Eliasson Ranch Company, Maria Rodeghiero, Bruno Rodeghiero

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Montana Water Court % * PO Box 1389 Bozcman, MT 59771-1389 1-800-624-3270 (In-state only) (406) 586-4364 Fax(406)522-4131 IN THE WATER COURT OF THE STATE OF MONTANA LOWER MISSOURI DIVISION MUSSELSHELL RIVER ABOVE ROUNDUP BASIN (40A) IN THE MATTER OF THE ADJUDICATION OF THE ) CASE 40A-115 EXISTING RIGHTS TO THE USE OF ALL THE ) 40A-W-151880-00 WATER, BOTH SURFACE AND UNDERGROUND ) WITHIN THE MUSSELSHELL RIVER DRAINAGE AREA ) Implied Claim: ABOVE ROUNDUP, INCLUDING ALL TRIBUTARIES ) 40A-W-214226-00 OF THE MUSSELSHELL RIVER ABOVE ROUNDUP ) IN WHEATLAND, GOLDEN VALLEY, MEAGHER, ) FERGUS, MUSSELSHELL, SWEET GRASS, PARK, YELLOWSTONE, AND STILL WATER COUNTIES, MONTANA. CLAIMANT: Eliasson Ranch Company OBJECTOR: Eliasson Ranch Company 1 ILC li OCT 2 8 2004 Maria Rodeghiero and Bruno Rodeghiero SUPPLEMENTAL ORDER AMENDING AND ADOPTING MASTER'S REPORT On June 28,2004, the Water Court issued an Order Amending and Adopting Master's Report. On October 5, 2004, the Eliasson Ranch Company, through attorney Jason L. Harkins, timely filed its Objection. The Eliasson Ranch Company contends that the 5.5 cfs of Musselshell River water identified in the two water right claims in this case were historically used at the same time and not separately as the Court concluded on page 6 of its June 28 Order. Attached to the October 5 Objection were two affidavits, one from Gary H. Eliasson and one from Bruno Rodeghiero.' Both affiants affirmed the contention that the two claims in this case were historically used (5.5 cfs for one claim on the east side of the Musselshell River and 5.5 cfs for the other claim on the west side The Eliasson Ranch Objection incorrectly states that an affidavit of Joseph Vescovi was attached to the Objection. As noted earlier, only two affidavits were attached, one from Gary Eliasson and one from Bruno Rodeghiero. of the Musselshell River) at the same time and that the Court's restriction on the two claims to an alternating use does not reflect the actual historical beneficial use of the two water right claims. The two affidavits are accepted to supplement the record and the Court's June 28, 2004 Order is modified as follows. 1) The first full paragraph on page 6 beginning with "However," and ending with "claims" is deleted. 2) The Court's information remark;'THE COMBINED DIVERTED FLOW RATE OF CLAIMS 40A-W-214226-00 AND 40A-W-151880-00-00 SHALL NOT EXCEED A TOTAL OF 5.50 CFS", found on pages 7 and 8 of the Order and on the two abstracts attached to that Order is deleted. Accordingly, it is ORDERED that an Abstract of Water Right Claim as Modified by the Montana Water Court be served with this Order to confirm that the recommendations set forth in the Master's Report, as AMENDED by the Court's June 28,2004 Order and as SUPPLEMENTED by this Order, have been adopted for claims 40A-W-151880-00 and 40A-W-214226-00. DATED this 28 day of O<^^^ ,2004. C. Bruce Loble Chief Water Judge SERVICE LIST Eliasson Ranch Company Sutherland Living Trust 16393 Highway 12 West 4394 Bonita Road Roundup Bonita MT 59072 CA 91902 Gary Eliasson Maria Rodeghiero PO Box 389 Bruno Rodeghiero Roundup MT 59072 PO Box 37 Roundup MT 59072 Donald J. Eliasson 16393 Highway 12 West Roy C. Rodeghiero Roundup PO Box 37 MT 59072 Roundup Jason L. Harkins, Attorney Harkins Law Firm, P.C. 3021 6th Avenue N., Suite 205 Billings MT 59101 MT 