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FILE Montana Water Court PO Box 879 Bozeman, MT 59771-0879 1-800-624-3270 (In-state only) (406) 586-4364 OCT 1 4 1993 IN THE WATER COURT OF THE STATE OF MONTANA UPPER MISSOURI DIVISION Montana JEFFERSON RIVER BASIN (41G) IN THE MATTER OF THE ADJUDICATION OF THE EXISTING RIGHTS TO THE USE OF ALL THE WATER, BOTH SURFACE AND UNDERGROUND, WITHIN THE JEFFERSON RIVER DRAINAGE AREA, INCLUDING ALL TRIBUTARIES OF THE JEFFERSON RIVER IN BROADWATER, GALLATIN, MADISON, JEFFERSON AND SILVER BOW COUNTIES, MONTANA. ) ) ) ) ) ) ) ) ) ) 41G-W-078480-00, 41G-W-078486-00, 41G-W-078490-00, 41G-W-078492-00, 41G-W-078501-00, 41G-W-078507-00 WIT Court 41G-W-078422-00 41G-W-078423-00 41G-W-078425-00 41G-W-078430-00 41G-W-078434-00 41G-W-078436-00 41G-W-078453-00 41G-W-078455-00 41G-W-078461-00 41G-W-078477-00 41G-W-078488-00, 41G-W-078495-00, CLAIMANT: United States of America (Bureau of Land Management) OBJECTOR: United States of America (Bureau of Land Management) ORDER ADOPTING MASTER'S REPORT Pursuant to Montana Code Annotated, §85-2-233(4), the above entitled case was assigned to Water Master Michael J. L. Cusick. On September 21, 1993 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 claims listed above as they appear in the Temporary Preliminary Decree of the Jefferson River Basin (41G). DATED this /3 day of October 1993. Ozaj tu 7Q4_ C. Bruce Loble Chief Water Judge CERTIFICATE OF SERVICE I, Janet Fulcher, Deputy 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. United States of America Bureau of Land Management P. 0. Box 36800 Billings, MT 59107-6800 David W. Gehlert, Attorney U. S. Department of Justice Environment & Natural Resources Division P. O. Box 663 Washington, DC 20044 DATED this /17/ day of October 1993. .}1ezieite4) - et Fulcher eputy Clerk of Court IN THE WATER COURT OF THE STATE OF MONTANA * * * * * * * * * * * * * * * * * * * * NOTICE OF FILING OF MASTER'S REPORT EP 2 TO: ALL PARTIES RE: Claims 41G-W-078422-00, 078423-00, 078425-00, 078430-00, 078434-00, 078436-00, 078453-00, 078455-00, 078461-00, 078477-00, 078480-00, 078486-00, 078488-00, 078490-00, 078492-00, 078495-00, 078501-00, 078507-00 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 oblection 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 21st day of September 1993. 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) Montana Water Court PO Box 879 Bozeman, MT 59771-0879 1-800-624-3270 (In-state only) (406) 586-4364 IN THE WATER COURT OF THE STATE OF MONTANA UPPER MISSOURI DIVISION JEFFERSON RIVER BASIN (41G) * * * * * * * * * * * * * * * * * * * * IN THE MATTER OF THE ADJUDICATION OF THE EXISTING RIGHTS TO THE USE OF ALL THE WATER, BOTH SURFACE AND UNDERGROUND, WITHIN THE JEFFERSON RIVER DRAINAGE AREA, INCLUDING ALL TRIBUTARIES OF THE JEFFERSON RIVER IN BROADWATER, GALLATIN, MADISON, JEFFERSON AND SILVER BOW COUNTIES, MONTANA. ) ) ) ) ) ) ) ) ) ) 41G-W-078480-00, 41G-W-078486-00, 41G-W-078490-00, 41G-W-078492-00, 41G-W-078501-00, 41G-W-078507-00 41G-W-078422-00 41G-W-078423-00 41G-W-078425-00 41G-W-078430-00 41G-W-078434-00 41G-W-078436-00 41G-W-078453-00 41G-W-078455-00 41G-W-078461-00 41G-W-078477-00 41G-W-078488-00, 41G-W-078495-00, CLAIMANT: United States of America (Bureau of Land Management) OBJECTOR: United States of America (Bureau of Land Management) MASTER'S REPORT FINDINGS OF FACT 1. The United States of America (Bureau of Land Management) filed Statements of Claim for Existing Water Rights numbers 41G-W-078422-00, 41G-W-078423-00, 41G-W-078425-00, 41G-W-078430-00,41G-W-078434-00,41G-W-078436-00,41G-W-078453-00, 41G-W-078455-00,41G-W-078461-00,41G-W-078477-00,41G-W-078480-00, 41G-W-078486-00,41G-W-078488-00,41G-W-078490-00,41G-W-078492-00, 41G-W-078495-00, 41G-W-078501-00 and 41G-W-078507-00 for stockwater purposes. The United States claimed a specific volume and flow rate for each of these stockwater rights. 