Dorinda H. Troutman; Theodore N. Troutman; Theresa Troutman; Christopher Magee; William D. Plummer, Kay S. Cassens; United States of America (Bureau of Reclamation)
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FILED 02/28/2023 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 76HA-0175-P-2017 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 (406) 586-4364 1-800-624-3270 watercourt@mt.gov Stern, Anika 41.00 IN THE WATER COURT OF THE STATE OF MONTANA CLARK FORK DIVISION MAINSTEM BITTERROOT RIVER AND EAST SIDE SUBBASIN (76HA) ******************* CLAIMANTS: Dorinda H. Troutman; Theodore N. Troutman; Theresa Troutman; Christopher Magee; William D. Plummer OBJECTORS: Kay S. Cassens; United States of America (Bureau of Reclamation) CASE 76HA-0175-P-2017 76H 99725-00 76H 99726-00 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. 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 FINDINGS OF FACT 1. The record owners of claims 76H 99725-00 and 76H 99726-00 are Christopher Magee, William D. Plummer, Dorinda H. Troutman, Theodore N. Troutman, and Theresa Troutman. 1 2. Claims 76H 99725-00 and 76H 99726-00 were decreed with DNRC issue remarks: 76H 99725-00: THE CLAIMED CONVEYANCE DITCH CANNOT BE IDENTIFIED FROM AVAILABLE DATA. FLOW RATE MAY REQUIRE MODIFICATION RA0 •PD ON RESOLUTION OF MAXIMUM ACRES ISSUE. ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS.AS OF 01/24/1995.A PORTION OF THE PROPERTY ON WHICH THIS WATER RIGHT IS USED APPEARS TO BE OWNED BY KAY CASSENS. ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS.AS OF 11/28/2007. A PORTION OF THE PROPERTY ON WHICH THIS WATER RIGHT IS USED APPEARS TO BE OWNED BY THEODORE AND DORINDA TROUTMAN. THE CLAIMED POINT OF DIVERSION MAY BE INCOMPLETE. IT APPEARS THERE SHOULD BE ADDITIONAL POINTS OF DIVERSION ON BIRCH CREEK WHICH COULD NOT BE IDENTIFIED FROM INFORMATION IN THE CLAIM FILE. THE FtAVALLI COUNTY WATER RESOURCES SURVEY( 1958)APPEARS TO INDICATE 0.00 ACRES IRRIGATED. USDA AERIAL PHOTOGRAPH NO(S). 179-142. DATED 08102/1979. APPEARS TO INDICATE 0.00 ACRES IRRIGATED. 76H 99726-00: ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS.AS OF 01119/1099.A PORTION OF THE PROPERTY ON WHICH THIS WATER RIGHT IS USED APPEARS TO BE OWNED BY KENNETH AVERY SMITH. ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS,AS OF 11/28/2007.A PORTION OF THE PROPERTY ON WHICH THIS WATER RIGHT IS USED APPEARS TO BE OWNED BY KAY S.CACSENS AND K S. raccpNS. TRUSTEE. ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS. AS OF 11/28/2007.A PORTION OF THE PROPERTY ON WHICH THIS WATER RIGHT IS USED APPEARS TO BE OWNED BY THEODORE AND DORINDA TROUTMAN. 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. USDA AERIAL PHOTOGRAPH NO. 179-142 DATED 050211970 APPEARS TO INDICATE 13.00 ACRES IRRIGATED.A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. THE CLAIMED VOLUME APPEARS TO BE EXCESSIVE FOR THE CLAIMED PURPOSE. THE CLAIMED VOLUME EQUALS 323.0 TIMES THE CAPACITY OF THE RESERVOIR. VOLUME MAY REQUIRE MODIFICATION BASED ON RESOLUTION OF MAXIMUM ACRES ISSUE 3. Kay Cassens objected to claims 76H 99725-00 and 76H 99726-00; the Objections were withdrawn on March 26, 2018. The United States of America (Bureau of Bureau of Reclamation) objected to claim 76H 99725-00. Claim 76H 99725-00: 4. On September 20, 2022, the Bureau of Reclamation file a Motion for Summary Judgment arguing that claim 76H 99725-00 does not represent a valid right. On November 14, 2022, this Master issued an Order Granting Motion for Summary Judgment. The Order stated: The Bureau of Reclamation’s undisputed facts demonstrate that claim 76H 9972500 has been abandoned and or was never perfected for irrigation use. Claimants’ admissions and the evidentiary record establish continuous non-use of the claim since 1955, a period