Lee Foss, Cheryl D. Rothlisberger, Daniel L. Rothlisberger, Farmer's Plant Aid Corp., Huggans Land Co. LLC, Millicent I. Huggans, Ward Irrigation District, United States of America (Bureau of Indian Affairs), Avista Corporation, Darrell R. Lee, Dean H. Frost

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' Montana Water Court ' PO Box 1389 Bozeman, M T 59771-1389 1-800-624-3270 (In-stateonly) (406) 586-4364 Fax: (406) 522-4131 IN THE WATER COURT OF THE STATE OF MONTANA CLARK FORK DIVISION WESTSIDE SUBBASIN OF THE BITTERROOT RIVER BASIN (76HF) C LAIMANTS: Lee Foss; Cheryl D. Rothlisberger; Daniel L. Rothlisberger; Farmers Plant Aid Corp., Huggans Land Co. LLC OBJECTORS: Millicent I. Huggas; Lee E. Foss; Ward Irrigation District; united States of America (Bureau of Indian Affairs); Avista Corporation; Darrell R. Lee; Dean H. Frost CASE 76MF-603 (In Part) 76H 105049-00 76H 105050-00 76H 105052-00 76H 125062-00 Unconsolidated Claim: 76M 151687-00 C LAIMANTS: Cheryl D. Rothlisberger; Daniel L. Rothlisberger; Farmers Plant Aid Corp; Huggans Land Co LLC; Lee Foss CASE 76MF-618 76H 10505 1-00 OBJECTORS: United States of America (Bureau of Indian Affairs); Avista Corporation; Lee E. Foss; Millicent I. Huggans; Ward Irrigation District; Dean H. Frost; Darrell R. Lee CLOSING ORDER I. STATEMENT O F THE CASE This matter involves objections to water rights in the Bitterroot River Basin. The procedural history of these cases is as follows: In May 2014, the claimants filed a settlement agreement resolving objections filed by the United States o f America and Avista Corporation. The settlement agreement resolved objections by the United States of America and Avista, but did not resolve ob-jections o f other water users. . A trial was scheduled for May 14, 20 14. At the beginning of trial, the parties read into the record the terms of a second settlement agreement. The settlement agreement resolved some but not all remaining issues. Trial occurred on unresolved issues. Subsequent to the trial in May 20 14, disagreements arose as to the scope and validity of the second settlement agreement read into the record at the beginning of trial. In October 20 14, this Court issued an Order addressing the issues litigated at trial and in the second settlement agreement. The Order concluded that a settlement agreement had been reached by the parties prior to trial, but that additional issues remained to be resolved that were not addressed by either the second settlement agreement or the trial itself. In November 2014, the parties filed a third settlement agreement with the Court. The two preceding agreements were the May 2014 agreement resolving the objections of the United States and Avista Corporation, and the agreement read into the record at trial. Unfortunately, the third settlement agreement contradicted the first settlement agreement, and failed to include information required by the Court to resolve issue remarks attached to the claims in these cases. Accordingly, the Court ordered the parties to supply additional information necessary to fill in the gaps left by the third settlement agreement. Additional information was filed by the parties in January 20 15. In June 20 15, the Court issued a Draft Order and provided a period for comment. Millicent Huggans, Huggans Land Co., and Ward Irrigation District filed comments with the Court. Those comments are addressed at the end of this Order in a section entitled "Parties' Comments on Draft Order." The following Closing Order is identical to the Draft Order other than the addition of that section addressing the Parties' comments. The Court now has sufficient information before it to resolve the remaining issues in these cases. 11. ISSUES 1. What is the location of the first point of diversion for claim 76H 10505 1-00? 