2. The Temporary Preliminary Decree of the Jefferson River Basin (41G) does not decree a specific volume or flow rate for these claims. For each claim, the decree states the following: FLOW RATE: NO FLOW RATE HAS BEEN DECREED BECAUSE THIS USE CONSISTS OF STOCK DRINKING DIRECTLY FROM THE SOURCE. 30 GALLONS PER DAY PER ANIMAL UNIT VOLUME: NO VOLUME HAS BEEN DECREED BECAUSE THE USE CONSISTS OF STOCK DRINKING DIRECTLY FROM THE SOURCE. THE RIGHT INCLUDES THE AMOUNT OF WATER CONSUMPTIVELY USED FOR STOCKWATERING PURPOSES AT THE RATE OF 30 GALLONS PER DAY PER ANIMAL UNIT. ANIMAL UNITS SHALL BE BASED ON THE REASONABLE CARRYING CAPACITY AND HISTORIC USE OF THE AREA SERVICED BY THIS WATER SOURCE. 3. The United States of America (Bureau of Land Management) objected to the volume and flow rate appearing in the Temporary Preliminary Decree of these stockwater claims. 4. On October 23, 1992 Frances Rieman, a Water Rights Specialist for the United States of America, Bureau of Land Management with personal knowledge regarding these water right claims, filed an Affidavit in support of the claimed volume and flow rates originally submitted by the United States. The Affidavit states that the volume and flow rate amounts claimed by the United States for each of these claims should be reinstated because of the potential for private appropriation inherent to public land water sources. The Affidavit further states that the potential for such appropriations makes it necessary for the United States to be able to quantify its uses in order to protect them. 5. The flow rates attested to in the Affidavit of the United States include both the exact flow rates claimed to the nearest one-hundredth of a gpm (.01 gpm), and the properly rounded flow rate figures in gallons per minute. The Affidavit requests the Court to use the rounded figures. The volumes and rounded flow rates that the United States requested the Water Court to reinstate are as follows: CLAIM NUMBER VOLUME 41G-W-078422-00 41G-W-078423-00 41G-W-078425-00 41G-W-078430-00 41G-W-078434-00 41G-W-078436-00 41G-W-078453-00 41G-W-078455-00 41G-W-078461-00 41G-W-078477-00 41G-W-078480-00 41G-W-078486-00 41G-W-078488-00 41G-W-078490-00 41G-W-078492-00 41G-W-078495-00 41G-W-078501-00 41G-W-078507-00 0.55 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.34 0.34 0.34 0.34 0.55 0.55 0.55 0.34 0.34 AF/YR AF/YR AF/YR AF/YR AF/YR AF/YR AF/YR AF/YR AF/YR AF/YR AF/YR AF/YR AF/YR AF/YR AF/YR AF/YR AF/YR AF/YR FLOW RATE 5.00 1.00 1.00 12.30 5.00 3.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 0.50 3.00 GPM GPM GPM GPM GPM GPM GPM GPM GPM GPM GPM GPM GPM GPM GPM GPM GPM GPM G. As decreed, these eighteen claims all appear to share the following characteristics: (1) the decreed source is an unnamed tributary of the Jefferson River as opposed to a spring, (2) the means of diversion is livestock drinking directly from the source rather than a man-made diversion and (3) no flow rate was decreed for these claims. Thus, it appears that the amount of water historically "diverted" and put to a beneficial use for these direct from source stockwater claims depends in large part on the actions of the livestock drinking the water. By letter dated June 10, 1993, the Court requested the United States to clarify the methodology it uses to quantify volume and flow rate for stockwater claims that do not involve a man-made diversion. 7. On August 9, 1993, the United States of America withdrew Statements of Claim 41G-W-078495-00, 41G-W-078501-00 and 41G-W-078507-00. 8. On August 9, 1993, the United States also filed an affidavit clarifying the methodology it used to quantify the volume -3- and flow rate for the remaining 15 stockwater claims. With respect to flow rate, the affidavit states that the measurements were taken by damming the flow from the source with a visqueen apron and measuring the overflow through an opening; when field conditions or the individual source involved did not permit actual measurement of the source flow, the flow rate was estimated by the BLM personnel involved. The Affidavit also explains the methodology used by the Bureau in quantifying stockwater consumptive