of non-use sufficient to give rise to a presumption of abandonment and shifting the burden to the Claimants to explain the non-use. 2 Claimants cannot meet that burden because Claimants have not disclosed or produced any relevant evidence during discovery. Accordingly, Claimants cannot meet their obligation to “set out specific facts showing a genuine issue for trial,” Mont. R. Civ. P. 56(e), based on “material and substantial evidence.” Clark v. Eagle Sys., Inc., 279 Mont. 279, 283 (Mont. 1996). Claim 76H 99726-00: 5. The Claimants were ordered to meet with the DNRC to address the following unresolved issue remarks decreed on claim 76H 99726-00: USDA AERIAL PHOTOGRAPH NO. 179-142. DATED 08/02/1979 APPEARS TO INDICATE 13.00 ACRES IRRIGATED.A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. THE CLAIMED VOLUME APPEARS TO BE EXCESSIVE FOR THE CLAIMED PURPOSE. THE CLAIMED VOLUME EQUALS 323.0 TIMES THE CAPACITY OF THE RESERVOIR. VOLUME MAY REQUIRE MODIFICATION BASED ON RESOLUTION OF MAXIMUM ACRES ISSUE. 6. On January 6, 2023, DNRC Water Resource Specialists Kimberly Brown and Garrett Musso (Brown and Musso) filed a Memorandum, a copy is attached. The Memorandum stated Brown and Musso were not contacted by the Claimants; nevertheless, they made recommendations for the disposition of the issue remarks. Brown and Musso indicated they reviewed the claim 76H 99726-00 file, a form GW4, and aerial photographs to prepare the Memorandum. Brown and Musso stated the following regarding the place of use/irrigated acres: This water right claim is for 89.0 acres ofsprinkler irrigation from a manmade pit. During initial examination of the claimed place of use,DNRC concluded that USDA aerial photograph #179-142 indicates 13.0 acres of irrigation in 1979, which resulted in an issue remark being added to this claim.(The Ravalli County Water Resources Survey could not be used as a second data source to determine historical irrigation since the survey was completed in 1958 and the date of first use for this claim is 1963.) Yct, a 1964 aerial photo from the Missoula Regional Office can be used as a second data source, and it confirms that only the examined 13.0 acres, out of89 claimed, were historically irrigated (see attached 1964 aerial photograph). I lowever, DNRC was unable to verify that the 5.0 acres claimed in the SWNE of Section 12, of the 13 examined, were irrigated by sprinklers fed by the manmade pit located in the SENESW of Section 12. It appears these 5 acres are only flood irrigated from the Bitterroot Irrigation District (BRID)canal, which runs directly along their eastern border. The attached 1955 Water Resources Survey aerial photograph clearly shows lateral striations that indicate flood irrigation from the GRID canal occurred on the SWNE of Section 12 before the sump for this water right was dug in 1963.The attached 1964 and 1979 aerial photographs display the same laterals as the I955 aerial photograph that indicate flood irrigation from the canal. It appears there was no change in the method of irrigation from 1955 to 1979. For this reason, it appears the source claimed for water right 76H 99726-00 was not utilized to irrigate the 5 acres in the SWNE of Section 12. 3 Furthermore,there is no evidence that water is conveyed from the pit, located in the SENE.SW of Section 12, to the SWNE ofSection 12. The claim file contains no information regarding a means ofconveyance, which would be necessary to utilize the water in the SWNE of Section 12. Therefore, while the SWNE of Section 12 does appear irrigated, it is unlikely that it is irrigated from the source on which this claim is based. Only the 8.0 acres in the NESW of Section 12 appear irrigated from the pit. Brown and Musso recommended the place of use be reduced, as follows: Pbce of Use: Otr Sec SASE Sec an nn RAMS= II? 7N net RAVALU- 4:80 NESW 12 7N 20W RAVALU Acres 41100 —1 Govt Lot 1S &e. Cotu 20W—RAVALU s2 4 BLOCK-8 3 8.00 Sobikeisica: Total: MOUNTAIN VIEW ORCHARDS TRACT/LOT: 3 BLOCK:8 %keel8.00 A map showing the recommended place of use was attached to the Memorandum and is included with the Memorandum attached to this Report. Brown and Musso recommended the reservoir measurements be modified consistent with the form G4 (Declaration of Vested Groundwater Rights Form): Diversion to Reservoir: DIVERSION * 1 Dam Height: 10.00 FEET 4124-ACRES Surface Area: 0.11 Capacity: 0.57 4720-ACRE-FEU And Brown and Musso recommended the volume of claim 76H 99726-00 be reduced from 366.00 AC-FT to 1.14 AC-FT, based on the capacity of the reservoir. 7. On January 9, 2023, an Order was issued setting a deadline for the Claimants to file statements agreeing or disagreeing with the changes recommended by the DNRC by February 16, 2023. The Order indicated that if nothing were filed by the February 16, 2023 deadline, this Water Mater would conclude the Claimants agree with the recommended changes to claim 76H 99726-00. 8. The January 9, 2023 Order also identified Kenneth Smith as a potential co- owner of claim 76H 99726-00 and it notified Kenneth Smith of his potential interest in the claim. The Order set a February 10, 2023 deadline for Kenneth Smith to update ownership or this Water Master would conclude Kenneth Smith did not intend to pursue ownership in claim 76H 99726-00. Additionally, the January 9, 2023 Order indicated that if Kenneth Smith intended to file an ownership update, he should file a statement agreeing or disagreeing the changes recommended by the DNRC by February 16, 2023. The Order indicated that if 4 nothing were filed by the deadline, this Water Master would conclude Kenneth Smith agrees with the proposed changes. On February 13, 2023, Garrett Musso sent an email to this Water Master: From: Musso,Garrett cGarrett.Musso20mtgov> Sent Monday,February 13,202311:02 AM To: Stern, Anika castern@mtgov> Subject CASE 76HA-0175-P-2017 Dear Water Master Stern: The purpose ofthis email is to provide an update on case 7611A-0175-r-2017. In your order, you set a deadline of February 10,2022 for Kenneth Smith to contact the UNRC and to file an ownership update if he has an interest in statement ofclaim 761199726-00. I wanted to inform you that Mr. Smith called me on January 30th to and to let me know that he has an interest in the claim, and to ask how to file the ownership update; he is currently in Arizona. Today(February,13th), Mr. Smith contacted me again to make sure he had everything properly documented,and is mailing the ownership update form with the fee to the Missoula Regional Office today. Best, Garrett Musso Water Rights Adjudication Specialist Department of Natural Resources & Conservalion Water Resources Division As of the drafting of this Order (on February 21, 2023) no ownership update has been recorded in the DNRC database for Kenneth Smith as to claim 76H 99726-00. 9. The following language was included in the January 9, 2023 Order: Failure to comply with the terms of this Order may result in sanctions, up to and including entry of default and termination of a water right claim or dismissal of objections. Rule 22, W.R.Adj.R. Nothing was filed by the deadline. CONCLUSIONS OF LAW 1. The Water Court is required to address all issue remarks that appear on a claim as well as any objections the claim receives. Sections 85-2-233, 85-2-247, and 852-248, MCA. 2. A properly filed Statement of Claim for an existing water right is prima facie proof of its content. Section 85-2-227, MCA. This prima facie validity may be overcome by evidence showing that one or more elements of the claim are incorrect. This standard of proof applies to objectors or claimants objecting to their own water right claims. Rule 19, W.R.Adj.R., Nelson v. Brooks, 2014 MT 120; 375 Mont.86, 95; 329 P.3d 558, 564. 