2. What is the location of the first point of diversion for claim 76H 125062-OO? 3. What is the correct place of use and acreage irrigated for claim 76H 125062-OO? 111. FINDINGS OF FACT The following facts are established by a preponderance of the evidence. Clairn 76H 10505 1-00 was filed for water from Hayes Creek. This claim is diverted from Hayes Creek using the Ward Ditch. The first point of diversion for this claiin is located in the SWSENE of Sec. 3, T4N, R21 W. Water is then removed from the Ward Ditch using a second point of diversion, known as the Bray Lane Headgate, located in the SWSENE of Sec. 35, T5N, R21 W. The parties agreed that the Ward Irrigation District shall establish and maintain a measuring device in Hayes Creek at a location upstream from its confluence with the Ward Ditch, and shall provide owners of this claim with access to the measuring device using such right-of-way as Ward Irrigation District may obtain and shall provide a rating table and all information necessary to read the device. An information remark reflecting this agreement is included on the abstract for claim 76H 10505 1-00. Claim 76H 125062-00 was filed for water from Camas Creek. This claim is I diverted from Camas Creek using the Ward Ditch. The first point of diversion for this claim is located in the SESESW of Sec. 35, T5N, R21 W. Water is then removed from the Ward Ditch using a second point of diversion, known as the Bray Lane Headgate, located in the SWSENE of Sec. 35, T5N, R21 W. Ward Irrigation District has agreed to upgrade the calibrated staff gauge in Camas Creek in the SESESE of Sec. 34, T4N, R2 1W, and shall provide the owners of this water right with access to the gauge, a rating table, and other information necessary to read the gauge. An information remark reflecting this agreement is included on the abstract for claim 76H 125062-00. Claim 76H 125062-00 initially identified a place of use consisting of 450 total acres. The claimants have supplied evidence indicating the place of use for this right consists of 640 total acres. The legal description for this place of use is identified on the abstract for this claim attached to this Order. The lands included within this legal description were historically irrigated using claim 76H 125062-00. IV. PRINCIPLES OF LAW The Water Court is obliged to identify the characteristics of the water rights it decrees. These characteristics must include the place and means of diversion, the place of use, and a description of the land to which the right is appurtenant. 5 85-2-234(6), MCA. Beneficial use is generally the yardstick used to define the characteristics of a water right. "The quantity of water which may be claimed lawfully under a prior appropriation is limited to that quantity within the amount claimed which the appropriator has needed, and which within a reasonable time he has actually and economically applied to a beneficial use . . . the principal of beneficial use [being of] paramount importance." McDonald v. State, 220 Mont. 5 19, 536 (Mont. 1986) (quoting Allen v. Petrick, 69 Mont. 373, 376-77,222 P. 45 1,452 (1924)). V. ANALYSIS 1. What is the location of the first point of diversion for claim 76H 10505 1-00? The evidence in these cases indicates the first point of diversion for claim 76H 10505 1-00 is located at the point where the Ward Ditch diverts water from Hayes Creek. This location has been historically used by the claimants to remove water from Hayes Creek. 2. What is the location of the first point of diversion for claim 76H 125062-OO? The evidence in these cases indicates the first point of diversion for claim 76H 125062-00 is located at the point where the Ward Ditch diverts water from Camas Creek. This location has historically been used by the claimants to remove water from Camas Creek. 