59072 Page 1 of 2 October 25,2004 40A 151880-00 Modified Abstract For Water Court ABSTRACT OF WATER RIGHT CLAIM AS MODIFIED BY THE WATER COURT MUSSELSHELL RIVER, ABOVE ROUNDUP BASIN 40A IMPORTANT NOTICE AN ASTERISK (*) HAS BEEN PLACED NEXT TO EACH ITEM CHANGED BY ORDER OF THE MONTANA WATER COURT AFTER ISSUANCE OF THE PREVIOUS DECREE. Water Right Number: 40A 151880-00 STATEMENT OF CLAIM Version: Status: Owners: 3 - POST DECREE ACTIVE ELIASSON RANCH CO PO BOX 389 16365 HWY12W ROUNDUP, MT 59072 0389 SUTHERLAND LIVING TRUST ROBERT R SUTHERLAND, TRUSTEE 4394 BONITARD BONITA,CA91902 OWNERSHIP UPDATE PROCESSED TO ADD NEW OWNERS. THE WATER RIGHT MAYBE SPLIT INTO SEPARATE WATER RIGHTS AFTER FINAL DECREE UPON REQUEST OF THE OWNERS. Priority Date: MAY 1,1897 Type of Historical Right: DECREED Purpose (use): IRRIGATION Irrigation Type: FLOOD Flow Rate: 5.50 CFS *Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUTTO HISTORICAL AND BENEFICIAL USE. Climatic Area: *Maximum Acres: 2-MODERATELY HIGH 72.60 MUSSELSHELL RIVER Source: Source Type: SURFACE WATER *Point of Diversion and Means of Diversion: ID 1 Diversion Means: Sec Twp Rge County 23 7N 24E MUSSELSHELL 7N 25E MUSSELSHELL DIVERSION DAM 2 Diversion Means: Qtr Sec SWSWSE Govt Lot NWNWSW PUMP DITCH NAME FOR DIVERSION NO. 01 IS: NADERMAN DITCH. Period of Use: MAY 15 to SEPTEMBER 24 Page 2 of 2 N October 25,2004 40A 151880-00 Modified Abstract For Water Court *Place of Use: Otr Sec Sec Twp Rge County 25.30 E2NE 5 7N 25E MUSSELSHELL 47.30 N2NW 4 7N 25E MUSSELSHELL ID Acres 1 2 Total: Govt Lot 72.60 ENTIRE PLACE OF USE IS WEST OF MUSSELSHELL RIVER Remarks: AUTHORIZATION TO CHANGE POINT OF DIVERSION COMPLETED 06/07/83. CLAIMS 40A-W-151880-00 AND 40A-W-206914-00 ARE SUBJECT TO A PRIVATE AGREEMENT RECORDED IN MUSSELSHELL COUNTY, MONTANA IN BOOK 345 AT PAGE 12. Page 1 of 2 October 25, 2004 Modified Abstract For Water Court 40A 214226-00 ABSTRACT OF WATER RIGHT CLAIM AS MODIFIED BY THE WATER COURT MUSSELSHELL RIVER, ABOVE ROUNDUP BASIN 40A IMPORTANT NOTICE AN ASTERISK (*) HAS BEEN PLACED NEXT TO EACH ITEM CHANGED BY ORDER OF THE MONTANA WATER COURT AFTER ISSUANCE OF THE PREVIOUS DECREE. Water Right Number: 40A 214226-00 STATEMENT OF CLAIM Version: Status: Owners: 2 - POST DECREE ACTIVE SUTHERLAND LIVING TRUST ROBERT R SUTHERLAND, TRUSTEE 4394 BONITARD BONITA,CA91902 ELIASSON RANCH CO PO BOX389 16365 HWY12W ROUNDUP, MT 59072 0389 Priority Date: JUNE 10,1929 Type of Historical Right: USE *Purpose (use): Irrigation Type: *FIow Rate: IRRIGATION FLOOD 5.50 CFS USE OF THIS FLOW RATE IS LIMITED TO THREE TIMES PER YEAR, THREE DAYS PER TIME, AT 5.50 CFS. MORE TIME MAY BE REQUIRED AT LOWER FLOWS. *Vohime: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. Climatic Area: *Maximum Acres: 2-MODERATELY HIGH 14.10 MUSSELSHELL RIVER Source: Source Type: SURFACE WATER *Point of Diversion and Means of Diversion: ID 1 Diversion Means: Qtr Sec Twp Rge County NESWNW Govt Lot 7N 25E MUSSELSHELL DIVERSION DAM DITCH NAME: RODEGHIERO DITCH *PeriodofUse: MAY 15 to SEPTEMBER 24 Page 2 of 2 October 25,2004 40A 214226-00 Modified Abstract For Water Court *Place of Use: Qtr Sec Sec Twp Rge County 8.60 E2NENW 4 7N 25E MUSSELSHELL 2 5.50 W2NWNE 4 7N 25E MUSSELSHELL Total: 14.10 ID 1 Acres Govt Lot ENTIRE PLACE OF USE IS EAST OF MUSSELSHELL RIVER Remarks: THIS IMPLIED CLAIM WAS AUTHORIZED BYTHE WATER COURT BASED ON INFORMATION IN CLAIM NO. W151880-00.

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