United States of America (Bureau of Land Management), United States of America (Bureau of Land Management)

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FILED 12/16/2022 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 40N-0126-R-2022 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 1-800-624-3270 (406) 586-4364 watercourt@mt.gov Stradley, Anna 1.00 IN THE WATER COURT OF THE STATE OF MONTANA LOWER MISSOURI DIVISION ROCK CREEK, TRIBUTARY OF THE MILK RIVER BASIN (40N) PRELIMINARY DECREE ****************************** CLAIMANT: United States of America (Bureau of Land Management) OBJECTOR: United States of America (Bureau of Land Management) CASE 40N-0126-R-2022 40N 76174-00 40N 76196-00 40N 76175-00 40N 76197-00 40N 76176-00 40N 76198-00 40N 76177-00 40N 76199-00 40N 76178-00 40N 76202-00 40N 76179-00 40N 76203-00 40N 76180-00 40N 76204-00 40N 76181-00 40N 76205-00 40N 76182-00 40N 76206-00 40N 76183-00 40N 76207-00 40N 76184-00 40N 76208-00 40N 76185-00 40N 76209-00 40N 76186-00 40N 76210-00 40N 76187-00 40N 76211-00 40N 76188-00 40N 76212-00 40N 76189-00 40N 76213-00 40N 76190-00 40N 76214-00 40N 76191-00 40N 76215-00 40N 76192-00 40N 76216-00 40N 76193-00 40N 76217-00 40N 76194-00 40N 76218-00 40N 76195-00 40N 76219-00 NOTICE OF FILING OF MASTER’S REPORT This Master’s Report was filed with the Montana Water Court on the above stamped date. Please review this report carefully. 1 You may file a written objection to this Master’s Report within 10 days of the stamped date if you disagree or find errors with the Master’s findings of fact, conclusions of law, or recommendations. Rule 23, W.R.Adj.R. If the Master’s Report was mailed to you, the Montana Rules of Civil Procedure allow an additional 3 days be added to the 10day objection period. Rule 6(d), M.R.Civ.P. If you file an objection, you must serve a copy of the objection to all parties on the service list found at the end of the Master’s Report. The original objection and a certificate of mailing to all parties on the service list must be filed with the Water Court. If you do not file a timely objection, the Water Court will conclude that you agree with the content of this Master’s Report. MASTER’S REPORT Statement of the case Claimant, the United States of America (Bureau of Land Management) (“BLM”), objected to its own claims. Several of the above captioned claims received a notice issue remark concerning modification of a claim’s elements by the DNRC. Issue remarks often result from Department of Natural Resources and Conservation (“DNRC”) claims examination. Claims examination confirms the historical use of water right claims and identifies issues with claims. Montana law requires the Water Court to resolve issue remarks and objections. Issues 1. Is the BLM’s objection to each claim resolved? 2. Are the notice issue remarks on claims 40N 76184-00, 40N 76185-00, 40N 76194-00, 40N 76195-00, 40N 76209-00, and 40N 76216-00 resolved? Findings of fact 1. The multiple use information remark appearing on each claim abstract should 2 be removed. 2. Preliminary Decree abstracts 40N 76184-00, 40N 76185-00, 40N 76194-00, 40N 76195-00, 40N 76209-00, and 40N 76216-00 identify their historically accurate elements. Principles of law 1. A properly filed Statement of Claim for Existing Water Right is prima facie proof of its content. Section 85-2-227, MCA. Prima facie proof may be overcome by other evidence that proves, by a preponderance of the evidence, that an element of the prima facie claim is incorrect. This is the burden of proof for every assertion that a claim is incorrect. Rule 19, W.R.Adj.R. A preponderance of the evidence is a “modest standard” and is evidence that demonstrates the fact to be proved is “more probable than not.” Hohenlohe v. State, 2010 MT 203, ¶ 33, 357 Mont. 348, 240 P.3d 628. 