3. What is the correct place of use and acreage irrigated for claim 76H 125062-OO? Claim 76H 125062-00 has been historically used to irrigate 640 acres of land in the Bitterroot basin. The lands irrigated with this claim are identified on the abstract attached to this Order. VI. CONCLUSIONS OF LAW 1. The first point of diversion for claim 76H 105051-00 is in the SWSENE of Sec. 3, T4N, R21W. 2. The first point of diversion for claim 76H 125062-00 is in the SESESW of Sec. 35, T5N, R21 W. 3. Claim 76H 125062-00 has been historically used to irrigate 640 acres of land in the Bitterroot Basin. The lands irrigated with 'this claim are identified on the abstract attached to this Order. VII. SUIVIMARY OF CHANGES TO WATER RIGHTS The process of resolving the objections and issue remarks associated with the claims in cases 76HF-603 and 76HF-618 has been long and complicated and has involved numerous settlement agreements and Court Orders. Accordingly, the changes to the elements of the water rights in cases 76HF-603 and 76HF-6 18 are summarized below. For further analysis and information on those changes, see the referenced filings. Claiins 76H 15 1687 -00 and 76H 105050-00 Claims 76H 15 1687 -00 and 76H 105050-00 are terminated pursuant to the court's Order Regarding Settlement Agreement (October 3 1,20 14). Claim 76H 15 168700 was not part of either case 76HF-603 or 76HF-6 18, but was withdrawn as a result of an agreement between the parties. Claims 76H 105049-00 and 76H 105052-00 The issue remarks and objections associated with claims 76H 105049-00 and 76H 105052-00 were resolved by the settlement agreement signed by .the claimants and objectors Avista Corporation and the United States of America (BIA) (May 8,2014). The settlement agreement provided that the maximum irrigated acres would be reduced from 73 1.OO acres,to 678.00 acres. The places of use were modified, with the most significant change being the addition of a 20 acre parcel owned by Cheryl and Daniel Rothlisberger. The places of use (located in Ravalli County) were changed from: POU 1 2 3 4 5 ACRES 52 1 50 40 80 40 QTRSEC N2NE SWNE N2NW SENW SEC 26 35 35 35 35 TWP 5N 5N 5N 5N 5N RGE 21W 21W 21W 21W 21W SEC - TWP - RGE - 23 26 26 26 26 34 35 35 35 35 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 21W 21W 21W 21W 21W 21W 21W 21W 21W 21W The new places of use are: POU 1 2 3 4 5 6 ACRES 20 200 80 100 80 20 54 80 20 24 QTR SEC E2SWSE N2 E2SW W2SE W2SW NENE N2NE N2NW SENW SWNE Claiin 76H 10505 1-00 The issue remarks and objections associated with claim 76H 10505 1-00 concerning place of use and max acres irrigated were resolved by the settlement agreement signed by the claimants and objectors Avista Corporation and the United States of America (BIA) (May 8,20 14). The settlement agreement provided that the maximum irrigated acres would be reduced from 73 1.OO acres to 678.00 acres. The places of use were modified in the same way as claims 76H 105049-00 and 76H 105052-00, described above. Claiin 76H 10505 1-00 had additional issue remarks and objections concerning the location of the points of diversion. Point of diversion one is changed to the SWSENE of Sec. 3, T4N, R 21 W pursuant to this Order. A second point of diversion located in the SWSENE of Sec. 35, T5N, R21W is added and was described in the Court's Order Regarding Settlement Agreement (October 3 1, 20 14). A remark concerning the points of diversion is added to the abstract to indicate that point of diversion one is where water from Hayes Creek is dropped into the Ward Ditch, and that point of diversion two is where water from Hayes Creek is removed from the Ward Ditch at the Bray Lane Headgate. Additionally, pursuant to the parties' November 19, 2014 Stipulation and Agreement, the following information remark will be added to the abstract: . - WARD IRRIGATION DISTRICT SHALL ESTABLISH AND MAINTAIN A MEASURING DEVICE IN HAYES CREEK AT A LOCATION UPSTREAM FROM BUT AS NEAR TO ITS CONFLUENCE WITH THE WARD DITCH AS IS TECHNICALLY FEASIBLE AND SHALL PROVIDE OWNERS OF THIS CLAIM WITH (A) ACCESS TO THE DEVICE WITHIN SUCH RIGHT-OF-WAY AS WARD IRRIGATION DISTRICT MAY OBTAIN AND (B) A RATING TABLE AND ALL INFORMATION NECESSARY TO READ THE DEVICE. The issue remarks and objections associated with claim 76H 125062-00 are resolved pursuant to the parties' November 19, 2014 Stipulation and Agreement and this Order. .., , Point of diversion one is changed from the SWSENE of Sec. 35, TSN, R21 W to the SESESW of Sec. 35, T5N, R21 W. Point of diversion two is changed from the NWNWSE of Sec. 35, T5N, R 2 1W to the SWSENE of Sec. 35, T5N, R2 1W. A remark concerning the points of diversion is added to the abstract to indicate that point