The Glennie Ranches Inc.

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FILED 01/16/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 40A-0308-R-2022 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 (406) 586-4364 1-800-624-3270 watercourt@mt.gov Lockman, Melissa 12.00 IN THE WATER COURT OF THE STATE OF MONTANA LOWER MISSOURI DIVISION MUSSELSHELL RIVER ABOVE ROUNDUP BASIN (40A) PRELIMINARY DECREE ******************** CLAIMANT: The Glennie Ranches Inc. CASE 40A-0308-R-2022 40A 143297-00 40A 143299-00 40A 143300-00 40A 143301-00 40A 143302-00 40A 143303-00 40A 143304-00 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 The above-captioned claims appeared in the Preliminary Decree for the Musselshell River above Roundup (Basin 40A) issued on June 7, 2017. The claims are 1 owned by The Glennie Ranches, Inc. The claims did not receive objections, counterobjections, or notices of intent to appear but did receive issue remarks during the DNRC’s claims reexamination. Issue remarks are notations identifying potential legal or factual issues with water rights and the Water Court is required to resolve these potential issues. FINDINGS OF FACT 1. Claims 40A 143297-00, 40A 143299-00, 40A 143300-00, 40A 143301-00, 40A 143302-00, 40A 143303-00, and 40A 143304-00 are claims for flood irrigation from Agnes Creek and American Fork. 2. Claim 40A 143297-00 has points of diversion on Agnes Creek and American Fork. The remaining claims only have points of diversion on American Fork but do have an information remark stating that water diverted from American Fork is exchanged for water diverted from Agnes Creek. 3. The only issue remarks the claims received are related to their points of diversion. The claims received issue remarks as follows: 40A 143297-00 POINT OF DIVERSION NO. 1 APPEARS INCORRECT. THE ACTUAL LOC.ATION OF THE DIVERSION APPEARS TO BE IN THE NW NWNW SEC 23 TWP 8N RGE 13E WHE.ATLAND CO. IT APPEARS POINT OF DIVERSION NOS. 2 AND 3 COULD BE REFIN ED TO ME NWSENW AND THE NESWNW SEC 2T TWP 6N ROE t3E WHEATLAND CO. POINTS OF DIVERSION NOS. 4 AND 5 ARE IN QUESTIOM. THE LOCATION OF ME DITCHES CANNOT BE IDENTIFIED FROM AVAILABLE DATA. POINT OF DIVERSION NO. 8 APPEARS INCORRECT. THE ACTUAL LOCATION OF THE DNERSION APPEARS TO BE IN ME NESWNW SEC 20 TWP ON RGE 14E WHEATLAND CO. 40A 143299-00 POINT OF DIVERSION NO. 1 APPEARS INCORRECT. THE ACTUAL LOCATION OF THE DIVERSION APPEARS TO EE IN ME NWNWNW SEC 25 TWP 8N RGE 13E WHEATLAND CO. POINT OF DNERSION NO. 2 IS IN QUESTION. THE LOCATION OF ME DITCH CANNOT BE IDENTIFIED FROM AVAILABLE DATA. POINT OF DNERSION NO. 3 APPEARS INCORRECT. THE ACTUAL LOCATION OF THE DIVERSION APPEARS TO EE IN ME NESWNW SEC 20 TWP EIN RGE 14E WHEATLAND CO. 40A 143300-00 POINT OF DIVERSION NO. 1 APPEARS INCORRECT. ME ACTUAL LOCATION OF THE DIVERSION APPEARS TO EE IN THE NWNWNW SEC 25 TWP 8N RGE 13E WHEATLAND CO. POINT OF DIVERSION NO. 2 IS IN QUESTION. ME