2. The Montana Water Court is permitted to use information submitted by the Department of Natural Resources and Conservation, the statement of claim, information from approved compacts, and any other data obtained by the Court to evaluate water right claims. Section 85-2-231(2), MCA. 3. Settlement, including the documents filed by a claimant where the claimant is the only party, is subject to review and approval by the Water Court. Rule 17(a), W.R.Adj.R. 4. When resolving issue remarks, the Montana Water Court must weigh the information resulting in the issue remark and the issue remark against the claimed water right. Section 85-2-247(2), MCA. 5. The Montana Water Court has the authority to resolve issue remarks when the claim file and information available to the Court provide a sufficient basis to do so. Section 85-2-248(3), MCA. Analysis Issue 1 – multiple use information remark objection 3 The above captioned claims, in pairs, are multiple uses of 22 water rights. A multiple use of a water right occurs when one water right is used for more than one purpose. Multiple use claims receive an information remark stating: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE MULTIPLE USES OF THE SAME WATER RIGHT. THE USE OF THIS RIGHT FOR SEVERAL PURPOSES DOES NOT INCREASE THE EXTENT OF THE WATER RIGHT. RATHER IT DECREES THE RIGHT TO ALTERNATE AND EXCHANGE THE USE (PURPOSE) OF THE WATER IN ACCORD WITH HISTORICAL PRACTICES. BLM’s objection to each pair of claims requested removal of the multiple use information remark from each claim abstract stating, “While the identified claims have the same source, places of use and points of diversion, BLM’s claimed volumes were intended to be cumulative. They add up to one fill of the reservoir, which reflects BLM’s historical use of one fill for the combined stock and wildlife purposes.” BLM’s explanation that it apportioned the total amount of water historically appropriated by the water right between each purpose in the multiple use relationship eliminates the need for the limitation enumerated by the multiple use information remark - that multiple use claims together may not use more water than the claimed water right. Conclusions of law The information remark limiting the multiple uses of each water right to the total amount of water historically appropriated by each water right is redundant and unnecessary. The multiple use information remark should be removed from each claim abstract thereby resolving BLM’s objection to each claim. Issue 2 – issue remark resolution Claims 40N 76184-00 and 40N 76185-00 appeared with the following issue remark: POINT OF DIVERSION WAS MODIFIED AS A RESULT OF DNRC REVIEW UNDER MONTANA WATER COURT REEXAMINATION ORDERS. IF NO OBJECTIONS ARE FILED TO THIS CLAIM, THESE ELEMENTS WILL REMAIN AS THEY APPEAR ON THIS ABSTRACT AND THE REMARK WILL BE REMOVED FROM THE CLAIM. Claims 40N 76194-00 and 40N 76195-00 appeared with the following issue 4 remark: POINT OF DIVERSION AND RESERVOIR RECORD WERE MODIFIED AS A RESULT OF DNRC REVIEW UNDER MONTANA WATER COURT REEXAMINATION ORDERS. IF NO OBJECTIONS ARE FILED TO THIS CLAIM, THESE ELEMENTS WILL REMAIN AS THEY APPEAR ON THIS ABSTRACT AND THE REMARK WILL BE REMOVED FROM THE CLAIM. Claim 40N 76209-00 appeared with the following issue remarks: RESERVOIR RECORD WAS MODIFIED AS A RESULT OF DNRC REVIEW UNDER MONTANA WATER COURT REEXAMINATION ORDERS. IF NO OBJECTIONS ARE FILED TO THIS CLAIM, THESE ELEMENTS WILL REMAIN AS THEY APPEAR ON THIS ABSTRACT AND THE REMARK WILL BE REMOVED FROM THE CLAIM. THE CLAIMANT DID NOT IDENTIFY THE PERIOD OF DIVERSION FOR THIS RIGHT. A PERIOD OF DIVERSION HAS BEEN ADDED TO MATCH THE PERIOD OF USE. IF NO OBJECTIONS ARE RECEIVED TO THE PERIOD OF DIVERSION OR PERIOD OF USE, THOSE ELEMENTS WILL BE DECREED AS SHOWN ON THIS ABSTRACT AND THIS ISSUE REMARK WILL BE REMOVED FROM THIS CLAIM. Claim 40N 76216-00 appeared with the following issue remark: RESERVOIR RECORD HAS BEEN MODIFIED AS A RESULT OF DNRC REVIEW UNDER MONTANA WATER COURT REEXAMINATION ORDERS. IF NO OBJECTIONS ARE FILED TO THIS CLAIM, THESE ELEMENTS WILL REMAIN AS THEY APPEAR ON THIS ABSTRACT AND THE REMARK WILL BE REMOVED FROM THE CLAIM. Each of the foregoing issue remarks instructed claimant and other water users that if no objections were filed to the elements of the claims, the elements of the claims would remain as they appear on the Preliminary Decree abstracts. No one, including BLM, objected to the historical accuracy of the elements identified by the issue remarks on these claims. Conclusions of law Preliminary Decree abstracts 40N 76184-00, 40N 76185-00, 40N 76194-00, 40N 76195-00, 40N 76209-00, and 40N 76216-00 identify their historically accurate elements. The issue remarks appearing on each claim served their notice purpose. Recommendations The multiple use information remark should be removed from each claim abstract. The claims accurately reflect historical use. No changes to the elements of the claims should be made. The issue remarks should be removed from the abstracts of claims 40N 