use volumes for all water sources on public lands as well as these particular claims. According to the Affidavit and attachment, the volumes claimed by the Bureau for livestock use reflect only that amount of water which would be consumed at 15 gallons per head per day by those animals which could be grazed at the carrying capacity of the lands within a one mile radius of the water source. CONCLUSIONS OF LAW The Montana Water Court has jurisdiction to review all objections to temporary preliminary decrees pursuant to Mont. Code Ann. §85-2-233. Upon review of the Affidavit and Withdrawal of Statements of claim it appears that they are proper and are accepted by this Court. Pursuant to Rule 4.IV., Water Right Claim Examination Rules, a specific quantified volume will not be decreed for -4-- stockwater claims. The Court will decree an unquantified volume of 30 gallons per day per animal unit. The Rule further provides that no flow rate will be decreed for direct surface stockwater claims not associated with either offstream storage reservoirs or wells, springs, pumps and gravity flow pipelines. The source for each of these claims appearing in the Temporary Preliminary Decree is some unnamed stream tributary to the Jefferson River. The means of diversion for each claim is livestock drinking directly from the source. Thus, it appears that the volumes and flow rates were omitted in the decree in accordance with the Rule. Section 85-2-234(6)(b), MCA, provides that the final decree of a water right shall state (b) the amount of water included in the right, as follows: (i) by flow rate for direct flow rights, such as irrigation rights, (ii) by volume for rights, such as stockpond and reservoir storage rights and for rights that are not susceptible to measurement by flow rate; or (iii) by flow rate and volume for rights that a water ludge determines require both volume and flow rate to adequately administer the right. . . . Based on the assertion of the United States that a specific flow rate and volume decree are necessary to protect its rights, the Court determines that both a specific volume and flow rate would be helpful in administering these rights. However, while the method employed by the United States to quantify the volume of its stockwater claims appears reasonably accurate, it does not appear that the method used to measure the flow rate of these direct from source stockwater claims actually reflects the amount of water "diverted" and put to a beneficial use. Rather, the method appears to measure the total flow the source. "Neither the appropriator of -5- water nor one to whom a right is decreed owns the corpus of any part of the flow of a stream. He is entitled only to the beneficial use of the amount of water called for by his appropriation or decree . . ." Tucker v. Missoula Light & Ry. Co., 77 Mont. 91, 101, 250 P. 11 (1926). For a direct from source stockwater right, an appropriate flow rate measurement would reflect the rate of flow by which the livestock consume the waters of the source. Such a measurement may be difficult to make. Because these stockwater rights do not involve a man-made diversion or "development," the rights do not appear to be "susceptible to measurement by flow rate" and no flow rate should be decreed. Section 85-2-234(6)(b)(ii), MCA. IV Water right claims 41G-W-078495-00, 41G-W-078501-00 and 41G-W-078507-00 should be terminated and should not appear in the Preliminary or Final Decree of the Jefferson River Basin (41G). The changes to volume stated in the Findings of Fact for the remaining claims should be made to correct the Temporary Preliminary Decree in the Jefferson River Basin (41G). DATED this 21,LX day of 1993. CERTIFICATE OF SERVICE I, Janet Fulcher, Deputy Clerk of Court of the Montana Water Court, hereby certify that a true and correct copy of the above MASTER'S REPORT, FINDINGS OF FACT, CONCLUSIONS OF LAW was duly served upon the persons listed below by depositing the same, postage prepaid, in the United States mail. United States