Hammond Cattle Co., Apsaalooke (Crow) Tribe; United States of America (Bureau of Indian Affairs)

Annotate this Case

Download PDF

FILED 02/28/2023 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 42A-0047-P-2017 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 (406) 586-4364 1-800-624-3270 watercourt@mt.gov Block, Nathaniel 32.00 IN THE WATER COURT OF THE STATE OF MONTANA YELLOWSTONE DIVISION ROSEBUD CREEK - BASIN 42A ******************** CLAIMANT: Hammond Cattle Co. OBJECTORS: Apsaalooke (Crow) Tribe; United States of America (Bureau of Indian Affairs) NOTICE OF INTENT TO APPEAR: Northern Cheyenne Tribe ON MOTION OF THE MONTANA WATER COURT CASE 42A-0047-P-2017 42A 182498-00 42A 182500-00 42A 182501-00 42A 182506-00 42A 182509-00 42A 182511-00 42A 182514-00 NOTICE OF FILING OF MASTER’S REPORT You may file a written objection to the Report if you disagree with the Master’s Findings of Fact, Conclusions of Law, or Recommendations, or if there are errors in the Report. The above stamped date indicates the date the Master’s Report was filed and mailed. Rule 23 of the Water Right Adjudication Rules requires that written objections to a Master’s Report must be filed within 10 days of the date of the Master’s Report. Because the Report was mailed to you, the Montana Rules of Civil Procedure allow an additional 3 days be added to the 10 day objection period. Rule 6(d), M. R. Civ. P. This means your objection must be received no later than 13 days from the above stamped date. If you file an objection, you must mail 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. 1 MASTER’S REPORT FINDINGS OF FACT 1. The above captioned claims appeared in the Preliminary Decree for Rosebud Creek (Basin 42A) with issue remarks. The Apsaalooke (Crow) Tribe and the United States Bureau of Indian Affairs (“BIA”) filed Objections to the claims. The Northern Cheyenne Tribe filed Notices of Intent to Appear for the claims. 2. On March 23, 2017 the above captioned claims were consolidated into Case 42A0047-P-2017. 3. On June 29, 2022, a Stipulation was filed with the Court. The Stipulation seeks to clarify ownership, modify the point of diversion and place of use for claim 42A 18250100, add remarks to certain claims and to dismiss claim 42A 182506-00. It appears to this Master that ownership was updated via the DNRC ownership update process and no action is being taken in regards to ownership. If this understanding is incorrect, the parties should file objections to this Master’s Report. 5. Pursuant to the Stipulation, the parties request the dismissal of Claim No. 42A 182506-00. 6. Pursuant to the Stipulation, the parties propose that the following remark be added to claims 42A 182498-00, 42A 182500-00, 42A 182501-00, 42A 182509-00, 42A 182511-00, 42A 182514-00: Type of Historical Right: Reserved This water right is a Walton Right. This water right is not part ofthe Tribal Water Right as defined in the Crow Compact. 