76184-00, 5 40N 76185-00, 40N 76194-00, 40N 76195-00, 40N 76209-00, and 40N 76216-00. Post Decree Abstracts of Water Right Claim accompany this report to confirm implementation of the recommendations in the state's centralized water right record system. ELECTRONICALLY SIGNED AND DATED BELOW. Service via Electronic Mail Roselyn Rennie Special Assistant US Attorney Office of the Solicitor 2021 4th Ave North, Suite 112 Billings, MT 59101 (406) 247-7545 roselyn.rennie@sol.doi.gov sol-jeffrey.snell@sol.doi.gov kelsey.golden@sol.doi.gov \\JUDGALH2OSRV\Datavol\Share\WC-BASIN FOLDERS\40N PD\Cases\126R\AS MR--40N-126R.docx vh for sjs 6 Electronically Signed By: Hon. Judge Anna Stradley Fri, Dec 16 2022 08:06:28 AM December 13, 2022 40N 76174-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76174-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: JULY 23, 1963 Type of Historical Right: USE Purpose (use): WILDLIFE Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 3.38 AC-FT *Volume: UNNAMED TRIBUTARY OF ROCK CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWSWSE 17 37N 37E VALLEY Sec 17 Twp 37N Rge 37E County VALLEY Qtr Sec NWSWSE Sec 17 Twp 37N Rge 37E County VALLEY SWNWSE 17 37N 37E VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NWSWSE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 2 Acres Govt Lot December 13, 2022 40N 76175-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76175-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: JULY 23, 1963 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. 0.62 AC-FT *Volume: UNNAMED TRIBUTARY OF ROCK CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWSWSE 17 37N 37E VALLEY Sec 17 Twp 37N Rge 37E County VALLEY Qtr Sec NWSWSE Sec 17 Twp 37N Rge 37E County VALLEY SWNWSE 17 37N 37E VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NWSWSE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 2 Acres Govt Lot December 13, 2022 40N 76176-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76176-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: FEBRUARY 28, 1946 Type of Historical Right: USE Purpose (use): WILDLIFE Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 3.38 AC-FT *Volume: UNNAMED TRIBUTARY OF MCEACHERN CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NENWSE 19 37N 37E VALLEY Sec 19 Twp 37N Rge 37E County VALLEY Qtr Sec NENWSE Sec 19 Twp 37N Rge 37E County VALLEY NWNESE 19 37N 37E VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NENWSE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 2 Acres Govt Lot December 13, 2022 40N 76177-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76177-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: FEBRUARY 28, 1946 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. 0.62 AC-FT *Volume: UNNAMED TRIBUTARY OF MCEACHERN CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NENWSE 19 37N 37E VALLEY Sec 19 Twp 37N Rge 37E County VALLEY Qtr Sec NENWSE Sec 19 Twp 37N Rge 37E County VALLEY NWNESE 19 37N 37E VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NENWSE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 2 Acres Govt Lot December 13, 2022 40N 76178-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76178-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: OCTOBER 31, 1949 Type of Historical Right: USE Purpose (use): WILDLIFE Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 4.38 AC-FT *Volume: UNNAMED TRIBUTARY OF ROCK CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWNENW 21 37N 37E VALLEY Sec 21 Twp 37N Rge 37E County VALLEY Qtr Sec W2NENW Sec 21 Twp 37N Rge 37E County VALLEY E2NWNW 21 37N 37E VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SWNENW Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 2 Acres Govt Lot December 13, 2022 40N 76179-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76179-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: FEBRUARY 28, 1949 Type of Historical Right: USE Purpose (use): WILDLIFE Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 3.38 AC-FT *Volume: UNNAMED TRIBUTARY OF ROCK CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SESWNW 21 37N 37E VALLEY Sec 21 Twp 37N Rge 37E County VALLEY Sec 21 Twp 37N Rge 37E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SESWNW Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SESWNW December 13, 2022 40N 76180-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76180-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: FEBRUARY 28, 1949 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. 