE OF SERVICE I, Lori M. Burnham, 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 persons listed below by depositing the same, postage prepaid, in the United States mail. Kenneth C. Peters P. 0. Box 446 Superior, MT 59872 Tim D. Hall, Attorney Dept. of Natural Resources 1520 East Sixth Helena, MT 59620 DATED this \\ day of ' NIASN.J.,X , 1992. 1°-1-4--\ IN 'I_ -WATER mums OF THE STATE OF M TARA CLARK FORK DIVISION- CLARK FORK RIVER BETWEEN THE BLACKFOOT RIVER AND FLATHEAD RIVER BASIN ***************************** IN THE MITER OF THE ADJUDICATION OF THE EXISTING RIGHTS TO THE USE OF ALL THE WATER, ECM SURFACE AND UNDERGRCUND, WITHIN THE CLARK FORK RIVER BETWEEN THE BLACKFOOT RIVER AND FLATHEAD RIVER DRAINAGE AREA, INCLUDING ALL TRIBUTARIES OF THE CLARK FORK RIVER BETWEEN 1EE BLACKFOOT RIVER AND FLATHEAD RIVER IN LAKE, MINERAL, MISSOULA, AND NOTICE OF OBJECTION AND REQUEST FOR HEARING BASIN 76M SANDERS COUNTIES. MONTANA. 1. Claim # 14H31062 2. Source Thompson Creek; County Mineral 3. Type of Claim: X Irr 4. Name of Party to wham the water right was issued: ¢ enneth Peters 5. Objector's name, address and phone number: Department of Natural Resources & Conservation (DNRC) Middle Initial First Name Last Name Ewing 32 South Street Address or Post Office Box Helena, Montana 59620 Zip Code State City 444-6698 406 Phone Number Area Code 6. Name of objecting party's attorney and address, if any: F. Candace West Middle Initial First Name Last Name Ewing 32 South Street Address or Post Office Box Helena, Montana 59620 Zip Code State City 444-6698 496 Phone Number Area Code 7. Basis of Objection: Ownership Priority date Purpose of Right Period of Use Dom Stock Other Use Point of Diversion Place of Use Means of Diversion x Acres Irrigated x Volume or Flow Rate Source Date 8. Signature of Objector: data 9. Attach on separate sheet of paper an explanation of the reason for your objection. 10. Send completed objection form to: Montana Water Courts P.O. Box 879 Bozeman, MT 59715 Or,:j Page 2 ATTACHMENT TO NOTICE OF OBJECTION FORM (WCR6) Claim No. W-131062 1. Findings and conclusions with which the DNRC disagrees: Maximum Acres: 60 Place of Use: 20 Acres NWNW Sec 33 117N R26W AD Acres NENW Sec 33 T17NR26W 60 Acres total Flow Rate: 1.00 CFS Volume: 180 Ac-Ft/year (b) Page No. 1552, Paragraph No. 4,5,7,11 of Preliminary Decree. 2. Department contends these findings should be: Maximum Acres: 0 Place of Use: 0 Flow Rate: 0 Volume: 0 3. Specific grounds and evidence upon which DNRC's objection is based: Analysis of USDA Aerial Photo No. 979-115, dated 9/22/79, indicates 0 acres of irrigation. Standing to object: The DNRC's standing to object to the above-identified (Temporary) Preliminary Decree is granted under Section 85-2-233, MCA, and the DNRC's responsibility under the Water Use Act. 4. DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION ABSTRACT OF CLAIM FOR EXISTING WATER RIGHTS 31 PRIORITY DATE:* 13:30 08/44/1914 TYPE OF RIGHT: DECREED CLAIM RECEIVED: 03/18/82 FEE PAID: a_AIM ID 7614 -W-131062-00 TYPE CODE: S MAX RATE: OWNERS: 05/03/83 1.00 C (M) I PETERS PO BOX 446 180.00 AF/YEAR 40.00 MI) MAX VOLUME: MAX ACRES: KENNETH SUPERIOR MT 59872 LOT BLK QTR SEC SEC TWP RGE CO SESENE 32 17N 26W m/ MEANS DIvRS-HG SOURCES: DV 01 THOMPSON CREEK USE: 60.00 ACRES PERIOD OF USE 000199991000 IR 01 ACRES VER. ACRES WRS 1919 0 001 20.00 002 40.00 0 TOTAL PARCELS: 60.00 D 19 LOT BLK OTR SEC SEC TWP RGE CO 0 0 0 TYPE IRR E CLIMATIC AREA 3 NENW 33 17N 26W MI ADDENDUMS: V4ES _NO COMMENTS ajM1k-1 SUPPLEMENTAL IF REF. RIGHT. MAX COMBINED VOLUME FOR ALL RIGHTS _I, RIGHTS: IF SUPPLEMENTAL RIGHT, PURPOSE ID REMARKS NWNW 33 17N 26W MI ¢ . AF MAX COMBINED ACRES FOR ALL RIGHTS AND CLAIM ID ¢ OF REF. RIGHT ***************************************************** FIELD VERIFICATION FORM 4,###*#*####****###*##**************####********4, COMPARISON STATISTICS: FLOW RATE 1.00 C ( 180.00 VOLUME 7.480 GPM/AC) 3.000 AF/AC) VOLUME BASED ON FLOW RATE AND PERIOD OF USE BASIN OK: 313.163 AF/YR - OVER CLAIMED VOLUME --YES _NO COMMENTS CLIMATIC AREA OK: :YES J40 COMMENTS SOURCE NAME OK: ../YES NO COMMENTS TYPE CD (S/G) OK: -"YES _NO COMMENTS POD OK: DV 01 _YES _NO ...-APPEARS CORRECT _UNVERIFIED COMMENTS MNS DIVRS OK: .""-irES NO _APPEARS CORRECT _UNVERIFIED COMMENTS POU OK: ACTUAL RANGE 55.8 - 64.2 fflfi ft) . DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION ABSTRACT OF CLAIM FOR EXISTING WATER RIGHTS CLAIM ID 7604 -W-131062-00 (CONTINUED) PROOF OF USE: CLAIMED FLOW RATE OK : . '"ES _NO COMNEN TS CLAIMED PRTY DATE OK: _YES _ ¢-gio FLOW RATE OK: COMMENTS j)! Al/lIt'4) (r/( 21-11/ 'ES _NO _APPLY STANDARD COMMENTS -14"-<-E--S _NO / APPLY STANDARD COMMENTS PR IOR I TV D ATE OK: _YES _<0 COMMENTS _El l" /(-)1\(! -10 VOLUME OK: 2I PERIOD OF USE OK : _YES _NO _APPLY STANDARD COMMENTS AIR PHOTO VERIFICATION OF DEVELOPMENT: PHOTO Gi7q-1 Prio-ro DATE PHOTO PHOTO -79 PHOTO DATE PHOTO DATE TELEPHONE CONTACT: _YES _NO DATE COMPLETED / / BY COMMENTS LETTER CONTACT: _YES _NO DATE COMPLETED / / BY COMMENTS OWNERSHIP: _YES _NO DATE COMPLETED / IN TERV IEW : _YES _NO DATE COMPLETED / / FIELD INVESTIGATION _YES _NO APPROVED BY BY COMMENTS BY COMMENTS DATE CHECKED GENERAL REMARKS: INVESTIGATED REVIEWED BY BY DATE DATE / / /71. / BY COMMENTS 05703/63

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