LOCATION OF THE DITCH CANNOT BE IDENTIFIED FROM AVAILABLE DATA. POINT OF DIVERSION NO. 3 APPEARS INCORRECT. ME ACTUAL LOCATION OF THE DIVERSION APPEARS TO EE IN THE NESWNW SEC 20 TWP 8N RGE 14E WHEATLAND CO. 2 40A 143301-00 POINT OF DIVERSION NO. 1 APPEARS INCORRECT. THE ACTUAL LOCATION OF THE DIVERSION APPEARS TO BE IN THE NWNWNW SEC 25 TWP 6N RG E 13E W HEATLAND CO. POINT OF DIVERSION NO. 215 IN QUESTION. THE LOCATION OF THE DITCH CANNOT BE IDENTIFIED FROM AVAILABLE DATA. POINT OF DIVERSION NO. 3 AP PEARS INCORRECT. THE ACTUAL LOCATION OF THE DIVERSION APPEARS TO BE IN THE NESWNW SEC 20 TWP 6N RGE 14E WHEATLAND CO. 40A 143302-00 POINT OF DIVERSION NO. 1 APPEARS INCORRECT. THE ACTUAL LOCATION OF THE DIVERSION APPEARS TO 8E IN THE NWNWNW SEC 25 TWP 8N RGE 13E WI-1EATLAND CO. POINT OF DIVERSION NO. 2 IS IN QU ESTION. THE LOCATION OF TH E DITCH CANNOT BE IDENTIFIED FRO M AVAILA8LE DATA. POINT OF DIVERSION NO. 3 APPEARS INCORRECT. THE ACTUAL LOCATION OF THE DIVERSION APPEARS TO 8E IN TI-1E NESWNW SEC 20 TWP 6N RGE 14E WHEATLAND CO. 40A 143303-00 THE POINTS OF DIVERSION APPEAR TO BE INCORRECT. POINT OF DIVERSION NO. 1 APPEARS TO BE IN THE NESWNW SEC 20 TWP 6N RGE 14E WHEATLAND CO. POINT OF DIVERSION NO. 2 APPEARS TO BE IN THE NENENE SEC 21 TWP 8N RGE 14E WHEATLAND CO. 40A 143304-00 THE POINTS OF DIVERSION APPEAR TO BE INCORRECT. POINT OF OIVERSION NO. 1 APPEARS TO BE IN THE NESWNW SEC 20 TWP 6N RGE 14E WHEATLAND CO. POINT OF DIVERSION NO. 2 APPEARS TO BE IN THE NENENE SEC 21 TWP 8N RGE 14E WHEATLAND CO. 4. The point of diversion for each claim was adjudicated during the Basin 40A Temporary Preliminary Decree. After extensive litigation, the Senior Water Master accepted a stipulation from the parties and recommended that the Court modify the points of diversion as requested in the stipulation. The Master’s Report makes specific findings regarding the historically accurate legal land descriptions of each point of diversion. The Master’s Report was adopted by Associate Water Judge Douglas Ritter in 2017. PRINCIPLES OF LAW 1. A properly filed Statement of Claim for an existing water right is prima facie proof of its content. Section 85-2-227, MCA; Rule 10, W.R.Adj.R. 2. Prima facie proof may be contradicted and overcome by a preponderance of the evidence. Rule 19, W.R.Adj.R. 3. A preponderance of the evidence is evidence that shows a fact is “more probable than not.” Hohenlohe v. State, 2010 MT 203, ¶ 33, 357 Mont. 438, 240 P.3d 628. 4. If prima facie status is overcome, the burden shifts back to the claimant to demonstrate historical use. 79 Ranch v. Pitsch, 204 Mont. 426, 432-33, 666 P.2d 215, 218 (1983). 