0.62 AC-FT *Volume: UNNAMED TRIBUTARY OF ROCK CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SESWNW 21 37N 37E VALLEY Sec 21 Twp 37N Rge 37E County VALLEY Sec 21 Twp 37N Rge 37E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SESWNW Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SESWNW December 13, 2022 40N 76181-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76181-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: OCTOBER 31, 1949 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. 0.62 AC-FT *Volume: UNNAMED TRIBUTARY OF ROCK CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWNENW 21 37N 37E VALLEY Sec 21 Twp 37N Rge 37E County VALLEY Qtr Sec W2NENW Sec 21 Twp 37N Rge 37E County VALLEY E2NWNW 21 37N 37E VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SWNENW Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 2 Acres Govt Lot December 13, 2022 40N 76182-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76182-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: JULY 27, 1963 Type of Historical Right: USE Purpose (use): WILDLIFE Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 5.78 AC-FT *Volume: UNNAMED TRIBUTARY OF SOUTH CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SESWSW 23 37N 37E VALLEY Sec 23 Twp 37N Rge 37E County VALLEY Sec 23 Twp 37N Rge 37E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SESWSW Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SESWSW December 13, 2022 40N 76183-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76183-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: JULY 27, 1963 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. 0.62 AC-FT *Volume: UNNAMED TRIBUTARY OF SOUTH CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SESWSW 23 37N 37E VALLEY Sec 23 Twp 37N Rge 37E County VALLEY Sec 23 Twp 37N Rge 37E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SESWSW Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SESWSW December 13, 2022 40N 76184-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76184-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: FEBRUARY 28, 1950 Type of Historical Right: USE Purpose (use): WILDLIFE Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 3.38 AC-FT *Volume: UNNAMED TRIBUTARY OF TOMATO CAN CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NESWNW 24 37N 37E VALLEY Sec 24 Twp 37N Rge 37E County VALLEY Sec 24 Twp 37N Rge 37E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SESWNW Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SESWNW December 13, 2022 40N 76185-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76185-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: FEBRUARY 28, 1950 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. 0.62 AC-FT *Volume: UNNAMED TRIBUTARY OF TOMATO CAN CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NESWNW 24 37N 37E VALLEY Sec 24 Twp 37N Rge 37E County VALLEY Sec 24 Twp 37N Rge 37E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SESWNW Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SESWNW December 13, 2022 40N 76186-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76186-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: JULY 15, 1965 Type of Historical Right: USE Purpose (use): WILDLIFE Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 6.38 AC-FT *Volume: UNNAMED TRIBUTARY OF ROCK CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWSWSE 29 37N 37E VALLEY Sec 29 Twp 37N Rge 37E County VALLEY Sec 29 Twp 37N Rge 37E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SWSWSE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SWSWSE December 13, 2022 40N 76187-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76187-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: JULY 15, 1965 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. 0.62 AC-FT *Volume: UNNAMED TRIBUTARY OF ROCK CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWSWSE 29 37N 37E VALLEY Sec 29 Twp 37N Rge 37E County VALLEY Sec 29 Twp 37N Rge 37E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SWSWSE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SWSWSE December 13, 2022 40N 76188-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76188-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: FEBRUARY 28, 1950 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. 