7. Pursuant to the Stipulation, the parties propose that the following remark be added to claims 42A 182498-00, 42A 182500-00, 42A 182501-00, 42A 182509-00, 42A 182511-00, 42A 182514-00: 2 In the case ofany shortages,this water right and the Northern Cheyenne Tribal Water Right in Article II.A.3 ofthe Northern Cheyenne-Montana Compact,8520-301 MCA,shall reduce water usage in the same manner as water usage is reduced under the Crow-Montana Water Rights Compact, 85-20-901 MCA. This agreement to reduce water usage does not give any party the right to enter onto private lands to obtain or demand water. Only the water right owner has the authority to use this water right. 11. Pursuant to the Stipulation, the parties propose the following modifications to claim 42A 182501-00: Point of Diversion: SENENW 34 TO2S R38E Big Horn C'ty Place of Use: SENENW 34 TO2S R38E Big Horn C'ty Means of Diversion: Developed Spring PRINCIPLES OF LAW 1. The Montana Water Court has the authority to determine the extent of all water rights in the state as they existed prior to July 1, 1973. Fellows v. Saylor, 2016 MT 45, ¶ 25, 382 Mont. 298, 367 P.3d 732; §§ 85-2-233, -102(12), MCA. The purpose of the Water Court is to adjudicate rights to the use of water as they existed on July 1, 1973. In re Clark Fork River, 254 Mont. 11, 17, 833 P.3d 1120 (Mont. 1992). 2. “The Water Court is not bound by settlement agreements. Any settlement reached by the parties is subject to review and approval by the Water Court.” Rule 17(a), W.R.Adj.R; In re Argabright, 2014 Mont. Water LEXIS 9, 41I 265 (December 12, 2014). 3. Where a claimant agrees to reduce or limit an element of a claim, “the water court does not need to determine whether the burden of proof has been met.” Rule 17(c), W.R.Adj.R. The Court may accept the requested reduction or limitation “without further presentation of evidence.” Rule 17(c), W.R.Adj.R. CONCLUSIONS OF LAW 3 1. The Stipulation entered into by the parties is signed by the claimants, the Crow Tribe, the BIA and the Northern Cheyenne Tribe, conforms to applicable law and, accordingly, the record supports the resolution of the objections and NOIAs to the abovecaptioned claims, as well as the modification of the above-captioned claims. The issue remarks have been resolved and should be removed from the claims. RECOMMENDATIONS 1. Upon review of the record in this case, the above-captioned claims should be modified as discussed above. The Crow Tribe’s and the BIA’s objections should be resolved. The Northern Cheyenne Tribe’s NOIAs should be resolved. Post Decree Abstracts of Water Right Claims are attached to this Master’s Report for review. ELECTRONICALLY SIGNED AND DATED BELOW. Service via Electronic Mail: Renee L. Coppock Crowley Fleck PLLP PO Box 2529 Billings, MT 59103-2529 (406) 252-3441 rcoppock@crowleyfleck.com acowen@crowleyfleck.com Service via Electronic Mail: Nathan A. Espeland, Esq. Espeland Law Office, PLLC PO Box 1470 Columbus, MT 59019 (406) 322-9877 espelandnathan@gmail.com Patrick Barry, Trial Attorney David W. Harder Yosef M. Negose United States Department of Justice ENRD/IRS PO Box 7611, Ben Franklin Station Washington, DC 20044-7611 (202) 305-0254 Patrick.Barry@usdoj.gov IRSMontanaWater.enrd@usdoj.gov