Peter Zeliff; Terry M. Fluke Revocable Family Trust
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FILED 02/28/2023 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41H-6003-A-2022 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 (406) 586-4364 1-800-624-3270 watercourt@mt.gov Brown, Stephen R 13.00 IN THE WATER COURT OF THE STATE OF MONTANA UPPER MISSOURI DIVISION GALLATIN RIVER BASIN (41H) PRELIMINARY DECREE ******************* CLAIMANTS: Peter Zeliff; Terry M. Fluke Revocable Family Trust CASE 41H-06003-A-2022 41H 25622-00 41H 25623-00 41H 25624-00 41H 25625-00 41H 30155788 CORRECTED ORDER AMENDING AND ADOPTING MASTER’S REPORT Pursuant to Montana Code Annotated, § 85-2-233(5), the above entitled case was assigned to Water Master Julia Nordlund. The Water Master filed a report containing Findings of Fact and Conclusions of Law with the Clerk of Court. Copies of the report were served upon the parties on January 13, 2023. Claimant Peter Zeliff filed an Objection to the Master’s Report on January 27, 2023. The Order Amending and Adopting Master’s Report dated February 7, 2023, made the requested corrections. On February 8, 2023, Peter Zeliff filed an additional Objection to the OAA. The Objection pointed out a typographical error on the abstract of claim 41H 30155788. The priority date should be corrected from June 1, 1982 to June 1, 1882. 1 The Court has reviewed the Water Master's Findings and Conclusions. Pursuant to Rule 53(e), Montana Rules of Civil Procedure, the Court ADOPTS the January 13, 2023 Master’s Report with the corrections in the February 7, 2023 Order Amending and Adopting, and ORDERS that Post Decree Abstract of Water Right Claim 41H 30155788 be served with this Order to confirm that the recommendations set forth in the Master's Report, as amended by this Order, have been adopted. ELECTRONICALLY SIGNED AND DATED BELOW. 2 Electronically Signed By: Hon. Judge Stephen R Brown Tue, Feb 28 2023 10:45:08 AM Service via USPS Mail: Marjorie Black 578 Concord Drive Bozeman, MT 59715 Peter Zeliff 4655 E Saile Dr Batavia, NY 14020 Potential owners: John E. & Merianne D. Ross 2190 Gateway South Rd Gallatin Gateway, MT 59730-9793 Robert John Mikkelson 2188 Gateway South Rd Gallatin Gateway, MT 59730-9793 Potential Owners: Carrie Dickerson-Mikkelson 2230 Gateway South Rd Gallatin Gateway, MT 59730-9796 Miranda Ann & Dennis E. Johnson Jr 2186 Gateway South Rd Gallatin Gateway, MT 59730-9793 Melissa Ann Mikkelson 3737 Sly Rd Helena, MT 59602-6045 Benedict W. Fluke Edward Scott Fluke 2900 Gateway Rd S. Gallatin Gateway, MT 59730-9705 \\JUDGALH2OSRV\Datavol\Share\WC-BASIN FOLDERS\41H PD\41H Cases\41H-6003A\41H-6003 OAA 2-6-23 ld.docx 3 February 23, 2023 41H 30155788 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM GALLATIN RIVER BASIN 41H 41H 30155788 Water Right Number: Version: STATEMENT OF CLAIM 1 -- ORIGINAL RIGHT Status: ACTIVE PETER ZELIFF Owners: 4655 E SAILE DR BATAVIA, NY 14020 Priority Date: JUNE 1, 1882 Type of Historical Right: DECREED Purpose (use): IRRIGATION FLOOD Irrigation Type: Flow Rate: 56.10 GPM Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 4 - MODERATELY LOW Climatic Area: Maximum Acres: 42.00 Source Name: WEST GALLATIN RIVER SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge SENWNW 22 3S 4E GALLATIN Sec 15 Twp 3S Rge 4E County GALLATIN Period of Diversion: APRIL 1 TO OCTOBER 31 Diversion Means: HEADGATE Ditch Name: NOBLE DITCH County APRIL 1 TO OCTOBER 31 Period of Use: Place of Use: ID 1 Acres 42.00 Total: Govt Lot Qtr Sec S2SW 42.00 Remarks: THIS SPLIT CLAIM WAS AUTHORIZED BY THE WATER COURT BASED ON INFORMATION IN CLAIM NO. 41H 25625-00.
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