0.62 AC-FT *Volume: UNNAMED TRIBUTARY OF ROCK CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SESWNE 32 37N 37E VALLEY Sec 32 Twp 37N Rge 37E County VALLEY Sec 32 Twp 37N Rge 37E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SESWNE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec E2SWNE December 13, 2022 40N 76189-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76189-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: FEBRUARY 28, 1950 Type of Historical Right: USE Purpose (use): WILDLIFE Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 4.38 AC-FT *Volume: UNNAMED TRIBUTARY OF ROCK CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SESWNE 32 37N 37E VALLEY Sec 32 Twp 37N Rge 37E County VALLEY Sec 32 Twp 37N Rge 37E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SESWNE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec E2SWNE December 13, 2022 40N 76190-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76190-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: JULY 27, 1963 Type of Historical Right: USE Purpose (use): WILDLIFE Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 7.68 AC-FT *Volume: UNNAMED TRIBUTARY OF SOUTH CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SESWNW 35 37N 37E VALLEY Sec 35 Twp 37N Rge 37E County VALLEY Sec 35 Twp 37N Rge 37E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SESWNW Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SESWNW December 13, 2022 40N 76191-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76191-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: JULY 27, 1963 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. 0.62 AC-FT *Volume: UNNAMED TRIBUTARY OF SOUTH CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SESWNW 35 37N 37E VALLEY Sec 35 Twp 37N Rge 37E County VALLEY Sec 35 Twp 37N Rge 37E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SESWNW Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SESWNW December 13, 2022 40N 76192-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76192-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: FEBRUARY 1, 1962 Type of Historical Right: USE Purpose (use): WILDLIFE Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 1.38 AC-FT *Volume: UNNAMED TRIBUTARY OF MORGAN CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NENESE 1 37N 38E VALLEY Sec 1 Twp 37N Rge 38E County VALLEY Sec 1 Twp 37N Rge 38E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NENESE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec E2NESE December 13, 2022 40N 76193-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76193-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: FEBRUARY 1, 1962 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. 0.62 AC-FT *Volume: UNNAMED TRIBUTARY OF MORGAN CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NENESE 1 37N 38E VALLEY Sec 1 Twp 37N Rge 38E County VALLEY Sec 1 Twp 37N Rge 38E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NENESE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec E2NESE December 13, 2022 40N 76194-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76194-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: FEBRUARY 28, 1948 Type of Historical Right: USE Purpose (use): WILDLIFE Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 4.38 AC-FT *Volume: UNNAMED TRIBUTARY OF ROCK CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SESWNE 4 37N 38E VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM THE DAM EXTENDS INTO THE SWSENE SEC 4 TWP 37N RGE 38E VALLEY COUNTY. ONSTREAM Reservoir: Govt Lot Qtr Sec SESWNE Sec 4 Twp 37N Rge 38E County VALLEY Qtr Sec SESWNE Sec 4 Twp 37N Rge 38E County VALLEY 2 SWSENE 4 37N 38E VALLEY 3 NENWSE 4 37N 38E VALLEY 4 NWNESE 4 37N 38E VALLEY Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot December 13, 2022 40N 76195-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76195-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: FEBRUARY 28, 1948 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. 