of diversion one is where water from Camas Creek is dropped into the Ward Ditch, and that point of diversion two is where water from Camas Creek is removed from the Ward Ditch at the Bray Lane Headgate. The maximum acres irrigated is increased from 450 acres to 640 acres. The places of use (located in Ravalli County) are changed from: POU 1 2 3 4 5 6 ACRES 80 160 50 40 80 40 OTRSEC W2SE SW N2NE SWNE N2NW SENW SEC 26 26 35 35 35 35 TWP 5N 5N 5N 5N 5N 5N RGE 21W 21W 21W 21W 21W 21W SEC 2626 26 26 35 35 35 35 23 TWP 5N 5N 5N 5N 5N 5N 5N 5N 5N RGE 21W 21W 21W 21W 21W 21W 21W 21W 21W The new places of use are': POU 1 2 3 4 5 6 7 8 9 ACRES 163 12 175 80 50 80 40 20 20 QTR SEC N2 N2 S2 S2 N2NE N2NW S2N2 S2N2 E2SWSE Additionally, pursuant to the parties' November 19, 2014 Stipulation and Agreement, the following information reinark will be added to the abstract: WARD IRRIGATION DISTRICT SHALL UPGRADE THE CALIBRATED STAFF GAUGE IN CAMAS CREEK IN THE SESESE OF SECTION 34, TOWNSHIP 4 NORTH, RANGE 21 WE.ST AND SHALL PROVIDE THE OWNERS OF THIS WATER RIGHT WITH (A) ACCESS TO THE GAUGE (OR OTHER DEVICE) AND (B) A RATING TABLE AND OTHER INFORMATION NECESSARY TO READ IT. VIII. PARTIES' CONIMENTS 0 % 1 DRAFT ORDER In June 201 5, the Court issued a Draft Order containing the above analysis, findings of fact, and conclusions of law. Because of the complicated and lengthy procedural history involved in these cases, the parties were provided an opportunity to I In their Stipulation and Agreement, the parties listed place of use number five as being in the NCWE of Sec. 35. This legal land description has been modified to the N2NE of Sec. 35. The quarter quarter section NMWE only consists of 40 acres and the place of use being described is 50 acres. Therefore the N2NE description is more accurate. comment on the Draft Order. The Court made clear that the purpose of the comment period was strictly to ensure .that .the abstracts were accurate and resolved -the outstanding issues; the purpose of the comment period was not to re-argue issues that had been decided or agreed upon, nor an opportunity to raise new issues. Millicent Huggans and Huggans Land Co. ("Huggans") filed comments with the Court, as did Ward Irrigation District ("WID''). Abstract Corrections Both Huggans and WID agree that the ditch name appearing on the abstract for claim 76H 125062-00 should be changed from "Ward Ditch B" to "Ward Ditch." The abstract has been updated accordingly. Additionally, WID pointed out that while the secondary point of diversion for claim 76H 10505 1-00 was accurately identified in the Order, it was misidentified on the abstract. The abstract has been corrected to show the first point of diversion as the SWSENE of Sec. 3, T4N, R21 W and -thesecond point of diversion as -the SWSENE of Sec. 35, ?'5N, R2 1W. Place of Use for Claim 76H 125062-00 In their comments, both WID and Huggans address the place of use for claim 76H 125062-00. Huggans asserts that the place of use for claim 76H 125062-00 should be the same place of use as claims 76H 105049-00, 76H 10505 1-00, and 76H 105052-00. WID asserts that the place of use provided for claim 76H 125062-00 is correct, but that the place of use for claim 76H 10505 1-00 should be changed to be identical to that of claim 76H 125062-00. The places of use for claiins 76H 125062-00 and 76H 105051-00 were contained in two separate stipulations between the parties. The two agreements described different places of use for the two claims. The May 8, 2014 Stipulation provided a 678 acre place of use for claiin 76H 10505 1-00. The November 19,2014 Stipulation provided a 640 acre place of use for claim 76H 125062-00. The Court drew the parties' attention to this discrepancy. See December 10, 20 15 Order Setting Status Conference, 2-3. The parties did .not address the difference between the places of use, and did not modi@ the Stipulations. Therefore the places of use for claims 76H 125062-00 (640 max acres) and 76H 10505 1-00 (672 max acres) will remain as they appeared in the Draft Order and how they appear above. New Issues WID argues that "the