david.harder@usdoj.gov yosef.negose@usdoj.gov Efile_Denver.enrd@usdoj.gov Hertha L. Lund Lund Law PLLC 662 S. Ferguson Ave., Unit 2 Bozeman, MT 59718 (406) 586-6254 lund@lund-law.com Jeanne S. Whiteing Attorney at Law 1628 5th St Boulder, CO 80302 (303) 444-2549 jwhiteing@whiteinglaw.com \\JUDGALH2OSRV\Datavol\Share\WC-BASIN FOLDERS\42A\Cases\42A-47\NB 42A-0047-P-2017 - MR - Stipulation (Multiple Claims, POD, POU, Dismiss Claims, Walton, Northern Cheyenne Language )2 2-23-2023 bw.docx 4 Electronically Signed By: Hon. Judge Nathaniel Block Tue, Feb 28 2023 10:06:54 AM February 6, 2023 42A 182498-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROSEBUD CREEK BASIN 42A 42A 182498-00 Water Right Number: Version: RESERVED CLAIM 2 -- POST DECREE Status: ACTIVE HAMMOND BYPASS TRUST Owners: HAMMOND, GEORGE J TRUSTEE PO BOX 363 HARDIN, MT 59034 GEORGE J HAMMOND PO BOX 363 HARDIN, MT 59034 Priority Date: MAY 7, 1868 Type of Historical Right: RESERVED THIS WATER RIGHT IS A WALTON RIGHT. THIS WATER RIGHT IS NOT PART OF THE TRIBAL WATER RIGHT AS DEFINED IN THE CROW COMPACT. Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED BECAUSE THIS USE CONSISTS OF STOCK DRINKING DIRECTLY FROM THE SOURCE, OR FROM A DITCH SYSTEM. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. Volume: THIS RIGHT INCLUDES THE AMOUNT OF WATER CONSUMPTIVELY USED FOR STOCK WATERING PURPOSES AT THE RATE OF 30 GALLONS PER DAY PER ANIMAL UNIT. ANIMAL UNITS SHALL BE BASED ON REASONABLE CARRYING CAPACITY AND HISTORICAL USE OF THE AREA SERVICED BY THIS WATER SOURCE. Source Name: SPRING, UNNAMED TRIBUTARY OF PORCUPINE CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Period of Diversion: Qtr Sec Sec Twp Rge County NESWSE 34 2S 38E BIG HORN Twp 2S Rge 38E County BIG HORN MAY 1 TO NOVEMBER 30 LIVESTOCK DIRECT FROM SOURCE Diversion Means: MAY 1 TO NOVEMBER 30 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NESWSE Sec 34 Remarks: THIS WATER RIGHT IS LOCATED, IN WHOLE OR IN PART, WITHIN THE BOUNDARY OF THE CROW INDIAN RESERVATION. February 6, 2023 42A 182498-00 Page 2 of 2 Post Decree Abstract IN THE CASE OF ANY SHORTAGES, THIS WATER RIGHT AND THE NORTHERN CHEYENNE TRIBAL WATER RIGHT IN ARTICLE II.A.3 OF THE NORTHERN CHEYENNE-MONTANA COMPACT, 85-20-301 MCA, SHALL REDUCE WATER USAGE IN THE SAME MANNER AS WATER USAGE IS REDUCED UNDER THE CROW-MONTANA WATER RIGHTS COMPACT, 85-20-901 MCA. THIS AGREEMENT TO REDUCE WATER USAGE DOES NOT GIVE ANY PARTY THE RIGHT TO ENTER ONTO PRIVATE LANDS TO OBTAIN OR DEMAND WATER. ONLY THE WATER RIGHT OWNER HAS THE AUTHORITY TO USE THIS WATER RIGHT. February 6, 2023 42A 182500-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROSEBUD CREEK BASIN 42A 42A 182500-00 Water Right Number: Version: RESERVED CLAIM 2 -- POST DECREE Status: ACTIVE HAMMOND BYPASS TRUST Owners: HAMMOND, GEORGE J TRUSTEE PO BOX 363 HARDIN, MT 59034 Priority Date: MAY 7, 1868 Type of Historical Right: RESERVED THIS WATER RIGHT IS A WALTON RIGHT. THIS WATER RIGHT IS NOT PART OF THE TRIBAL WATER RIGHT AS DEFINED IN THE CROW COMPACT. Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED BECAUSE THIS USE CONSISTS OF STOCK DRINKING DIRECTLY FROM THE SOURCE, OR FROM A DITCH SYSTEM. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. Volume: THIS RIGHT INCLUDES THE AMOUNT OF WATER CONSUMPTIVELY USED FOR STOCK WATERING PURPOSES AT THE RATE OF 30 GALLONS PER DAY PER ANIMAL UNIT. ANIMAL UNITS SHALL BE BASED ON REASONABLE CARRYING CAPACITY AND HISTORICAL USE OF THE AREA SERVICED BY THIS WATER SOURCE. Source Name: SPRING, UNNAMED TRIBUTARY OF PORCUPINE CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Period of Diversion: Qtr Sec Sec Twp Rge County NWNESW 3 3S 38E BIG HORN Twp 3S Rge 38E County BIG HORN MAY 1 TO NOVEMBER 30 LIVESTOCK DIRECT FROM SOURCE Diversion Means: MAY 1 TO NOVEMBER 30 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NWNESW Sec 3 Remarks: THIS WATER RIGHT IS LOCATED, IN WHOLE OR IN PART, WITHIN THE BOUNDARY OF THE CROW INDIAN RESERVATION. IN THE CASE OF ANY SHORTAGES, THIS WATER RIGHT AND THE NORTHERN CHEYENNE TRIBAL WATER RIGHT IN ARTICLE II.A.3 OF THE NORTHERN CHEYENNE-MONTANA COMPACT, 85-20-301 MCA, SHALL REDUCE WATER USAGE IN THE SAME MANNER AS WATER USAGE IS REDUCED UNDER THE CROW-MONTANA WATER RIGHTS COMPACT, 85-20-901 MCA. THIS AGREEMENT TO REDUCE WATER USAGE DOES NOT GIVE ANY PARTY THE RIGHT TO ENTER ONTO PRIVATE LANDS TO OBTAIN OR DEMAND WATER. ONLY THE WATER RIGHT OWNER HAS THE AUTHORITY TO USE THIS WATER RIGHT. February 6, 2023 42A 182501-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROSEBUD CREEK BASIN 42A 42A 182501-00 Water Right Number: Version: RESERVED CLAIM 2 -- POST DECREE ACTIVE Status: HAMMOND BYPASS TRUST Owners: HAMMOND, GEORGE J TRUSTEE PO BOX 363 HARDIN, MT 59034 GEORGE J HAMMOND PO BOX 363 HARDIN, MT 59034 Priority Date: MAY 7, 1868 Type of Historical Right: RESERVED THIS WATER RIGHT IS A WALTON RIGHT. THIS WATER RIGHT IS NOT PART OF THE TRIBAL WATER RIGHT AS DEFINED IN THE CROW COMPACT. Purpose (use): STOCK Flow Rate: 4.00 GPM Volume: THIS RIGHT INCLUDES THE AMOUNT OF WATER CONSUMPTIVELY USED FOR STOCK WATERING PURPOSES AT THE RATE OF 30 GALLONS PER DAY PER ANIMAL UNIT. ANIMAL UNITS SHALL BE BASED ON REASONABLE CARRYING CAPACITY AND HISTORICAL USE OF THE AREA SERVICED BY THIS WATER SOURCE. Source Name: SPRING, UNNAMED TRIBUTARY OF PORCUPINE CREEK GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SENENW 34 2S 38E BIG HORN Sec 34 Twp 2S Rge 38E County BIG HORN Period of Diversion: MAY 1 TO NOVEMBER 30 Diversion Means: DEVELOPED SPRING MAY 1 TO NOVEMBER 30 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SENENW Remarks: THIS WATER RIGHT IS LOCATED, IN WHOLE OR IN PART, WITHIN THE BOUNDARY OF THE CROW INDIAN RESERVATION. February 6, 2023 42A 182501-00 Page 2 of 2 Post Decree Abstract IN THE CASE OF ANY SHORTAGES, THIS WATER RIGHT AND THE NORTHERN CHEYENNE TRIBAL WATER RIGHT IN ARTICLE II.A.3 OF THE NORTHERN CHEYENNE-MONTANA COMPACT, 85-20-301 MCA, SHALL REDUCE WATER USAGE IN THE SAME MANNER AS WATER USAGE IS REDUCED UNDER THE CROW-MONTANA WATER RIGHTS COMPACT, 85-20-901 MCA. THIS AGREEMENT TO REDUCE WATER USAGE DOES NOT GIVE ANY PARTY THE RIGHT TO ENTER ONTO PRIVATE LANDS