of America Bureau of Land Management P. 0. Box 36800 Billings, MT 59107-6800 David W. Gehlert, Attorney U. S. Department of Justice Environment & Natural Resources Division P. O. Box 663 Washington, DC 20044 DATED this ,:2/ day of -"" 1993. iJ,616,/te U.S. Department of Justice WMC:DWGehlert (202) 272-6219 Washington, D.C. 20530 Mmt, August 4, 1993 .4v Michael J.L. Cusick Water Master Montana Water Court P.O. Box 879 Bozeman, Montana 59771-0879 RE: 41G-W-078422-00, 41G-W-078430-00, 41G-W-078453-00, 41G-W-078477-00, 41G-W-078488-00, 41G-W-078495-00, 41G-W-078423-00, 41G-W-078434-00, 41G-W-078455-00, 41G-W-078480-00, 41G-W-078490-00, 41G-W-078501-00, AUG o 9 1993 IVMtn 41G-W-078425-00, 41G-W-078436-00, 41G-W-078461-00, 41G-W-078486-00, 41G-W-078492-00, 41G-W-078507-00 Dear Mr. Cusick: The enclosed filing is in response to your June 10, 1993 letter requesting that the United States Bureau of Land Management clarify the methodology by which the United States has quantified the flow rate and volume figures for the above listed claims. As the enclosed affidavit and enclosures explain, the methodologies involved are rather simple. Flow rates were calculated by field visits done by BLM personnel. Volume is a bit more complicated. Claimed volumes are based upon a formula which considers carrying capacity expressed in acres per animal unit month, a figure of fifteen gallons per day consumed per head of cattle and one mile as the distance cattle will travel from a water source to determine a volume expressed in acre feet per year. Carrying capacity was determined by reference to Vegetative Rangeland Types in Montana, published by Montana State University. The BLM field visits revealed that several of the springs claimed do not appear to produce an accessible and reliable flow to support the claimed use without further development. Accordingly, a withdrawal of those claims is also enclosed. IN THE WATER COURTS OF THE STATE OF MONTANA UPPER MISSOURI DIVISION JEFFERSON RIVER BASIN (41G) 4UG *********************** IN THE MATTER OF THE ADJUDICATION OF THE EXISTING RIGHTS TO THE USE OF ALL THE WATER, BOTH SURFACE AND UNDERGROUND, WITHIN THE JEFFERSON RIVER DRAINAGE AREA, INCLUDING ALL TRIBUTARIES OF THE JEFFERSON RIVER IN BROADWATER, GALLATIN, MADISON, JEFFERSON AND SILVER BOW COUNTIES, ) ) ) ) ) ) ) ) WITHDRAWAL OF STATEMENT OF CLAIM 41G-W-078495-00 41G-W-078496-00 41G-W-078501-00 41G-W-078502-00 41G-W-078507-00 41G-W-078508-00 MONTANA. COMES NOW, the United States of America, by and through its undersigned attorneys, to hereby withdraw its statements of claim, numbers 41G-W-078495-00, 41G-W-078496-00, 41G-W-078501-00, 41G-W-078502-00, 41G-W-078507-00, 41G-W-078508-00. These claims are being withdrawn because the springs claimed therein do not appear to produce an accessible and reliable flow to support the claimed use without further development. DATED: August 4, 1993 Respectfully submitted, LORRAINE D. GALLINGER Interim United States Attorney District of Montana BY: DAVID W. GEHLERT, Attorney U.S. Department of Justice Environment & Natural Resources Div P.O. Box 663 Washington, DC 20044-0663 (202) 272-6219 ATTORNEYS FOR UNITED STATES OF AMERICA CLAIMANT IN THE WATER COURTS OF THE STATE OF MONTANA UPPER MISSOURI DIVISION JEFFERSON RIVER BASIN (41G) * * * * * * * * * * * * * * * * * * * * * * * RIX IN THE MATTER OF THE ADJUDICATION ) BASIN 41G: OF THE EXISTING RIGHTS TO THE USE ) AUG 9 1993 OF ALL THE WATER, BOTH SURFACE AND ) CLAIM NUMBERS: UNDERGROUND, WITHIN THE JEFFERSON ) 41G-W-078422 RIVER DRAINAGE AREA, INCLUDING ALL ) 41G-W-078423 Montana Water Court TRIBUTARIES OF THE JEFFERSON RIVER ) 41G-W-078425 41G-W-078430 IN BROADWATER, GALLATIN, MADISON, ) JEFFERSON AND SILVER BOW COUNTIES, ) 41G-W-078434 MONTANA. 