3 5. Section 85-2-248(2), MCA, requires that the Water Court resolve all issue remarks that are not resolved through the objection process. See also Rule 7, W.R.Adj.R. 6. The Water Court may use information submitted by the DNRC, the Statement of Claim, and any other data obtained by the Court to evaluate a water right. Sections 85-2-227, -231(2), MCA. 7. When resolving issue remarks, the 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. The factual evidence on which an issue remark is based must meet the preponderance of evidence standard before the prima facie status of a claim is overcome. 43Q 200996-00 et al., Order Establishing Volume and Order Closing Case, at 18, June 8, 2015. CONCLUSION OF LAW 1. The point of diversion issue remarks do not overcome the prima facie status of the claims. The points of diversion were extensively litigated during adjudication of the Basin 40A Temporary Preliminary Decree, and the Water Court has already established the historically accurate location of each point of diversion. RECOMMENDATION 1. The issue remarks should be removed from claims 40A 143297-00, 40A 143299-00, 40A 143300-00, 40A 143301-00, 40A 143302-00, 40A 143303-00, and 40A 143304-00. A post decree abstract of each water right claim reflecting the recommendation is attached to this Report. ELECTRONICALLY SIGNED AND DATED BELOW. Service via Electronic Mail Benjamin S Sudduth SUDDUTH LAW PLLC PO Box 507 Bozeman, MT 59771-0507 406-272-2390 benjamin@sudduthlaw.com \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\40A PD\40A Cases\40A-R308\40A-308 MR 1-11-24 jbc for vh.docx 4 Electronically Signed By: Hon. Judge Melissa Lockman Tue, Jan 16 2024 08:41:55 AM January 12, 2024 40A 143297-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MUSSELSHELL RIVER, ABOVE ROUNDUP BASIN 40A Water Right Number: 40A 143297-00 Version: STATEMENT OF CLAIM 4 -- POST DECREE Status: ACTIVE Owners: GLENNIE RANCHES INC, THE % JANE GLENNIE, PRES PO BOX 207 TWO DOT, MT 59085-0207 Priority Date: MAY 1, 1882 Type of Historical Right: DECREED Purpose (Use): IRRIGATION Irrigation Type: Flow Rate: FLOOD 1.75 CFS THE STIPULATION FILED ON FEBRUARY 18, 2004 IN CASE 40A-124 INCLUDES THE FOLLOWING PROVISION: THE DIVERTED FLOW OF THE FOLLOWING WATER RIGHTS MAY BE MARSHALED BETWEEN AND AMONG THE VARIOUS POINTS OF DIVERSION AND PLACES OF USE OF ANY OF THESE RIGHTS SO LONG AS SUCH MARSHALING DOES NOT ADVERSELY AFFECT ANY OTHER WATER RIGHT AND SO LONG AS THESE RIGHTS ARE HELD BY A COMMON OWNER: 40A 143297-00, 40A 143298-00, 40A 143299-00, 40A 143300-00, 40A 143301-00, 40A 143302-00, 40A 14330300, 40A 143304-00, 40A 143305-00 AND 40A 143306-00. *Volume: Climatic Area: *Maximum Acres: Source Name: Source Type: Source Name: Source Type: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 3 - MODERATE 784.00 AGNES CREEK SURFACE WATER AMERICAN FORK SURFACE WATER WATER FROM AMERICAN FORK IS EXCHANGED FOR WATER DIVERTED FROM AGNES CREEK. *Point of Diversion and Means of Diversion: ID 1 Source Name: Govt Lot Qtr Sec Sec Twp Rge County SWSESW 24 6N 13E WHEATLAND 27 6N 13E WHEATLAND AMERICAN FORK Period of Diversion: MARCH 1 TO NOVEMBER 1 Diversion Means: DITCH 2 SENW Source Name: AGNES CREEK