0.62 AC-FT *Volume: UNNAMED TRIBUTARY OF ROCK CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SESWNE 4 37N 38E VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM THE DAM EXTENDS INTO THE SWSENE SEC 4 TWP 37N RGE 38E VALLEY COUNTY. ONSTREAM Reservoir: Govt Lot Qtr Sec SESWNE Sec 4 Twp 37N Rge 38E County VALLEY Qtr Sec SESWNE Sec 4 Twp 37N Rge 38E County VALLEY 2 SWSENE 4 37N 38E VALLEY 3 NENWSE 4 37N 38E VALLEY 4 NWNESE 4 37N 38E VALLEY Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot December 13, 2022 40N 76196-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76196-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: JUNE 30, 1970 Type of Historical Right: USE Purpose (use): WILDLIFE Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 5.38 AC-FT *Volume: UNNAMED TRIBUTARY OF ROCK CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWNENE 6 37N 38E VALLEY Sec 6 Twp 37N Rge 38E County VALLEY Sec 6 Twp 37N Rge 38E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SWNENE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SWNENE December 13, 2022 40N 76197-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76197-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: JUNE 30, 1970 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. 0.62 AC-FT *Volume: UNNAMED TRIBUTARY OF ROCK CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWNENE 6 37N 38E VALLEY Sec 6 Twp 37N Rge 38E County VALLEY Sec 6 Twp 37N Rge 38E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SWNENE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SWNENE December 13, 2022 40N 76198-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76198-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: JULY 25, 1963 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. 0.62 AC-FT *Volume: UNNAMED TRIBUTARY OF ROCK CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWSWNW 7 37N 38E VALLEY Sec 7 Twp 37N Rge 38E County VALLEY Sec 7 Twp 37N Rge 38E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM ONSTREAM *Reservoir: Govt Lot Qtr Sec SWSWNW Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec S2SWNW December 13, 2022 40N 76199-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76199-00 Water Right Number: Version: STATEMENT OF CLAIM 4 -- POST DECREE ACTIVE Status: USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: JULY 25, 1963 Type of Historical Right: USE Purpose (use): WILDLIFE Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 0.38 AC-FT *Volume: UNNAMED TRIBUTARY OF ROCK CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWSWNW 7 37N 38E VALLEY Sec 7 Twp 37N Rge 38E County VALLEY Sec 7 Twp 37N Rge 38E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM ONSTREAM *Reservoir: Govt Lot Qtr Sec SWSWNW Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec S2SWNW December 13, 2022 40N 76202-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76202-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: JANUARY 12, 1938 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. 0.62 AC-FT *Volume: UNNAMED TRIBUTARY OF ROCK CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NENWNW 7 37N 38E VALLEY Sec 7 Twp 37N Rge 38E County VALLEY Sec 7 Twp 37N Rge 38E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: PIT Reservoir: ONSTREAM Govt Lot Qtr Sec NENWNW Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NENWNW December 13, 2022 40N 76203-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76203-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: MARCH 20, 1962 Type of Historical Right: USE Purpose (use): WILDLIFE Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 3.38 AC-FT *Volume: UNNAMED TRIBUTARY OF ROCK CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWNENE 7 37N 38E VALLEY Sec 7 Twp 37N Rge 38E County VALLEY Sec 7 Twp 37N Rge 38E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SWNENE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SWNENE December 13, 2022 40N 76204-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76204-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: MARCH 20, 1962 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. 0.62 AC-FT *Volume: UNNAMED TRIBUTARY OF ROCK CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWNENE 7 37N 38E VALLEY Sec 7 Twp 37N Rge 38E County VALLEY Sec 7 Twp 37N Rge 38E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SWNENE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SWNENE December 13, 2022 40N 76205-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76205-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: JANUARY 12, 1938 Type of Historical Right: USE Purpose (use): WILDLIFE Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 4.98 AC-FT *Volume: UNNAMED TRIBUTARY OF ROCK CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NENWNW 7 37N 38E VALLEY Sec 7 Twp 37N Rge 38E County VALLEY Sec 7 Twp 37N