41G-W-078436 41G-W-078453, 41G-W-078455, 41G-W-078461, 41G-W-078477, 41G-W-078480, 41G-W-078486, 41G-W-078488, 41G-W-078490, 41G-W-078492, 41G-W-078495, 41G-W-078501, 41G-W-078507 AFFIDAVIT OF FRANCES S. RIEMAN ON BEHALF OF UNITED STATES OF AMERICA, BUREAU OF LAND MANAGEMENT, CLAIMANT Frances S. Rieman, being first duly sworn, hereby deposes and says: 1. That she is employed by the United States Department of Interior, Bureau of Land Management, Montana State Office in the Division of Lands and Renewable Resources as a Water Rights Specialist. As such, she has personal knowledge of the information utilized by the United States in the preparation of its water rights claims. 2. That the United States of America, Bureau of Land Management filed the captioned water right claims, in the Jefferson River Basin (41G) for livestock use of undeveloped springs and seeps located on the public lands. Each of these claims included a volume and flow rate of water claimed by the United States for the described use. 3. That the volume and flow rate amounts claimed by the United States for each of these claims should be reinstated in the Preliminary and Final Decrees because of the potential for private appropriation which is inherent to public land water sources. Such an appropriation would require the United States to be able to quantify its uses for their protection. 4. That the attached listing accurately describes the volume and flow rate amounts as claimed by the United States for each of these water right claims. 5. That the computer program used by the United States to generate its statements of claim included a formula which converted the cubic feet per second flow rate figure from the computerized data base to a gallons per minute rate for the claim forms. This formula did not properly round the resulting gallons per minute flow rate figure. AFFIDAVIT OF FRANCES RIEMAN RE: CLAIMED VOLUMES AND FLOW RATES: BASIN 41G PAGE 2 6. That the United States believes that the "Actual Flow Rate" rather than the "Claimed Flow Rate", as shown on Attachment 1, should appear for these claims in the Preliminary and Final decrees for Basin 41G and that the listed volume amounts should be reinstated for each claim. 7. That the flow rate figures provided by the Bureau of Land Management for the captioned claims were arrived at through field visits by BLM personnel to the sources claimed. Whenever possible, three measurements of the water produced by the undeveloped spring were taken and averaged to arrive at the claimed flow rate. Such measurements were taken by damming the flow from the spring with a visqueen apron and measuring the overflow through an opening. When field conditions or the individual source involved did not permit actual measurement of the source flow, the flow rate was estimated by the BLM personnel involved. Copies of the "Water Rights Field Inventory Form" for each spring so inventoried, measured, recorded and claimed are included in Attachment 2. The claim number has been noted in the upper right corner of page one of each form for easier reference. This form is an unofficial record utilized by the Bureau to collect data on water sources visited by field personnel for inventory purposes. 8. That Attachment 3 details the methodology used by the Bureau in quantifying stockwater consumptive use volumes for all water sources on public lands. The volumes claimed by the Bureau for livestock use reflect only that amount of water which would be consumed at 15 gallons per head per day by those animals which could be grazed at the carrying capacity of the lands within a one mile radius of the water source. Further affiant sayth not. 7-2 Date State of Montana ) BB. County of Yellowstone) JP deis On this 22nd day of July , 1993, before me, -4124/1NraMar! . Notary Public for the State of Montana, personally ap.eareJ Frances S. Rieman, known , to me to be the person whose name she subscribed to the within instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have here unto set my hand and affixed my notarized seal the day and year first above written. ;IR Notary Public fog he State of Montana by fri015.5 Residing at My Commission Expires pc 600 111"/ AFFIDAVIT OF FRANCES S. RIEMAN RE: QUANTIFICATION OF CLAIMS ATTACHMENT 1 PAGE 1 CLAIM QUANTIFICATION LISTING - BASIN 41G