supplemental relationship between claimants' Hayes Creek and Camas Creek water rights and their allocations of District water should be reflected in the Closing Order." This contention raises a new issue. The comment period was not for the purpose of raising new issues, and the Court will not entertain new arguments on issues that have not been previously presented. IX. CONCLUSION This Order, together with previous Orders of this Court and settlement agreements filed by the parties, resolves all remaining issues regarding the claims in these cases. Abstracts reflecting the Orders of this Court and settlement agreements filed by the : parties are attached to this Order. X. ORDER The claims in these cases shall be decreed in accordance with the abstracts attached to this Order. DATED this 2 / day of J LLLY2 7 7 , & 4 Russ McElyea Chief Water ~ u d ~ e / / Lee Foss 365 Gold Creek Loop Hamilton, MT 59840 (406) 363-6647 leefoss@bitterrootland.com Millicent I. Huggans 1477 Hwy 93 S Hamilton, MT 59840 (406) 363-6789 Stephen R Brown Elena J. Zlatnik Garlington Lohn & Robinson PLLP PO Box 7909 Missoula MT 59807-7909 (406) 523-2500 srbrown@garlington.com ejzlatnik@garlington.com Cheryl D. Rothlisberger Daniel L. Rothlisberger PO Box 2135 Hamilton, MT 59840 (406) 363-3879 drothlisberger@q.com Darrell R. Lee PO Box 1193 Hamilton, MT 59840- 1193 dlee@foxlumber.com John D. Greef Attorney at Law PO Box 212 Hamilton, MT 59840 (406) 363-9060 greeflaw@gmail.com Dean H. Frost 220 Camas Creek Loop Hamilton, NIT 59840 (406) 363-3224 dnbfrost@gnlail.com R. Blair Strong Paine, Hamblen, LLP 717 West Sprague, Suite 1200 Spokane, WA 9920 1 -3505 (509) 455-6000 r.b1air.strong@painehamb1e11.com Charles H. Carpenter Carpenter Law Firm, PLC 2 10 North Higgins Avenue Higgins Building Suite 336 Missoula, MT 59802 (406) 543-05 11 carpentc@carpenterlawfirmplc.com Rose1y11 Rennie, Attorney Office of the Solicitor 202 1'4IhAve North, Suite 112 Billings, MT 591 01 (406) 247-7545 roselyn.rennie@sol.doi.gov S:\Share\WC-BASIN FOLDERS\76HF\Care603\76HF-603 7611F-618 Closing Order 7-14-15 sjs.docx and 11 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM WESTSIDE SUBBASIN- BITTERROOT RIVER BASIN 76H 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: 76H 105049-00 Version: Owners: STATEMENT OF CLAIM 2 -- POST DECREE Status: ACTIVE LEE FOSS 365 GOLD CREEK LOOP HAMILTON, MT 59840 8939 FARMERS PLANT AID CORP 822 WALL CREEK RD STITES, ID 83552 CHERYL D ROTHLISBERGER PO BOX 2135 HAMILTON, MT 59840 DANIEL L ROTHI-ISBERGER PO BOX 2135 HAMILTON, MT 59840 HUGGANS LAND CO LLC 1477 US HWY 93 HAMILTON, MT 59840 * OWNERSHIP OF WATER RIGHT CHANGED BY ORDER OF THE WATER COURT DURING ADJUDICATION OF THE PRELIWIINARY DECREE. Priority Date: OCTOBER 25,1934 Type of Historical Right: USE Purpose (use): IRRIGATION Irrigation Type: FLOOD Flow Rate: 3.75 CFS Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. Climatic Area: 2 - MODERATELY HIGH *Maximum Acres: Source Name: Source Type: 678.00 WASTE & SEEPAGE, UNNAMED TRIBUTARY OF CAMAS CREEK SURFACE WATER Page 2 of 2 Post Decree Abstract Point of Diversion and Means of Diversion: ID 1 Twp rn 5N 21W Sec - Twp @ Qtr Sec Set E2W2SW 35 Period of Diversion: APRIL 1 TO OCTOBER 19 Diversion Means: DITCH Govt Lot APRIL 1 TO OCTOBER 19 Period of Use: "Place of Use: Acres Govt Lot Qtr Sec E2SWSE N2 E2SW W2SE W2SW NENE N2NE N2NW SENW SWNE 20.00 200.00 80.00 100.00 80.00 20.00 54.00 80.00 20.00 24.00 Total: County RAVALI-I 23 26 26 26 26 34 35 35 35 35 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N County 21W 21W 21W 21W 21W 21W 21W 21W 21W 21W RAVALLI RAVALLI RAVALLI RAVALLI RAVALI-I RAVA LLl RAVALLI RAVALLI RAVALLI RAVALLI 678.00 SLIBDIVISION: WARDS COVE 1ST ADDITION PLACE OF USE ID #2 IIVCLUDES LOTS 1-4 AND 14-18 IN BLOCK 2. PLACE OF USE ID #3 INCLUDES LOTS 5 AND 10-13 IN BLOCK 2. PLACE OF USE ID #4 INCLUDES LOTS 5 AND 6-8 IN BLOCK 2. PLACE OF USE ID #5 INCLUDES LOTS 5 AND 19-22 IN BLOCK 2. PLACE OF USE ID #7 INCLU.DES LOTS 5 AND 9 IN BLOCK 2. PLACE OF USE ID #9 INCLUDES LOTS 13, PT 1 AND 11 IN BLOCK 4. - . . - . . ....- ..