5 3. Pursuant to Rule 22, W.R.Adj.R., if a claimant, objector, or intervenor fails to appear at a scheduled conference or hearing or fails to comply with an order issued by the Water Court, the Water Court may issue such orders of sanction with regard thereto as are just. 4. The period of diversion issue remark decreed on claim 76H 99726-00 is a notice-type issue remark. As the Objection has been resolved, no further proceedings are required. RECOMMENDATIONS 1. Pursuant to the November 14, 2022 Order Granting Motion for Summary Judgment, claim 76H 99725-00 should be dismissed. 2. Claim 76H 99726-00 should be modified as described in the Findings of 3. The issue remarks should be removed from claim 76H 99726-00. Facts. Post Decree Abstracts of Water Right Claims are served with the Report for review. ELECTRONICALLY SIGNED AND DATED BELOW. 6 Electronically Signed By: Hon. Judge Anika Stern Tue, Feb 28 2023 11:46:55 AM Service via USPS Mail: William D. Plummer 1074 Birch Creek Loop Corvallis, MT 59828-9547 406-961-4014 Toplums@Wildbloe.Net Christopher Magee 296 Mather St Apt #6 Oakland, CA 94611 406-396-8847 Planetwentworth@Gmail.Com Dorinda H. Troutman Theodore N. Troutman PO Box 174 Hamilton, MT 59840 (406) 363-1806 dorindatroutman@centurylink.net Theresa Troutman 1725 Stoddard St. Missoula, MT 59802 Kenneth Avery Smith PO Box 893 Corvallis, MT 59828-0893 (Potential Owner) Service via Electronic Mail: David T. Markette Megan Winderl Markette & Chouinard PC PO Box 515 Hamilton, MT 59840-0515 (406) 363-1110 davidm@mcpcattorneys.com receptionist@mcpcattorneys.com Judith E. Coleman Trial Attorney US Dept of Justice, ENRD-NRS PO Box 7611 Washington, DC 20044-7611 (202) 514-3553 judith.coleman@usdoj.gov MontanaBasins.ENRD@USDOJ.GOV \\judgalh2osrv\Datavol\Share\WC-BASIN FOLDERS\76HA\Cases\76HA-175\76HA-0175-P-2017 MR 2.22.23.docx 7 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION MISSOULA WATER RESOURCES REGIONAL OFFICE GREG GIANFORTE GOVERNOR 2705 SPURGIN ROAD,BLDG. C, P.O. BOX 5004 STATE OF VO\TA\A (406) 721-4284 FAX (406) 542-5899 MISSOULA, MONTANA 59806-5004 ELECTRONICALLY FILED MEMORANDUM 76HA-0175-P-2017 January 6, 2023 DATE: January 6, 2023 CASE HEADING: 76HA-0175-P-2017 CLAIM NUMBER: 76H 99726-00 Montana Water Court TO: Anika Stern, Water Master FROM: Kimberly Brown, Water Resource Specialist Garrett Musso, Water Resource Specialist CLAIMANT(S): Dorinda H. Troutman, Theodore N. Troutman, Theresa Troutman, Christopher Magee, William D. Plummer OBJECTOR(S): Kay Cassens, United States of America (Bureau of Reclamation) INTRODUCTION: Per the Water Court, the claimants were ordered to make an appointment to confer with the DNRC no later than December 2, 2022 and to submit documents by December 16, 2022 to resolve the place of use and volume issue remarks on this claim. As of this date, none of the claimants have contacted DNRC or submitted any documents to resolve the issues. MATERIALS REVIEWED: Information in water right 76H 99726-00 scanned claim file Declaration of Vested Groundwater Rights(Form GW4) .> USDA-FS Aerial Photo #CNR-2DD-136, dated 07/26/1964 Water Resources Survey Aerial Photo #CNR-3P-2A, dated 08/01/1955 USDA Aerial Photo #179-142, dated 08/02/1979 1 "AN EQUAL OPPORTUNITY EMPLOYER" DISCUSSION: This water right claim is for 89.0 acres of sprinkler irrigation from a manmade pit. During initial examination of the claimed place of use, DNRC concluded that USDA aerial photograph #179-142 indicates 13.0 acres of irrigation in 1979, which resulted in an issue remark being added to this claim.