TO OBTAIN OR DEMAND WATER. ONLY THE WATER RIGHT OWNER HAS THE AUTHORITY TO USE THIS WATER RIGHT. February 6, 2023 42A 182506-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROSEBUD CREEK BASIN 42A Water Right Number: 42A 182506-00 Version: RESERVED CLAIM 2 -- POST DECREE Status: Owners: DISMISSED HAMMOND BYPASS TRUST HAMMOND, GEORGE J TRUSTEE PO BOX 363 HARDIN, MT 59034 GEORGE J HAMMOND PO BOX 363 HARDIN, MT 59034 Priority Date: Type of Historical Right: Purpose (use): STOCK Flow Rate: Volume: Source Name: Source Type: GROUNDWATER GROUNDWATER Point of Diversion and Means of Diversion: Period of Use: Place of Use: Remarks: THIS CLAIM WAS DISMISSED BY ORDER OF THE WATER COURT. February 6, 2023 42A 182509-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROSEBUD CREEK BASIN 42A 42A 182509-00 Water Right Number: Version: RESERVED CLAIM 2 -- POST DECREE ACTIVE Status: HAMMOND BYPASS TRUST Owners: HAMMOND, GEORGE J TRUSTEE PO BOX 363 HARDIN, MT 59034 Priority Date: MAY 7, 1868 Type of Historical Right: RESERVED THIS WATER RIGHT IS A WALTON RIGHT. THIS WATER RIGHT IS NOT PART OF THE TRIBAL WATER RIGHT AS DEFINED IN THE CROW COMPACT. Purpose (use): STOCK Flow Rate: 3.00 GPM Volume: THIS RIGHT INCLUDES THE AMOUNT OF WATER CONSUMPTIVELY USED FOR STOCK WATERING PURPOSES AT THE RATE OF 30 GALLONS PER DAY PER ANIMAL UNIT. ANIMAL UNITS SHALL BE BASED ON REASONABLE CARRYING CAPACITY AND HISTORICAL USE OF THE AREA SERVICED BY THIS WATER SOURCE. Source Name: GROUNDWATER GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SESWNW 10 3S 38E BIG HORN Sec 10 Twp 3S Rge 38E County BIG HORN Period of Diversion: MAY 1 TO NOVEMBER 30 Diversion Means: WELL MAY 1 TO NOVEMBER 30 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SESWNW Remarks: THIS WATER RIGHT IS LOCATED, IN WHOLE OR IN PART, WITHIN THE BOUNDARY OF THE CROW INDIAN RESERVATION. IN THE CASE OF ANY SHORTAGES, THIS WATER RIGHT AND THE NORTHERN CHEYENNE TRIBAL WATER RIGHT IN ARTICLE II.A.3 OF THE NORTHERN CHEYENNE-MONTANA COMPACT, 85-20-301 MCA, SHALL REDUCE WATER USAGE IN THE SAME MANNER AS WATER USAGE IS REDUCED UNDER THE CROW-MONTANA WATER RIGHTS COMPACT, 85-20-901 MCA. THIS AGREEMENT TO REDUCE WATER USAGE DOES NOT GIVE ANY PARTY THE RIGHT TO ENTER ONTO PRIVATE LANDS TO OBTAIN OR DEMAND WATER. ONLY THE WATER RIGHT OWNER HAS THE AUTHORITY TO USE THIS WATER RIGHT. February 6, 2023 42A 182511-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROSEBUD CREEK BASIN 42A 42A 182511-00 Water Right Number: Version: RESERVED CLAIM 2 -- POST DECREE Status: ACTIVE HAMMOND BYPASS TRUST Owners: HAMMOND, GEORGE J TRUSTEE PO BOX 363 HARDIN, MT 59034 Priority Date: MAY 7, 1868 Type of Historical Right: RESERVED THIS WATER RIGHT IS A WALTON RIGHT. THIS WATER RIGHT IS NOT PART OF THE TRIBAL WATER RIGHT AS DEFINED IN THE CROW COMPACT. Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED BECAUSE THIS USE CONSISTS OF STOCK DRINKING DIRECTLY FROM THE SOURCE, OR FROM A DITCH SYSTEM. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. Volume: THIS RIGHT INCLUDES THE AMOUNT OF WATER CONSUMPTIVELY USED FOR STOCK WATERING PURPOSES AT THE RATE OF 30 GALLONS PER DAY PER ANIMAL UNIT. ANIMAL UNITS SHALL BE BASED ON REASONABLE CARRYING CAPACITY AND HISTORICAL USE OF THE AREA SERVICED BY THIS WATER SOURCE. Source Name: SPRING, UNNAMED TRIBUTARY OF PORCUPINE CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Period of Diversion: Qtr Sec Sec Twp Rge County SWSESW 3 3S 38E BIG HORN Twp 3S Rge 38E County BIG HORN MAY 1 TO NOVEMBER 30 LIVESTOCK DIRECT FROM SOURCE Diversion Means: MAY 1 TO NOVEMBER 30 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SWSESW Sec 3 Remarks: THIS WATER RIGHT IS LOCATED, IN WHOLE OR IN PART, WITHIN THE BOUNDARY OF THE CROW INDIAN RESERVATION. IN THE CASE OF ANY SHORTAGES, THIS WATER RIGHT AND THE NORTHERN CHEYENNE TRIBAL WATER RIGHT IN ARTICLE II.A.3 OF THE NORTHERN CHEYENNE-MONTANA COMPACT, 85-20-301 MCA, SHALL REDUCE WATER USAGE IN THE SAME MANNER AS WATER USAGE IS REDUCED UNDER THE CROW-MONTANA WATER RIGHTS COMPACT, 85-20-901 MCA. THIS AGREEMENT TO REDUCE WATER USAGE DOES NOT GIVE ANY PARTY THE RIGHT TO ENTER ONTO PRIVATE LANDS TO OBTAIN OR DEMAND WATER. ONLY THE WATER RIGHT OWNER HAS THE AUTHORITY TO USE THIS WATER RIGHT. February 6, 2023 42A 182514-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM ROSEBUD CREEK BASIN 42A 42A 182514-00 Water Right Number: Version: RESERVED CLAIM 2 -- POST DECREE Status: ACTIVE HAMMOND BYPASS TRUST Owners: HAMMOND, GEORGE J TRUSTEE PO BOX 363 HARDIN, MT 59034 Priority Date: MAY 7, 1868 Type of Historical Right: RESERVED THIS WATER RIGHT IS A WALTON RIGHT. THIS WATER RIGHT IS NOT PART OF THE TRIBAL WATER RIGHT AS DEFINED IN THE CROW COMPACT. Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED BECAUSE THIS USE CONSISTS OF STOCK DRINKING DIRECTLY FROM THE SOURCE, OR FROM A DITCH SYSTEM. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. Volume: THIS RIGHT INCLUDES THE AMOUNT OF WATER CONSUMPTIVELY USED FOR STOCK WATERING PURPOSES AT THE RATE OF 30 GALLONS PER DAY PER ANIMAL UNIT. ANIMAL UNITS SHALL BE BASED ON REASONABLE CARRYING CAPACITY AND HISTORICAL USE OF THE AREA SERVICED BY THIS WATER SOURCE. Source Name: SPRING, UNNAMED TRIBUTARY OF DRY FORK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Period of Diversion: Qtr Sec Sec Twp Rge County NWNWNW 15 3S 38E BIG HORN Twp 3S Rge 38E County BIG HORN MAY 1 TO NOVEMBER 30 LIVESTOCK DIRECT FROM SOURCE Diversion Means: MAY 1 TO NOVEMBER 30 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NWNWNW Sec 15 Remarks: THIS WATER RIGHT IS LOCATED, IN WHOLE OR IN PART, WITHIN THE BOUNDARY OF THE CROW INDIAN RESERVATION. IN THE CASE OF ANY SHORTAGES, THIS WATER RIGHT AND THE NORTHERN CHEYENNE TRIBAL WATER RIGHT IN ARTICLE II.A.3 OF THE NORTHERN CHEYENNE-MONTANA COMPACT, 85-20-301 MCA, SHALL REDUCE WATER USAGE IN THE SAME MANNER AS WATER USAGE IS REDUCED UNDER THE CROW-MONTANA WATER RIGHTS COMPACT, 85-20-901 MCA. THIS AGREEMENT TO REDUCE WATER USAGE DOES NOT GIVE ANY PARTY THE RIGHT TO ENTER ONTO PRIVATE LANDS TO OBTAIN OR DEMAND WATER. ONLY THE WATER RIGHT OWNER HAS THE AUTHORITY TO USE THIS WATER RIGHT.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.