Rge 38E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: PIT Reservoir: ONSTREAM Govt Lot Qtr Sec NENWNW Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NENWNW December 13, 2022 40N 76206-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76206-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: FEBRUARY 28, 1950 Type of Historical Right: USE Purpose (use): WILDLIFE Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 4.38 AC-FT *Volume: UNNAMED TRIBUTARY OF NORTH FORK SOUTH CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SENWNW 14 37N 38E VALLEY Sec 14 Twp 37N Rge 38E County VALLEY Sec 14 Twp 37N Rge 38E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SENWNW Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SENWNW December 13, 2022 40N 76207-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76207-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: FEBRUARY 28, 1950 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. 0.62 AC-FT *Volume: UNNAMED TRIBUTARY OF NORTH FORK SOUTH CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SENWNW 14 37N 38E VALLEY Sec 14 Twp 37N Rge 38E County VALLEY Sec 14 Twp 37N Rge 38E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SENWNW Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SENWNW December 13, 2022 40N 76208-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76208-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: DECEMBER 31, 1937 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. 0.62 AC-FT *Volume: UNNAMED TRIBUTARY OF TOMATO CAN CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWSENW 19 37N 38E VALLEY Sec 19 Twp 37N Rge 38E County VALLEY Qtr Sec SENW Sec 19 Twp 37N Rge 38E County VALLEY SWSWNE 19 37N 38E VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SWSENW Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 2 Acres Govt Lot December 13, 2022 40N 76209-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76209-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: ACTIVE Status: USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: DECEMBER 31, 1937 Type of Historical Right: USE Purpose (use): WILDLIFE Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 26.36 AC-FT *Volume: UNNAMED TRIBUTARY OF TOMATO CAN CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWSENW 19 37N 38E VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Reservoir Name: VR-57 RET RESERVOIR Qtr Sec SWSENW Sec 19 Twp 37N Rge 38E County VALLEY Qtr Sec SENW Sec 19 Twp 37N Rge 38E County VALLEY SWSWNE 19 37N 38E VALLEY Diversion to Reservoir: DIVERSION # 1 Dam Height: 8.00 FEET Depth: 5.00 FEET Surface Area: 12.00 ACRES Capacity: 24.00 ACRE-FEET JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 2 Acres Govt Lot December 13, 2022 40N 76210-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76210-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: FEBRUARY 28, 1952 Type of Historical Right: USE Purpose (use): WILDLIFE Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 4.38 AC-FT *Volume: UNNAMED TRIBUTARY OF NORTH FORK SOUTH CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWSWSE 24 37N 38E VALLEY Sec 24 Twp 37N Rge 38E County VALLEY Sec 24 Twp 37N Rge 38E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NWSWSE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NWSWSE December 13, 2022 40N 76211-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76211-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: FEBRUARY 28, 1952 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. 0.62 AC-FT *Volume: UNNAMED TRIBUTARY OF NORTH FORK SOUTH CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWSWSE 24 37N 38E VALLEY Sec 24 Twp 37N Rge 38E County VALLEY Sec 24 Twp 37N Rge 38E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NWSWSE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NWSWSE December 13, 2022 40N 76212-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76212-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: FEBRUARY 28, 1950 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. 