United States of America, Department of the Interior, National Park Service , State of Montana, Department of Natural Resources and Conservation

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Montana Wnter Court PO Hor 1389 Bozoman. MI 59771-1389 1-800-614-3170 (In-state only) (4061 586-4364 IN THE WATER COURT OF THE STATE OF MONTANA NATIONAL PARK SERVICE-MONTANA COMPACT CASE NO. WC-1994-01 ORDER CORRECTING CLERICAL ERROR IN AUGUST 14,2015 ORDER On August 14,2015, this Court issued an Order Directing DNRC to Correct Clerical Errors. Unfortunately that Order contained a clerical error. It described the claims involved as "40T 30068231 through 40T 30068362; claims 40T 30068363 through 40T 30068365; and claim 40T 30068423." The numbers of the first claim were inadvertently transposed. The claims involved should have been described as 40T 30068321 through 40T 30068362; claims 40T 30068363 through 40T 30068365; and claim 40T 30068423. "The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice." Rule 60(a), M. R. Civ. P. Accordingly, the August 14, 201 5 Order Directing DNRC to Correct Clerical Errors is amended to reflect the above correction to the claim numbers involved. DATED this day of 0 ,2015. Chief Water Judge V John E. Bloomquist Bloomquist Law Firm PO Box 799 Helena, MT 59624-0799 (406) 502-1244 jbloomquist@helenalaw.com Jeremiah D. Weiner, Esq. Assistant Attorney General State of Montana 2 15 North Sanders PO Box 201401 Helena, MT 59620-1401 (406) 444-2026 jweiner2@mt.gov Jeff Weimer PO Box 55 Priest River, ID 83856 Reid Peyton Chambers Sonosky, Chambers, Sachse, Enderson & Perry, LLP 1425 K. Street Northwest, Suite 600 Washington DC 20005 Holly Franz Franz & Driscoll, PLLP PO Box 1 155 Helena, MT 59624-1 155 (406) 442-0005 holly@franzdriscoll.com F. Patrick Barry US Department of Justice Indian Resources Section PO Box 761 1 Washington DC 20044-761 1 John Peterson Adjudication Bureau Chief Montana DNRC PO Box 201602 Helena, MT 59620-1 602 (406) 444-661 8 johpeterson@mt.gov Richard Aldrich John Chaffin Office of'the Field Solicitor 2021 4thAvenue North, Suite 112 Ij~llings, 59101 MT Helena DNRC Adjudication Office Attn: Misty Hauer 910 Helena Ave. PO Box 201602 Helena, MT 59620-1602 (406) 444-0560 Gladys Connie Flygt % Douglas Flygt 1626 Capital Avenue Madison, WI 53705 S \Share\WT-CAStYWCc4-i National Park Sewirr MTComparf\WC-1994.01 0RI)EKCORRECrlNG CLERICAL ERROR IN AUGUST I * 2015 ORDER 10-IClS rjr docx 2 Montana Water Court PO Box 1389 Bazeman. MI' 59771-1389 1-800-614-3270 (In-state only) (406) 586-4364 Far: (406)522-4131 Montana Waier Court IN THE WATER COURT OF THE STATE OF MONTANA NATIONAL PARK SERVICE-MONTANA COMPACT CASE NO. WC-1994-01 ORDER GRANTING REQUEST TO INCREASE FLOW RATE AND VOLUME TO REFLECT THE TERMS OF THE NATIONAL PARK SERVICE COMPACT In July 20 15, the Department of Natural Resources and Conservation (DNRC) requested the Water Court's approval to correct several errors appearing in the National Park Service's (NPS) compacted claims in Basin 40T, Saint Mary River Basin. After looking into the issue, the Court realized that errors in the abstracts for the NPS compacted rights were not isolated to claims in Basin 40T but occurred in all five areas governed by the NPS Compact. The errors at issue appeared in the original versions of the abstracts, which were created in 1993. In 2004, the Settling Parties filed a Notice ofFiling ofAppendix 4 to the National Park Service-Montana Compact and of the Final Abstracts for All Reserved Water Rights ofthe National Park Service. Contained in that filing were abstracts that had been updated to "correct clerical errors identified during final review of the abstracts by the Settling Parties." Notice Filing, 2. Claim 41M 30068438, while not mentioned in the DNRC memo to the Court, was one of the claims for which a corrected abstract was submitted. It appears that despite the filing, the 