CLAIM NBR: 41G-W-078422 41G-W-078423 41G-W-078425 41G-W-078430 41G-W-078434 41G-W-078436 41G-W-078453 41G-W-078455 41G-W-078461 41G-W-078477 41G-W-078480 41G-W-078486 41G-W-078488 41G-W-078490 41G-W-078492 41G-W-0784951 41G-W-0785011 41G-W-078507' POINT OF DIVRSN LOCATION: 01N-02W-12-NWSW 01N-02W-13-SWSE 01N-02W-13-SWSE 01N-02W-13-NESE 01N-02W-14-SWNE 01N-02W-14-NWSW 02N-04W- 2-NWNE 02N-04W- 2-NENW 02N-04W-25-NENE 02N-06W-14-NESW 02N-06W-24-SWSE 03N-04W-26-NENE 03N-04W-26-NWNE 03N-05W-25-NWNE 03N-05W-25-NWNE 03N-05W-35-NESE 01S-04W- 4-SWSE 02S-03W-23-NENW AMOUNT CLAIMED: 0.55 AF/YR 0.92 AF/YR 0.92 AF/YR 0.92 AF/YR 0.92 AF/YR 0.92 AF/YR 0.92 AF/YR 0.92 AF/YR 0.92 AF/YR 0.34 AF/YR 0.34 AF/YR 0.34 AF/YR 0.34 AF/YR 0.55 AF/YR 0.55 AF/YR 0.55 AF/YR 0.34 AF/YR 0.34 AF/YR ACTUAL MEASURED OR CLAIMED FLOW RATE BLM PROJECT NAME: FLOW RATE: ESTIMTD: 5.00 GPM 4.98 GPM UNNAMED SPRING M 0.99 GPM 1.00 GPM HULLER SPRING M 0.99 GPM E 1.00 GPM UNNAMED SPRING 12.30 GPM CRYSTAL SPRINGS 12.30 GPM M 5.00 GPM UNNAMED SPRING 4.98 GPM E 3.00 GPM UNNAMED SPRING 3.01 GPM E 2.00 GPM UNNAMED SPRING 2.02 GPM E 2.00 GPM UNNAMED SPRING 2.02 GPM E UNNAMED SPRING 2.02 GPM 2.00 GPM E 2.00 GPM UNNAMED SPRING 2.02 GPM E WHISKEY SPRING 2.00 GPM 2.02 GPM E 2.00 GPM UNNAMED SPRING 2.02 GPM E UNNAMED SPRING 2.00 GPM 2.02 GPM E UNNAMED SPRING 2.00 GPM 2.02 GPM E UNNAMED SPRING 2.00 GPM 2.02 GPM E LOWER IRIS SPRING 2.00 GPM 2.02 GPM E 0.50 GPM GOLD HILL SPRING 0.49 GPM E 3.00 GPM CATARACT SPRING 3.01 GPM E 1 Field Inventory Forms not available for these proposed spring development projects. 1 I hope this material adequately explains the methodology used by the United States' Bureau of Land Management. Should you need any further explanation, please do not hesitate to contact me. David W. Gehlert Attorney U.S. Department of Justice Environment & Natural Resources Division General Litigation Section P.O. Box 663 Washington, D.C. 20044-0663 Enclosures cc: Francis Reiman, BLM John Chaffin, DOI Lit - o7744 WATER USES FIELD INVENTORY FORM To be completed in the office: Record Identifier Number:JAL JDR Number: Project Name: Priority Date: USGS Quad Name:224pedatAa4,7411 Source Location: T.//V R.ZW Sec. /2- 114NW1/46141 Has the source location been verified by aerial photo? 46 Aerial Photo Number: Apparent condition of source from aerial photo: not functional Source Type: Spring, Well , Reservoir Catchment Stream for waterspreaders To be completed in the field: RESERVOIRS Reservoir Condition: Functional Dam or spillway in need of repair Not functional Reason not functional: Observed uses: Maximum height of dam to the spillway: i i Dam Spillway Maximum height to spillway 1 . General comments on the reservoir condition (ex. degree of siltation, depth, turbidity, etc.): SPRINGS Developed: Undeveloped: gPm estimated: measured: )(. X cedikiwdd466 Observed uses: WELLS Yield: gpm estimated: measured: Gas or electric pump: Not in use: , Windmill: , Flowing: , Abandoned: Observed use: WATER SPREADERS Functional Not Functional 1 Storage Facilities Number of diversions from source: Capacity of storage tanks: Tank 1: Tank 2: Tank 3: gals. gals. gals. Total gals. (If there are more than 3 tanks, insert data.) Capacity of conveyance system: Total cfs. cfs. cfs. cfs. Note how and where source is diverted and used: Average of 3 measurements Section / 2_ -7 Section IIIIIIIIIII 11111111 111 IIIIIIIIII Sketch source and diversions IIIII IIIIII MI1111111 1111 11111 ¢ Ili - Section /3. Comments: Observer: Section I8 ./571/Pdp,;//471/ i7149-44) Date a IN THE WATER COURTS OF THE STATE OF MONTANA UPPER MISSOURI DIVISION JEFFERSON RIVER BASIN (41G) *********************** IN THE MATTER OF THE ADJUDICATION OF THE EXISTING RIGHTS TO THE USE OF ALL THE WATER, BOTH SURFACE AND UNDERGROUND, WITHIN THE JEFFERSON RIVER DRAINAGE AREA, INCLUDING ALL 'TRIBUTARIES OF THE JEFFERSON RIVER AMERICAIN BROADWATER, GALLATIN, MADISON, JEFFERSON AND SILVER BOW COUNTIES, MONTANA. ) ) ) ) ) ) ) ) AFFIDAVIT OF FRANCES S. RIEMAN IN SUPPORT OF CLAIMS BY UNITED STATES OF BUREAU OF LAND MANAGEMENT Frances S. Rieman, being first duly sworn, hereby deposes and says: 1. That she is employed by the United States Department of Interior, Bureau of Land Management, Montana State Office in the Division of Lands and Renewable Resources as a Water Rights Specialist. As such, she has personal knowledge of the information utilized by the United States in the preparation of its water rights claims. 