- . ... . . . .. . -. . . - . - -. - -. -. . . - -- - --. -. . . - Remarks: - - -- - - - -- - - - - - -- THE WATER RIGHTS FOLLOWING THIS STATEMENT ARE SUPPLEMENTAL WHICH MEANS THE RIGHTS HAVE OVERLAPPING PLACES OF USE. THE RIGHTS CAN BE COMBINED TO IRRIGATE ONLY OVERLAPPING PARCELS. EACH RIGHT IS I-IMITED TO THE FLOW RATE AND PLACE OF USE OF THAT INDIVIDUAL RIGHT. THE SUM TOTAL VOLUME OF THESE WATER RIGHTS SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 105036-00 105043-00 105051-00 125062-00 105037-00 105044-00 105052-00 30043197 105038-00 105045-00 105053-00 30043198 105039-00 105046-00 105054-00 30043202 105040-00 105047-00 105055-00 30043203 105041-00 105048-00 105056-00 105042-00 105049-00 105057-00 STARTING IN 2008, PERIOD OF DIVERSION WAS ADDED TO MOST CLAIM ABSTRACTS, INCLUDING THIS ONE. Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM WESTSIDE SUBBASIN- BITTERROOT RIVER BASIN 76H IMPORTANT NOTICE ***THIS WATER RIGHT CLAIM HAS BEEN WITHDRAWNX** AN ASTERISK (*) HAS BEEN PLACED NEXT TO EACH ITEM CHANGED BY ORDER OF THE MONTANA WATER COURT AFTER ISSUANCE OF THE PREVIOUS DECREE. 76H 105050-00 Water Right Number: Version: STATEMENT OF CLAIM 2 -- POST DECREE Status: WITHDRAWN LEE FOSS 365 GOLD CREEK LOOP HAMILTON, MT 59840 8939 Owners: DANIEL L ROTHLISBERGER PO BOX 2135 HAMILTON. MT 59840 CHERYL D ROTHLISBERGER PO BOX 21 35 HAMILTON, MT 59840 HUGGANS LAND CO LLC 1477 US HWY 93 HAMILTON. MT 59840 FARMERS PLANT AID CORP 822 WALL CREEK RD STITES, ID 83552 Priority Date: Type of Historical Right: IRRIGATION Purpose (use): Flow Rate: Volume: UNNAMED TRIBUTARY OF CAMAS CREEK Source Name: Source Type: SURFACE WATER WASTE & SEEPAGE, UNNAMED TRIBUTARY OF CAMAS CREEK Source Name: Source Type: SURFACE WATER Point of Diversion and Means of Diversion: Period of Use: Place of Use: - - - . . . -- . - . .. . . --- - - - .- - . ~ ~ - - Remarks: THIS CLAIM WAS WITHDRAWN FROM THE ADJUDICATION PROCESS AT THE REQUEST OF THE CLAIMANT ON 05/06/2015. Page 1 of 3 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM WESTSIDE SUBBASIN- BITTERROOT RIVER BASIN 76H 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: 76H 105051-00 Version: Owners: STATEMENT OF CLAIM 2 -- POST DECREE Status: ACTIVE FARMERS PLANT AID CORP 822 WALL CREEK RD STITES, ID 83552 DANIEL L ROTHLISBERGER PO BOX 21 35 HAMILTON, MT 59840 SAM W FOSS PO BOX 1975 HAMILTON, MT 59840 1975 CHERYL D ROTHLISBERGER PO BOX 2135 HAMILTON, MT 59840 LEE FOSS 365 GOLD CREEK LOOP HAMILTON, MT 59840 8939 HUGGANS LAND CO LLC 1477 US HWY 93 HAMILTON, MT 59840 OWNERSHIP OF WATER RIGHT CHANGED BY ORDER OF THE WATER COURT DURING ADJUDICATION OF THE PRELIMINARY DECREE. Priority Date: OCTOBER 25,1934 Type of Historical Right: USE Purpose (use): IRRIGATION Irrigation Type: FLOOD Flow Rate: 5.00 CFS Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. Climatic Area: 2 - MODERATELY HIGH *Maximum Acres: Source Name: Source Type: 678.00 HAYES CREEK SURFACE WATER Page 2 of 3 Post Decree Abstract *Point of Diversion and Means of Diversion: ID Qtr Sec Set SWSENE 3 Period of Diversion: APRIL 1 TO OCTOBER 19 Diversion Means: HEADGATE '1 Govt Lot 4N 21W CounQ RAVALI-I 5N 21W RAVALLI WARD DITCH Ditch Name: *2 Twp SWSENE 35 Period of Diversion:APRIL 1 TO OCTOBER 19 Diversion Means: HEADGATE POINT OF DIVERSION ID # I IS WHERE WATER FROM HAYES CREEK IS DROPPED INTO THE WARD DITCH. POINT OF DIVERSION ID #2 IS WHERE WATER FROM HAYES CREEK IS REMOVED FROM THE WARD DITCH AT THE BRAY LANE HEADGATE. APRIL 1 TO OCTOBER 19 Period of Use: *Place of Use: ID Acres - 1 2 3 4 5 6 7 8 9 10 Total: Govt Lot 20.00 200.00 80.00 100.00 80.00 20.00 54.00 80.00 20.00 24.00 Qtr Sec E2SWSE N2 E2SW W2SE W2SW NENE N2NE N2NW SENW SWNE Sec 23 26 26 26 26 34 35 35 35 35 Twp & 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N 21W 21W 21W 21W 21W 21W 21W 21W 21W 21W County RAVALLI RAVALI-I RAVALLI RAVALLI RAVALI-I RAVALLI RAVALLI RAVALI-I RAVALLI RAVALLI 678.00 SUBDIVISION: WARDS COVE 1ST ADDITION PLACE OF USE ID #2 INCLUDES LOTS 1-4 AND 14-18 IN BLOCK 2. PLACE OF USE ID #3 INCLUDES LOTS 5 AND 10-13 IN BLOCK 2. PLACE OF USE ID #4 INCLUDES LOTS 5 AND 6-8 IN BLOCK 2. PLACE OF USE