1993 abstracts were not replaced with the corrected 2004 versions. The Court reviewed the differences between the two versions of the abstracts and determined that all of the changes contained in the 2004 versions were of a clerical nature except for the changes to claim 41M 30068438.' The changes to claim 41M 30068438 I Identified in the Court's August 14,2015 Order as "'the water right with a source described as 'Water tributav to the Two Medicine River."' appeared to be substantive in nature, increasing the flow rate from 50 gallons per minute (GPM) to 70 GPM and increasing the volume from 6.00 acre-feet per year (AFY) to 6.40 AFY. The Court determined that the corrections that were clerical in nature should be made because the changes would not substantially affect the rights contained within the abstracts or the rights of other parties. The requested changes to claim 41M 30068438, on the other hand, would substantively change the water right and could potentially affect the rights of other parties. The Court ordered the DNRC to update the database to reflect the clerical changes contained in the 2004 Abstracts with the exclusion of the substantive change to the water right with a source of "Water tributary to the Two Medicine River." In September 201 5, the United States filed a Motion for Reconsideration of Order Denying Request to Increase Flow Rate. In its motion, the United States points out that Table 5 in the NPS Compact contains information showing the total volume and flow rate for all of the Places of Use within Glacier National Park. Table 5 shows that the volume for the water right in the Two Medicine River area is 6.40 AFY and the flow rate is 70 gallons per minute. Art. III.C.2, Table 5, 5 85-20-401, MCA. The Compact provides that "[iln the event of a discrepancy between a right listed in the Abstract and that same right as quantified in accordance with Articles I1 and I11 of 1 this Compact, the parties intend that the quantification in accordance with Articles 1 and 111 of this Compact shall be reflected in a final decree." Art. II.A., 3 85-20-401, MCA. Therefore, the volume and flow rate provided in Table 5 of the Compact is controlling. The Compact provided adequate notice of the elements of the Two Medicine River water right. The DNRC database should be updated in accordance with the 2004 version of the abstract for claim 41M 30068438, which accurately reflects the terms of the Compact. It is ORDERED that the DNRC shall update claim 41M 30068438 in the database to reflect a volume of 6.40 AFY and a flow rate of 70 GPM. DATED this 1 day of 6 d d , 2015. 4 Chief water Judge Jeremiah D. Weiner, Esq. Assistant Attorney General State of Montana 2 15 North Sanders PO Box 201401 Helena, MT 59620-1401 (406) 444-2026 jweiner2@mt.gov Reid Peyton Chambers Sonosky, Chambers, Sachse, Enderson & Perry, LLP 1425 K. Street Northwest, Suite 600 Washington DC 20005 F. Patrick Barry US Department of Justice Indian Resources Section PO Box 761 1 Washington DC 20044-761 1 Richard Aldrich John Chaffin Office of the Field Solicitor 2021 4thAvenue North, Suite 112 Billings, MT 59101 Gladys Connie Flygt % Douglas Flygt 1626 Capital Avenue Madison, WI 53705 John E. Bloomquist Bloomquist Law Firm PO Box 799 Helena, MT 59624-0799 (406) 502-1244 jbloomquist@helenalaw.com Jeff Weimer PO Box 55 Priest River, ID 83856 Holly Franz Franz & Driscoll, PLLP PO Box 1155 Helena, MT 59624-1 155 (406) 442-0005 holly@franzdriscoll.com John Peterson Adjudication Bureau Chief Montana DNRC PO Box 201602 Helena, MT 59620-1602 (406) 444-661 8 johpeterson@mt.gov Helena DNRC Adjudication Office Attn: Misty Hauer 9 10 Helena Ave. PO Box 201602 Helena, MT 59620-1602 (406) 444-0560 S \Share\WC~CASES\WC94-i National Pnik SewlicMT Compac(i0rdcrOiantingRoquestto incronso FlmvRair and Volume to Reflect Toms ofNPS Compact 9-10~15r i i d o a

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