2. That the United States of America, Bureau of Land Management filed water right claims in the Jefferson River Basin (41G) for livestock use of springs located on public lands. Each of these claims included a volume and flow rate of water claimed by the United States. 3. That the attached listing accurately describes the volume and flow rate amounts as claimed by the United States for each of these water right claims. 4. That the volume and flow rate amounts claimed by the United States for each of these claims should be reinstated in the Preliminary and Final Decrees because of the potential for private appropriation which is inherent to public land water sources. Such an appropriation would require the United States to be able to quantify its uses for their protection. 5. That the computer program used by the United States to generate its statements of claim included a formula which converted the cubic feet per second flow rate figure from the computerized data base to a gallons per minute rate for the claim forms. This formula did not properly round the resulting gallons per minute flow rate figure. 6. That the attached listing includes a column labelled "Actual Flow Rate" which reflects the properly rounded gallons per minute flow rate figure. AFFIDAVIT OF FRANCES RIEMAN RE: QUANTIFICATION OF BLM CLAIMS - BASIN 41G 7. PAGE 2 That the United States believes that "Actual Flow Rate" figures should appear in the Preliminary and Final Decrees for these water right claims, rather than the "Claimed Flow Rate". Further affiant sayth not. .. ( rtp AA e .z.4 2 r /2.444.-i a-t..., , Signature of affiant Date State of Montana ) County of Yellowstone) ss. On this 10th day of August , 1992, before me, Peter R. Bierbach, Notary Public for the State of Montana, personally appeared Frances S. Rieman, known to me to be the person whose name she subscribed to the within instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have here unto set my hand and affixed my notarized seal the day and year first above written. Peter R. Bierbach Notary Public for the State of Montana Residing at Billings, Montana My Commission Expires 8/25193 AFFIDAVIT OF FRANCES S. RIEMAN RE: QUANTIFICATION OF CLAIMS ATTACHMENT 1 PAGE 1 CLAIM QUANTIFICATION LISTING - BASIN 41G CLAIM NUMBER: 41G-W-078420 41G-W-078422 41G-W-078423 41G-W-078425 41G-W-078429 41G-W-078430 41G-W-078431 41G-W-078433 41G-W-078434 41G-W-078436 41G-W-078441 41G-W-078443 41G-W-078445 41G-W-078448 41G-W-078449 41G-W-078453 41G-W-078455 41G-W-078459 41G-W-078460 41G-W-078461 41G-W-078463 41G-W-078464 41G-W-078467 41G-W-078469 41G-W-078472 41G-W-078473 41G-W-078476 41G-W-078477 41G-W-078480 41G-W-078482 41G-W-078484 41G-W-078486 41G-W-078488 41G-W-078490 41G-W-078492 41G-W-078493 41G-W-078495 41G-W-078498 41G-W-078500 41G-W-078501 41G-W-078503 41G-W-078505 41G-W-078507 41G-W-078509 41G-W-078512 POINT OF DIVRSN LOCATION: 01N-01W-18-SESE 01N-02W-12-NWSW 01N-02W-13-SWSE 01N-02W-13-SWSE 01N-02W-13-SWSE 01N-02W-13-NESE 01N-02W-13-NENW 01N-02W-14-SWSE 01N-02W-14-SWNE 01N-02W-14-NWSW 02N-03W-17-SWSW 02N-03W-18-SENE 02N-03W-19-NWNW 02N-03W-19-NWNW 02N-03W-30-SWNW 02N-04W- 2-NWNE 02N-04W- 2-NENW 02N-04W-24-NWNE 02N-04W-24-SENW 02N-04W-25-NENE 02N-05W- 2-SESW 02N-05W- 2-NENE 02N-05W- 4-NWSW 02N-06W- 7-NWSW 02N-05W- 8-SWSW 02N-05W- 9-SWNW 02N-06W-12-NESE 02N-06W-14-NESW 02N-06W-24-SWSE 02N-06W-25-NWSW 02N-06W-35-NWNW 03N-04W-26-NENE 03N-04W-26-NWNE 03N-05W-25-NWNE 03N-05W-25-NWNE 03N-05W-26-SWSE 03N-05W-35-NESE 03N-05W-35-SENW 01N-04W-34-NWSW 01S-04W- 4-SWSE 01S-04W- 5-L 10 01S-04W-30-SWNE 02S-03W-23-NENW 02S-06W- 2-NWNE 02S-06W-11-SENW AMOUNT