(The Ravalli County Water Resources Survey could not be used as a second data source to determine historical irrigation since the survey was completed in 1958 and the date of first use for this claim is 1963.) Yet, a 1964 aerial photo from the Missoula Regional Office can be used as a second data source, and it confirms that only the examined 13.0 acres, out of 89 claimed, were historically irrigated (see attached 1964 aerial photograph). However, DNRC was unable to verify that the 5.0 acres claimed in the SWNE of Section 12, of the 13 examined, were irrigated by sprinklers fed by the manmade pit located in the SENESW of Section 12. It appears these 5 acres are only flood irrigated from the Bitterroot Irrigation District (BRID)canal, which runs directly along their eastern border. The attached 1955 Water Resources Survey aerial photograph clearly shows lateral striations that indicate flood irrigation from the BRID canal occurred on the SWNE of Section 12 before the sump for this water right was dug in 1963.The attached 1964 and 1979 aerial photographs display the same laterals as the 1955 aerial photograph that indicate flood irrigation from the canal. It appears there was no change in the method of irrigation from 1955 to 1979. For this reason, it appears the source claimed for water right 76H 99726-00 was not utilized to irrigate the 5 acres in the SWNE of Section 12. Furthermore, there is no evidence that water is conveyed from the pit, located in the SENESW of Section 12, to the SWNE of Section 12. The claim file contains no information regarding a means of conveyance, which would be necessary to utilize the water in the SWNE of Section 12. Therefore, while the SWNE of Section 12 does appear irrigated, it is unlikely that it is irrigated from the source on which this claim is based. Only the 8.0 acres in the NESW of Section 12 appear irrigated from the pit. Given the recommended acreage, the standard volume for irrigating 8.0 acres should be calculated as follows, to resolve the V55 issue remark: (acres) x (Climatic Area Volume Value) = Volume (AF) 8.0 acres x 10.2 (Climatic Area II) = 81.6 acre-feet(AF) To address the V40 volume issue remark, DNRC was unable to visually locate the manmade pit on any aerial photographs to determine its dimensions. A Declaration of Vested Groundwater Rights(Form GW4)filed by Elmer Phipps in 1963 contains detailed information regarding the pit. Item 9 on the attached GW4 describes the historic dimensions of the pit, which can be used to calculate its capacity using the following standard equation: 2 (length in feet) x (width in feet) x (depth in feet) x(0.5) 43,560 = Capacity(AF) (100 ft) x(50 ft) x(10 ft) x(0.5) 43,560 = 0.57AF The claimed volume of 366 AF is 642 times the capacity of the reservoir, according to our calculations. The standard volume for this climatic area would be 81.6 AF, which is still 143 times the capacity of the reservoir. It does not appear that the claimed volume, nor the standard volume, is feasible given the dimensions of the pit pertinent to this claim. Since the claimants never contacted DNRC,the DNRC is left to rely on available information to determine the feasibility for the volume of this claim. Chapter VII, Section C of the Water Rights Claim Examination Manual states that "when the claimed volume is greater than 15 AF and exceeds the above [climatic area] values or is greater than 2 times the capacity of the reservoir," a volume issue remark must be attached to the claim. Rule 15(h).5.ii. of the Supreme Court Water Right Claim Examination Rules states that a volume remark is required if"the claimed volume to be decreed is greater than two times the capacity of the reservoir or exceeds a reasonable number of fills." Therefore, for the V40 issue remark on this claim to be resolved, the volume of this claim cannot exceed 1.14 AF, which is 2 times