0.62 AC-FT *Volume: UNNAMED TRIBUTARY OF TOMATO CAN CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWNWNE 29 37N 38E VALLEY Sec 29 Twp 37N Rge 38E County VALLEY Sec 29 Twp 37N Rge 38E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SWNWNE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SWNWNE December 13, 2022 40N 76213-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76213-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: FEBRUARY 28, 1950 Type of Historical Right: USE Purpose (use): WILDLIFE Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 4.38 AC-FT *Volume: UNNAMED TRIBUTARY OF TOMATO CAN CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWNWNE 29 37N 38E VALLEY Sec 29 Twp 37N Rge 38E County VALLEY Sec 29 Twp 37N Rge 38E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SWNWNE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SWNWNE December 13, 2022 40N 76214-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76214-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: FEBRUARY 28, 1943 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. 0.62 AC-FT *Volume: UNNAMED TRIBUTARY OF SOUTH CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NESESE 32 37N 38E VALLEY Sec 32 Twp 37N Rge 38E County VALLEY Sec 32 Twp 37N Rge 38E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NESESE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NESESE December 13, 2022 40N 76215-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76215-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: FEBRUARY 28, 1943 Type of Historical Right: USE Purpose (use): WILDLIFE Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 3.38 AC-FT *Volume: UNNAMED TRIBUTARY OF SOUTH CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NESESE 32 37N 38E VALLEY Sec 32 Twp 37N Rge 38E County VALLEY Sec 32 Twp 37N Rge 38E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NESESE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NESESE December 13, 2022 40N 76216-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76216-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: ACTIVE Status: USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: DECEMBER 31, 1938 Type of Historical Right: USE Purpose (use): WILDLIFE Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 72.81 AC-FT *Volume: UNNAMED TRIBUTARY OF NORTH FORK SOUTH CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SESENE 34 37N 38E VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Reservoir Name: VR-77 RET RESERVOIR Qtr Sec SESENE Sec 34 Twp 37N Rge 38E County VALLEY Qtr Sec E2SENE Sec 34 Twp 37N Rge 38E County VALLEY 2 W2SWNW 35 37N 38E VALLEY 3 S2NWNW 35 37N 38E VALLEY Diversion to Reservoir: DIVERSION # 1 Dam Height: 13.00 FEET Depth: 10.00 FEET Surface Area: 19.00 ACRES Capacity: 76.00 ACRE-FEET JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot December 13, 2022 40N 76217-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76217-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: DECEMBER 31, 1938 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. 0.62 AC-FT *Volume: UNNAMED TRIBUTARY OF NORTH FORK SOUTH CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Twp Rge County SESENE 34 37N 38E VALLEY Sec 34 Twp 37N Rge 38E County VALLEY Qtr Sec E2SENE Sec 34 Twp 37N Rge 38E County VALLEY 2 W2SWNW 35 37N 38E VALLEY 3 S2NWNW 35 37N 38E VALLEY 1 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SESENE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot December 13, 2022 40N 76218-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76218-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: FEBRUARY 28, 1949 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. 0.62 AC-FT *Volume: UNNAMED TRIBUTARY OF NORTH FORK SOUTH CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWNENE 19 37N 39E VALLEY Sec 19 Twp 37N Rge 39E County VALLEY Sec 19 Twp 37N Rge 39E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SWNENE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec S2NENE December 13, 2022 40N 76219-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROCK CREEK, TRIBUTARY TO MILK RIVER BASIN 40N 40N 76219-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: USA (DEPT OF INTERIOR BUREAU OF LAND MGMT) Owners: 5001 SOUTHGATE DR BILLINGS, MT 59101 4669 Priority Date: FEBRUARY 28, 1949 Type of Historical Right: USE Purpose (use): WILDLIFE Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 4.38 AC-FT *Volume: UNNAMED TRIBUTARY OF NORTH FORK SOUTH CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWNENE 19 37N 39E VALLEY Sec 19 Twp 37N Rge 39E County VALLEY Sec 19 Twp 37N Rge 39E County VALLEY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SWNENE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec S2NENE

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