ID #5 IIVCLUDES LOTS 5 AND 19-22 IN BLOCK 2. PLACE OF USE ID #7 INCLUDES LOTS 5 AND 9 IN BLOCK 2. PLACE OF USE ID #9 INCLUDES LOTS 13, PT 1 AND 11 IN BLOCK 4. - . -- Remarks: THE WATER RIGHTS FOLLOWING THIS STATEMENT ARE SUPPLEMENTAL WHICH MEANS THE RIGHTS HAVE OVERLAPPING PLACES OF USE. THE RIGHTS CAN BE COMBINED TO IRRIGATE ONLY OVERLAPPING PARCELS. EACH RIGHT IS LIMITED TO THE FLOW RATE AND PLACE OF USE OF THAT INDIVIDUAL RIGHT. THE SUM TOTAL VOLUME OF THESE WATER RIGHTS SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 105036-00 105043-00 105051-00 125062-00 105037-00 105038-00 105039-00 105040-00 105044-00 105045-00 105046-00 105047-00 105052-00 105053-00 105054-00 105055-00 30043197 30043198 30043202 30043203 105041-00 105048-00 105056-00 105042-00 105049-00 105057-00 Page 3 of 3 76H 105051-00 Post Decree Abstract WARD IRRlGATlOhl DISTRICT SHALL ESTABI-ISH AND MAINTAIN A MEASURING DEVICE IN HAYES CREEK AT A LOCATION UPSTREAM FROM BUT AS NEAR TO ITS CONFLUENCE WlTH THE WARD DITCH AS IS TECHNICALLY FEASIBLE AND SHALL PROVIDE OWNERS OF THlS CLAIM WlTH (A) ACCESS TO THE DEVICE WITHIN SUCH RIGHT-OF-WAY AS WARD IRRIGATION DISTRICT MAY OBTAIN AlVD (B) A RATING TABLE AND ALL INFORMATION NECESSARY TO READ THE DEVICE. STARTING IN 2008, PERIOD OF DIVERSION WAS ADDED TO MOST CLAIM ABSTRACTS, INCLUDING THlS ONE. Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM WESTSIDE SUBBASIN- BITTERROOT RIVER BASIN 76H 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: 76H 105052-00 Version: STATEMENT OF CLAIM 2 -- POST DECREE Status: ACTIVE LEE FOSS 365 GOLD CREEK LOOP HAMILTON, MT 59840 8939 CHERYL D ROTHLISBERGER PO BOX 2135 HAMILTON, MT 59840 HUGGANS LAND CO LLC 1477 US HWY 93 HAMILTON, MT 59840 FARMERS PLANT AID CORP 822 WALL CREEK RD STITES, ID 83552 DANIEL L ROTHLISBERGER PO BOX 2135 HAMILTON, MT 59840 * OWNERSHIP OF WATER RIGHT CHANGED BY ORDER OF THE WATER COURT DURING ADJUDICATION OF THE PRELIMINARY DECREE. Priority Date: OCTOBER 25,1934 Type of Historical Right: USE Purpose (use): IRRIGATION Irrigation Type: FLOOD Flow Rate: Volume: 280.55 GPlVl THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. Climatic Area: 2 - MODERATELY HIGH *Maximum Acres: Source Name: Source Type: 678.00 UNNAMED TRIBUTARY OF CAMAS CREEK SURFACE WATER Page 2 of 2 Post Decree Abstract I Point of Diversion and Means of Diversion: Qtr Sec & Twp SWSWNW 35 5N Period of Diversion: APRIL 1 TO OCTOBER 19 Diversion Means: DITCH - ID 1 Govt Lot APRIL 1 TO OCTOBER 19 Period of Use: I *Place of Use: Acres ID 1 2 3 4 5 6 7 8 9 10 Govt Lot 20.00 200.00 80.00 100.00 80.00 20.00 54.00 80.00 20.00 24.00 ... . - Total: County RAVALLI 21W Qtr Sec E2SWSE N2 E2SW W2SE W2SW NENE N2NE N2NW SENW SWNE Sec - Twp 23 26 26 26 26 34 35 35 35 35 County 5N 5N 5N 5N 5N 5N 5N 5N 5N 5N RAVALLI RAVALLI RAVALI-I RAVALLI RAVALLI RAVALI-I RAVALLI RAVALLI RAVALI- I RAVALLI 678.00 I SLIBDIVISION: WARDS COVE 1ST ADDITION PLACE OF USE ID #2 PLACE OF USE ID #3 PLACE OF USE ID #4 PLACE OF USE ID #5 PLACE OF USE ID #7 PLACE OF USE ID #9 I -. . - - . I ..- INCLUDES LOTS 1-4 AND 14-18 IN BLOCK 2. INCLUDES LOTS 5 AND 10-13 IN BLOCK 2. INCLUDES LOTS 5 AND 6-8 IN BLOCK 2. INCLUDES LOTS 5 AND 19-22 IN BLOCK 2. INCLUDES LOTS 5 AND 9 IN BLOCK 2. INCLUDES LOTS 13, PT 1 AND 11 IN BLOCK 4. Remarks: .- .. ~ -. . ~- ~~ .---..-----p..- -. -.. . -.--- ---p-L-- THE WATER RIGHTS FOLLOWING THIS STATEMENT ARE SUPPLEMENTAL WHICH MEANS THE RIGHTS HAVE OVERLAPPING PLACES OF USE. THE RIGHTS CAN BE COMBINED TO IRRIGATE ONLY OVERLAPPING PARCELS. EACH RIGHT IS I-IMITED TO THE FLOW RATE AND PLACE OF USE OF THAT INDIVIDUAL RIGHT. THE SUM TOTAL VOLUME OF THESE WATER RIGHTS SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 105036-00 105043-00 105051-00 125062-00 105037-00 105044-00 105052-00 30043197 105038-00 105045-00 105053-00 30043198 105039-00 105046-00 105054-00 30043202 105040-00 105047-00 105055-00 30043203 105041-00 105048-00 105056-00 105042-00 105049-00 105057-00 STARTING IN 2008, PERIOD OF DIVERSION WAS ADDED TO MOST CLAIM ABSTRACTS, INCLUDING THIS ONE. Page 1 of 3 Post Decree Abstract POST DECREE ABSTRACT OF WATER RlGHT