the capacity of the reservoir. RECOMMENDATIONS: DNRC could not find any evidence to support the feasibility of irrigating the SWNE of Section 12 from the claimed source. Therefore, DNRC recommends that the maximum acres and place of use be changed to the following, and that the P272 place of use issue remark be removed from this claim, as it is resolved: 8.0 acres NE / 1 4 SW / 1 4 SEC 12 TO7N R2OW RAVALLI = 8.0 Maximum Acres (see attached DNRC Map) NOTE: Based on this recommendation, the only valid geocode on this water right should be: 13-1565-12-1-01-12-0000; which is owned by Kenneth Smith. Based on the standard calculation for pit volume and the feasibility check, DNRC recommends the volume be changed to a value < 1.14 AF to resolve the V40 issue remark. This also resolves the V55 issue remark. Both of the volume issue remarks should be removed from this claim. Per the GW4 Filing and the calculations above, the Capacity of the pit should also be changed to 0.57 acre-feet, the Surface Area should be changed to 0.11 acres, and the R56 reservoir remark should be removed from this claim, as it is no longer applicable. 3 ENCLOSURES: USDA-FS Aerial Photo #CNR-2DD-136, dated 07/26/1964 Ravalli County Water Resources Survey Aerial Photo #CNR-3P-2A, dated 08/01/1955 USDA Aerial Photo #179-142, dated 08/02/1979 Declaration of Vested Groundwater Rights(Form GW4) DNRC Recommended Place of Use Map Draft Abstract SIGNED By: 11;-JO exCLA Kimberly Brown, Water l'esource Specialist 406-542-5882 kbrown3@mt.gov Y7A3-w-In.„ By: G lusso, Water R ource Specialist 406-542-8888 garrett.musso2@mt.gov REVIEWED 4 By: Jim Nave, Miss la Regi nal Manager Service via USPS Mail: William D. Plummer 1074 Birch Creek Loop Corvallis, MT 59828-9547 Christopher Magee 296 Mather St Apt #6 Oakland, CA 94611 Dorinda H. Troutman Theodore N. Troutman PO Box 174 Hamilton, MT 59840 January 6, 2023 January 6, 2023 January 6, 2023 Service via Electronic Mail: David T. Markette Megan Winderl Markette & Chouinard PC PO Box 515 Hamilton, MT 59840-0515 davidm@mcpcattorneys.com receptionist@mcpcattorneys.com Judith E. Coleman Trial Attorney US Dept of Justice, ENRD-NRS PO Box 7611 Washington, DC 20044-7611 judith.coleman cCeusdoj.gov MontanaBasins.ENRD@USD0J.GOV 4 Service via USPS Mail: Theresa Troutman 1725 Stoddard St Missoula, MT 59802 Anika Stern, Water Master Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 5 T74' 11 - 3R — 27 Alt £&i 6 2P-I6 1 Illitt40Pv Am; _3 - 29 - HiVf4jiro • 4'.77!PIT.77„,-.,_,.Tr-77-7771kair7 ' ---it acwr-• ' • • . File No., •• ORIGINAL , T 99726 7 N. 20 W. R Ravalli County STATE OF MONTANA ADMINISTRATOR OF GROUNDWATER CODE OFFICE OF STATE ENGINEER Declaration of Vested Groundwater Bights (Under Chapter 237, Montana Session Laws, 1961) 'I. Elmer Phipps and Sadie B. Phipps (Name of Appropriator) ,ot CorvelliA, 4ontan4 (Address) (Town) County of Romani, State of Montana, have appropriated groundwater according to the Montana Iowa in ,effect prior to January 1, 1962, as follows: N w 2. 'The beneficial use on which the claim is'based irrigation and stock water 3. Date or approximate date of earliest beneficial use:: and how continuous the use has been. Aug. • 31, 1963 and continuous thereafter 4. The amount of groundwater claimed (in m'iner's inches or ‘gal-,%, 40 inqkleq. Ions per minute) -. 5. If used for irrigation, give the acreage 'and description of the lands to which .water has been applied and name of the owner .. thereof SWAM., NW1 / 45E/ 1 4,..,.TAQ.t...3.;.:DIA.. 6.4. Mtn. View Qrcharsi • 6. The means of withdrawing such water'fronilhe gr location of each well or other moans of with'draWali E Lots 3 & 4 Block 8, Mtn. View Orchards • NE / 1 4.SASecl.1.2.. T... W. Indicate point—of appropriation and place of use, if possible. Each small square represents 10 acres. 