CLAIMED: 0.93 AF/YR 0.55 AF/YR 0.92 AF/YR 0.92 AF/YR 0.93 AF/YR 0.92 AF/YR 0.93 AF/YR 0.93 AF/YR 0.92 AF/YR 0.92 AF/YR 0.93 AF/YR 0.93 AF/YR 0.93 AF/YR 0.92 AF/YR 0.93 AF/YR 0.92 AF/YR 0.92 AF/YR 0.93 AF/YR 0.93 AF/YR 0.92 AF/YR 0.55 AF/YR 0.55 AF/YR 0.55 AF/YR 0.55 AF/YR 0.55 AF/YR 0.55 AF/YR 0.34 AF/YR 0.34 AF/YR 0.34 AF/YR 0.34 AF/YR 0.34 AF/YR 0.34 AF/YR 0.34 AF/YR 0.55 AF/YR 0.55 AF/YR 0.56 AF/YR 0.55 AF/YR 0.55 AF/YR 0.92 AF/YR 0.34 AF/YR 0.92 AF/YR 0.92 AF/YR 0.34 AF/YR 0 93 AF/YR 0.93 AF/YR CLAIMED FLOW RATE: 3.01 GPM 4.98 GPM 0.99 GPM 0.99 GPM 11.98 GPM 12.30 GPM 2.24 GPM 4.98 GPM 4.98 GPM 3.01 GPM 3.99 GPM 2.02 GPM 2.02 GPM 11.98 GPM 0.76 GPM 2.02 GPM 2.02 GPM 0.76 GPM 0.99 GPM 2.02 GPM 3.01 GPM 3.99 GPM 3.99 GPM 0.99 GPM 0.99 GPM 3.50 GPM 0.49 GPM 2.02 GPM 2.02 GPM 2.02 GPM 1.48 GPM 2.02 GPM 2.02 GPM 2.02 GPM 2.02 GPM 2.02 GPM 2.02 GPM 1.30 GPM 3.01 GPM 0.49 GPM 3.01 GPM 6.01 GPM 3.01 GPM 10.01 GPM 3.01 GPM ACTUAL FLOW RATE: 3.00 GPM 5.00 GPM 1.00 GPM 1.00 GPM 12.00 GPM 12.30 GPM 2.25 GPM 5.00 GPM 5.00 GPM 3.00 GPM 4.00 GPM 2.00 GPM 2.00 GPM 12.00 GPM 0.75 GPM 2.00 GPM 2.00 GPM 0.75 GPM 1.00 GPM 2.00 GPM 3.00 GPM 4.00 GPM 4.00 GPM 1.00 GPM 1.00 GPM 3.50 GPM 0.50 GPM 2.00 GPM 2.00 GPM 2.00 GPM 1.50 GPM 2.00 GPM 2.00 GPM 2.00 GPM 2.00 GPM 2.00 GPM 2.00 GPM 1.30 GPM 3.00 GPM 0.50 GPM 3.00 GPM 6.00 GPM 3.00 GPM 10.00 GPM 3.00 GPM BIM PROJECT NAME: SAPPINGTON SPRING UNNAMED SPRING HULLER SPRING UNNAMED SPRING CRYSTAL SPRING CRYSTAL SPRINGS DUTCHER SPRING LEWIS & CLARK SPRING UNNAMED SPRING UNNAMED SPRING SHEEP SPRING MICROWAVE SPRING BEAVER SPRING & PIPELN BEAVER SPRING NORTH SUNLIGHT SPRING UNNAMED SPRING UNNAMED SPRING CABIN SPRING ST PAUL SPRING UNNAMED SPRING CHARLEY SPRING CHERRY SPRING PIPESTONE SPRING SPIRE SPRING STROZZI SPRING ERVIN SPRING&PIPELINE WHISKEY SPRING UNNAMED SPRING WHISKEY SPRING POLE CANYON SPRING TUTTLE SPRING UNNAMED SPRING UNNAMED SPRING UNNAMED SPRING UNNAMED SPRING WHITETAIL SPRING LOWER IRIS SPRING IRIS SEEP SPRING KOUNTZ SPRING #2 GOLD HILL SPRING KOUNTZ SPRING #1 SHAKY SPRING CATARACT SPRING IRON ROD SPRING # 2 WEINGART SPRING AFFIDAVIT OF FRANCES S. RIEMAN RE: QUANTIFICATION OF CLAIMS ATTACHMENT 1 PAGE 2: CLAIM QUANTIFICATION LISTING - BASIN 41G CLAIM NUMBER: 41G-W-078514 41G-W-078515 41G-W-078517 41G-W-078520 41G-W-078521 41G-W-078524 41G-W-078526 41G-W-078527 41G-W-078529 41G-W-078533 41G-W-078534 41G-W-078535 41G-W-078537 41G-W-078540 41G-W-078541 41G-W-078544 41G-W-078545 41G-W-078548 41G-W-078550 41G-W-078552 41G-W-078554 41G-W-078556 POINT OF DIVRSN LOCATION: 02S-06W-11-SESW 02S-06W-14-NWSW 025-06W-14-SWNW 02S-06W-15-SWNE 02S-06W-15-SESE 02S-06W-22-SESE 02S-06W-22-NWSE 02S-06W-28-NWNE 02S-06W-28-SENW 02S-06W-28-SESE 02S-06W-28-NWSE 02S-06W-30-NESE 02S-06W-30-SWSW 02S-06W-30-SESW 02S-06W-31-SWNW 02S-06W-32-SESE 02S-06W-32-SWNE 03S-06W- 4-NWNW 03S-06W- 5-SWNW 03S-06W- 7-NWSW 03S-07W- 1-SESE 03S-07W- 1-SWNW AMOUNT CLAIMED: 0.93 AF/YR 0.93 AF/YR 0.55 AF/YR 0.93 AF/YR 0.93 AF/YR 1.39 AF/Y R 1.39 AF/YR 0.93 AF/YR 0.92 AF/YR 0.93 AF/YR 0.93 AF/YR 0.55 AF/YR 0.55 AF/YR 0.56 AF/YR 0.55 AF/YR 0.93 AF/YR 0.93 AF/YR 0.93 AF/YR 0.93 AF/YR 0.93 AF/YR 0.93 AF/YR 0.93 AF/YR CLAIMED FLOW RATE: 0.76 GPM 2.02 GPM 2.02 GPM 10.01 GPM 0.99 GPM 0.99 GPM 0.99 GPM 10.01 GPM 3.01 GPM 0.99 GPM 0.99 GPM 3.01 GPM 3.99 GPM 4.98 GPM 6.01 GPM 3.99 GPM 3.99 GPM 3.01 GPM 4.98 GPM 3.01 GPM 4.98 GPM 3.99 GPM ACTUAL FLOW RATE: 0.75 GPM 2.00 GPM 2.00 GPM 10.00 GPM 1.00 GPM 1.00 GPM 1.00 GPM 10.00 GPM 3.00 GPM 1.00 GPM 1.00 GPM 3.00 GPM 4.00 GPM 5.00 GPM 6.00 GPM 4.00 GPM 4.00 GPM 3.00 GPM 5.00 GPM 3.00 GPM 5.00 GPM 4.00 GPM BLM PROJECT NAME: NOLTE SPRING BLACKMAN GULCH SPRING NUGGETT GULCH SPRING N A SPRING ALLENS SPRING IRON ROD SPRING #1 BEAVER SPRING HIDDEN SPRING SEIDENSTICKER SPRING HELLS CANYON SPRING HELLS CANYON SPRING JACK SPRING CO-OP SPRING #2 CO-OP SPRING COTTONWOOD SPRING SEIDENSTICKER SPRING CEDAR SPRING BOOT LEG SPRING SEIDENSTICKER SPRING SEIDENSTICKER SPRING LONE TREE SPRING ROCHESTER BASIN SPRING

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