CLAIM WESTSTDE SUBBASIN- BITTERROOT RIVER BASIN 76H 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: 76H 125062-00 Version: Owners: STATEMENT OF CLAIM 2 -- POST DECREE Status: ACTIVE FARMERS PLANT AID CORP 822 WALL CREEK RD STITES, ID 83552 HUGGANS LAND CO LLC 1477 US HWY 93 HAMILTON, MT 59840 LEE FOSS 365 GOLD CREEK LOOP HAIVIILTON, MT 59840 8939 CHERYL D ROTHLISBERGER PO BOX 2135 HAMILTON, MT 59840 DANIEL L ROTHI-ISBERGER PO BOX 2135 HAMILTON, lMT 59840 * OWNERSHIP OF WATER RIGHT CHANGED BY ORDER OF THE WATER COURT DURING ADJUDICATION OF THE PRELIMINARY DECREE. Priority Date: OCTOBER 20,1882 Type of Historical Right: FILED Purpose (use): IRRIGATIOIV Irrigation Type: FLOOD Flow Rate: 12.50 CFS Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. Climatic Area: 2 - MODERATELY HIGH "Maximum Acres: Source Name: Source Type: 640.00 CAMAS CREEK SURFACE WATER Page 2 of 3 Post Decree Abstract *Point of Diversion and Means of Diversion: ID *I Qtr Sec Set SESESW 35 Period of Diversion: APRIL 1 TO OCTOBER 19 Diversion Means: HEADGATE Govt Lot 5N 21W County RAVALLI 5N 21W RAVALLI WARD DITCH Ditch Name: *2 Twp SWSENE 35 Period of Diversion: APRIL 1 TO OCTOBER 19 Diversion Means: HEADGATE POINT OF DIVERSION ID # I IS WHERE WATER FROM CAMAS CREEK IS DROPPED INTO THE WARD DITCH. POINT OF DIVERSION ID #2 IS WHERE WATER FROM CAMAS CREEK IS REMOVED FROM THE WARD DITCH AT THE BRAY LANE HEADGATE. APRIL 1 TO OCTOBER 19 Period of Use: *Place of Use: ID Acres 1 2 3 4 5 6 7 8 9 Govt Lot 163.00 12.00 175.00 80.00 50.00 80.00 40.00 20.00 20.00 Total: Qtr Sec N2 N2 S2 S2 N2NE IV2NW S2N2 S2N2 E2SWSE Sec - Twp 26 26 26 26 35 35 35 35 23 5N 5N 5N 5N 5N 5N 5N 5N 5N & 21W 21W 21W 21W 21W 21W 21W 21W 21W County RAVALLI RAVALLI RAVALLI RAVALLI RAVALLI RAVALLI RAVALLI RAVALLI RAVALLI 640.00 PLACE OF USE FOR ID # I 2. PLACE OF USE FOR ID #2 PLACE OF USE FOR ID #3 PLACE OF USE FOR ID #4 PLACE OF USE FOR ID #5 PLACE OF USE FOR ID #7 PLACE OF USE FOR ID #8 OF HWY 93). INCLUDES LOTS 1-4,14,16, 18, AND PT OF 15, BLOCK IIVCLUDES PT OF LOT 17, BLOCK 2. INCLUDES LOTS 5-8 AND 10-13, BLOCK 2. INCLUDES LOTS 19-22, BLOCK 2. INCLUDES LOT 9, BLOCK 2. INCLUDES LOTS 5,13, AND 14, BLOCK 4. INCLUDES LOTS 11,12, AND PT OF 1, BLOCK 4 (WEST ~ Remarks: THE WATER RIGHTS FOLLOWING THIS STATEMENT ARE SUPPLEMENTAL WHICH MEANS THE RIGHTS HAVE OVERLAPPING PLACES OF USE. THE RIGHTS CAN BE COMBINED TO IRRIGATE ONLY OVERLAPPING PARCELS. EACH RIGHT IS LIMITED TO THE FLOW RATE AND PLACE OF USE OF THAT INDIVIDUAL RIGHT. THE SUM TOTAL VOLUME OF THESE WATER RIGHTS SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 105036-00 105043-00 105051-00 125062-00 105037-00 105044-00 105052-00 30043197 105038-00 105039-00 105040-00 105045-00 105046-00 105047-00 105053-00 105054-00 105055-00 30043198 30043202 30043203 105041-00 105048-00 105056-00 105042-00 105049-00 105057-00 WARD IRRIGATION DISTRICT SHALL UPGRADE THE CALIBRATED STAFF GAUGE IN CAMAS CREEK IN THE SESESE OF SECTION 34, TOWNSHIP 4 NORTH, RANGE 21 WEST AND SHALL PROVIDE THE OWNERS OF THIS WATER RIGHT WITH (A) ACCESS TO THE GAUGE (OR OTHER DEVICE) AND (0) A RATING TABLE AhlD OTHER INFORMATION NECESSARY TO READ IT. - . ... July 8, 2015 76H 125062-00 Page 3 of 3 Post Decree Abstract STARTING IN 2008, PERIOD OF DIVERSION WAS ADDED TO MOST CLAIM ABSTRACTS, INCLUDING THIS ONE. Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM WESTSIDE SUBBASIN- BITTERROOT RIVER BASIN 76H IMPORTANT NOTICE ***THIS WATER RIGHT CLAIM HAS BEEN WITHDRAWN*"" 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: 76H 151687-00 Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: WITHDRAWN WARD IRRIGATION DISTRICT 220 CAMAS CREEK LOOP HAMILTON, MT 59840 Owners: Priority Date: Type of Historical Right: Purpose (use): IRRIGATION Flow Rate: Volume: Source Name: Source Type: WASTE & SEEPAGE, UNNAMED TRIBUTARY OF CAMAS CREEK SURFACE WATER Point of Diversion and Means of Diversion: Period of Use: Place of Use: .- -- .~ ~ Remarks: THIS CLAIM WAS WITHDRAWN FROM THE ADJUDICATION PROCESS AT THE REQUEST OF THE CLAIMANT ON 05/06/2015.

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