7. • •, and the"''" The date of commencement and completion of the construction of the well, wells, or other works for with=. drawal of groundwater .. • , , 9. The depth of water table 9. So far as it may be available, the type, size and depth of each well-or the general specifibatione'of any . other works for' the withdrawal of groundwater - • Sump 10 ft. deep and 50 feet x-.10.—fPet.in....length.and_breAdtb. 6 .f.t.. 10. The estimated'.arnount of groundwater withdrawn each year 11. The log of forniations encountered in thedrilling of each well if available Gravel with entire depth. 12. Such other information of a similar nature as may be useful In carrying out the policy•of this'act, inducting reference to book and:page of, any county record Signature of Owner Dr4e 9,...:.e9.4-3 . Three copies to be filed by the owner with the County Clerk, and Recorder of the county in which the well: is id. • cated. Please answer all questions. If not applicable, so slate, otherwise the form 'will be' returned. Original to the County Clerk and Recorder; duplicate to the State Engineer; Triplicate to the and Quadruplicate for the Appropriator. • • School of Mines • STATE OF MONTANA ) so. County of Ravalli Elmer•Phipps and ,say --that Sadie B. Phipps having first been duly sworn, depose --and the y 'are of lawful age and ' the appropriators of the order and water right mentioned in the foregoing declaration and claimant S whose name of vested groundwater rights and the person S and claimant .s as the appropriator S , that a are subscribed thereto, the Yknow ---- the contents ln s . ated are true. of said foregaing notice and that the matters and things ft:eel ./ dr ° / 46' Subscribed and sworn to before me, this r da of 5.epte z , delirtg—gt Notary Public for the State. of Montana, Residing at My Commission expires 1 an • . a. • a • a. • ai Q , 8 , Ct. 0 (11 ••••• . ii .4 , Mcaltapa. ..... 19.4*.Y. • — raf '?":4 Department of Natural Resources and Conservation Map for Case 76HA-175-P-2017 Memorandum Water Right No: 76H 99726-00 Section, Township, Range, County: Sec.12, TO7N, R2OW; Ravalli County Photo #: USDA Aerial Photo(s): 179-142 Total Acres: 8.0 Acres • Point of Diversion Place of Use 0 0.2 I I I 0.4 I 0.8 Miles i MONI AN fly RC • January 6, 2023 76H 99726-00 DRNFT Page 1 of 3 Review Abstract REVIEW ABSTRACT OF WATER RIGHT CLAIM IMPORTANT NOTICE AN ASTERISK(*) HAS BEEN PLACED NEXT TO EACH ITEM CHANGED IN ACCORDANCE WITH THE SUPREME COURT RULES GOVERNING THE EXAMINATION OF THIS CLAIM. Water Right Number: 76H 99726-00 Version: STATEMENT OF CLAIM 1 -- ORIGINAL RIGHT Status: Owners: ACTIVE CHRISTOPHER MAGEE 296 MATHER ST APT #6 OAKLAND, CA 94611 WILLIAM D PLUMMER 1074 BIRCH CREEK LOOP CORVALLIS, MT 59828-9547 DORINDA H TROUTMAN PO BOX 174 HAMILTON, MT 59840-0174 THEODORE N TROUTMAN PO BOX 174 HAMILTON, MT 59840-0174 THERESA TROUTMAN 1725 STODDARD ST MISSOULA, MT 59802 ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS, AS OF 11/28/2007 , A PORTION OF THE PROPERTY ON WHICH THIS WATER RIGHT IS USED APPEARS TO BE OWNED BY KAY S. CASSENS AND K. S. CASSENS, TRUSTEE. ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS, AS OF 01/19/1999 A PORTION OF THE PROPERTY ON WHICH THIS WATER RIGHT IS USED APPEARS TO BE OWNED BY KENNETH AVERY SMITH. ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS, AS OF 11/28/2007 A PORTION OF THE PROPERTY ON WHICH THIS WATER RIGHT IS USED APPEARS TO BE OWNED BY THEODORE AND DORINDA TROUTMAN. OWNER DORINDA H TROUTMAN RETAINED. CONTRACT FOR DEED INTEREST. OWNER THEODORE N TROUTMAN RETAINED. CONTRACT FOR DEED INTEREST. Priority Date: AUGUST 31, 1963 Enforceable Priority Date: AUGUST 31, 1963 Type of Historical Right: FILED Purpose (use): Irrigation Type: IRRIGATION SPRINKLER Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. Volume: 36648•AC-FT January 5, 2023 76H 99726-00 Page 2 of 3 Review Abstract Climatic Area: 2 - MODERATELY HIGH TI IC CLAIMED VOLUME APPEARS TO BE EXCESSIVE FOR THE CLAIMED PURPOSE. THE CLAIMED VOLUME EQUALS 323.0 TIMES THE CAPACITY OF THE RESERVOIR. - Maximum Acres: VOLUME MAY REQUIRE MODIFICATION BASED ON RESOLUTION OF MAXIMUM ACRES ISSUE. —843019 Source Name: S.0 MANMADE PIT, UNNAMED TRIBUTARY OF BIRCH CREEK Source Type: SURFACE WATER Point of Diversion and Means of Diversion: ID 1 Govt Lot Qtr Sec SENESW Sec 12 Ty_pv 7N Rg_e 20W County RAVALLI Period of Diversion: APRIL 1 TO OCTOBER 1 Diversion Means: PIT Subdivision: MOUNTAIN VIEW ORCHARDS TRACT/LOT: 4 BLOCK: 8 PUMP IS SECONDARY MEANS OF DIVERSION. WATER FROM BIRCH CREEK IS DIVERTED BY MEANS OF A SUMP LOCATED ADJACENT TO THE SOURCE. Reservoir: ONSTREAM Govt Lot Diversion to Reservoir: Dam Height: Surface Area: Capacity: Qtr Sec SENESW DIVERSION # 1 Sec 12 Twp 7N Re 20W County RAVALLI 10.00 FEET OR —A.24ACRES 1.20 ACRE-FEET 01 157 THE SURFACE AREA HAS BEEN ESTIMATED BY DNRC. Period of Use: APRIL 1 to OCTOBER 1 Place of Use: ID 1 Acres 10.00 Subdivisiont 2 * 3 Govt Lot Total: Sec 12 Twp NWSE 12 7N Rye County 7N 20W RAVALLI MOUNTAIN VIEW ORCHARDS TRACT/LOT: 1 BLOCK: 8 10.00 8.0 —9799— Subdivision: Qtr Sec SWNE 20W RAVALLI NESW 12 7N 20W RAVALLI MOUNTAIN VIEW ORCHARDS TRACT/LOT: 3 BLOCK: 8 80.00 8.0 USDA AERIAL PHOTOrWA2W-111Q 179 14-2__PAT-g-clIAZ0911979 a pPc a. Remarks: .. •• A A PC Tr)/Ainirarc A February 23, 2023 76H 99725-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM BITTERROOT RIVER BASIN 76H Water Right Number: 76H 99725-00 Version: STATEMENT OF CLAIM 2 -- POST DECREE Status: Owners: DISMISSED WILLIAM D PLUMMER 1074 BIRCH CREEK LOOP CORVALLIS, MT 59828 9547 THEODORE N TROUTMAN PO BOX 174 HAMILTON, MT 59840 0174 DORINDA H TROUTMAN PO BOX 174 HAMILTON, MT 59840 0174 THERESA TROUTMAN 1725 STODDARD ST MISSOULA, MT 59802 CHRISTOPHER MAGEE 296 MATHER ST APT #6 OAKLAND, CA 94611 Priority Date: Type of Historical Right: Purpose (use): IRRIGATION Flow Rate: Volume: Source Name: Source Type: BIRCH CREEK SURFACE WATER 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 23, 2023 76H 99726-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM BITTERROOT RIVER BASIN 76H Water Right Number: 76H 99726-00 Version: STATEMENT OF CLAIM 2 -- POST DECREE ACTIVE Status: Owners: WILLIAM D PLUMMER 1074 BIRCH CREEK LOOP CORVALLIS, MT 59828 9547 THEODORE N TROUTMAN PO BOX 174 HAMILTON, MT 59840 0174 DORINDA H TROUTMAN PO BOX 174 HAMILTON, MT 59840 0174 THERESA TROUTMAN 1725 STODDARD ST MISSOULA, MT 59802 CHRISTOPHER MAGEE 296 MATHER ST APT #6 OAKLAND, CA 94611 Priority Date: AUGUST 31, 1963 Type of Historical Right: FILED Purpose (use): IRRIGATION Irrigation Type: SPRINKLER Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. Volume: 1.14 AC-FT Climatic Area: 2 - MODERATELY HIGH Maximum Acres: 8.00 Source Name: MANMADE PIT, UNNAMED TRIBUTARY OF BIRCH CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge SENESW 12 7N 20W County RAVALLI Period of Diversion: APRIL 1 TO OCTOBER 1 Diversion Means: PIT Subdivision: MOUNTAIN VIEW ORCHARDS TRACT/LOT: 4 BLOCK: 8 WATER FROM BIRCH CREEK IS DIVERTED BY MEANS OF A SUMP LOCATED ADJACENT TO THE SOURCE. PUMP IS SECONDARY MEANS OF DIVERSION. February 23, 2023 76H 99726-00 Page 2 of 2 Post Decree Abstract ONSTREAM Reservoir: Govt Lot Qtr Sec SENESW Sec 12 Twp 7N Rge 20W County RAVALLI Sec 12 Twp 7N Rge 20W County RAVALLI Diversion to Reservoir: DIVERSION # 1 10.00 FEET Dam Height: Surface Area: 0.11 ACRES Capacity: 0.57 ACRE-FEET APRIL 1 TO OCTOBER 1 Period of Use: Place of Use: ID 1 Acres 8.00 Qtr Sec NESW MOUNTAIN VIEW ORCHARDS TRACT/LOT: 3 BLOCK: 8 Subdivision: Total: Govt Lot 8.00
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