Period of Diversion: MARCH 1 TO NOVEMBER 1 Diversion Means: DITCH January 12, 2024 40A 143297-00 Page 2 of 2 Post Decree Abstract 3 Source Name: SWNW 27 6N 13E WHEATLAND 28 6N 13E WHEATLAND 28 6N 13E WHEATLAND 20 6N 14E WHEATLAND AMERICAN FORK Period of Diversion: MARCH 1 TO NOVEMBER 1 Diversion Means: DITCH 4 SWSENE Source Name: AMERICAN FORK Period of Diversion: MARCH 1 TO NOVEMBER 1 Diversion Means: DITCH 5 Source Name: SENWSE AGNES CREEK Period of Diversion: MARCH 1 TO NOVEMBER 1 Diversion Means: DITCH 6 SWNENW Source Name: AMERICAN FORK Period of Diversion: MARCH 1 TO NOVEMBER 1 Diversion Means: DITCH POINTS OF DIVERSION 02 AND 05 ARE ON AGNES CREEK. POINTS OF DIVERSION 03, 04, AND 06 ARE ON THE SOUTH SIDE OF AMERICAN FORK. MARCH 1 TO NOVEMBER 1 Period of Use: *Place of Use: ID 1 Acres 63.00 2 Qtr Sec SE Sec 24 Twp 6N Rge 13E County WHEATLAND 9.00 NENE 25 6N 13E WHEATLAND 3 10.00 E2SENE 25 6N 13E WHEATLAND 4 39.00 N2N2 26 6N 13E WHEATLAND 5 124.00 N2 27 6N 13E WHEATLAND 6 38.00 N2SW 27 6N 13E WHEATLAND 7 25.00 SENE 19 6N 14E WHEATLAND 8 222.00 S2 19 6N 14E WHEATLAND 9 157.00 N2 20 6N 14E WHEATLAND 10 30.00 N2SW 20 6N 14E WHEATLAND 67.00 NW 30 6N 14E WHEATLAND 11 Total: 784.00 Govt Lot January 12, 2024 40A 143299-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MUSSELSHELL RIVER, ABOVE ROUNDUP BASIN 40A Water Right Number: 40A 143299-00 Version: STATEMENT OF CLAIM 4 -- POST DECREE Status: ACTIVE Owners: GLENNIE RANCHES INC, THE % JANE GLENNIE, PRES PO BOX 207 TWO DOT, MT 59085-0207 Priority Date: APRIL 10, 1888 Type of Historical Right: DECREED Purpose (Use): IRRIGATION Irrigation Type: Flow Rate: FLOOD 1.25 CFS THE STIPULATION FILED ON FEBRUARY 18, 2004 IN CASE 40A-124 INCLUDES THE FOLLOWING PROVISION: THE DIVERTED FLOW OF THE FOLLOWING WATER RIGHTS MAY BE MARSHALED BETWEEN AND AMONG THE VARIOUS POINTS OF DIVERSION AND PLACES OF USE OF ANY OF THESE RIGHTS SO LONG AS SUCH MARSHALING DOES NOT ADVERSELY AFFECT ANY OTHER WATER RIGHT AND SO LONG AS THESE RIGHTS ARE HELD BY A COMMON OWNER: 40A 143297-00, 40A 143298-00, 40A 143299-00, 40A 143300-00, 40A 143301-00, 40A 143302-00, 40A 14330300, 40A 143304-00, 40A 143305-00 AND 40A 143306-00. *Volume: Climatic Area: *Maximum Acres: Source Name: Source Type: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 3 - MODERATE 583.00 AMERICAN FORK SURFACE WATER WATER FROM AMERICAN FORK IS EXCHANGED FOR WATER DIVERTED FROM AGNES CREEK. *Point of Diversion and Means of Diversion: ID 1 Period of Diversion: Diversion Means: Govt Lot Qtr Sec Sec Twp Rge County SWSESW 24 6N 13E WHEATLAND 28 6N 13E WHEATLAND 20 6N 14E WHEATLAND MARCH 1 TO NOVEMBER 1 DITCH 2 SWSENE Period of Diversion: MARCH 1 TO NOVEMBER 1 Diversion Means: DITCH 3 Period of Diversion: Diversion Means: SWNENW MARCH 1 TO NOVEMBER 1 DITCH THE POINTS OF DIVERSION ARE ON THE SOUTH SIDE OF AMERICAN FORK. January 12, 2024 40A 143299-00 Page 2 of 2 Post Decree Abstract MARCH 1 TO NOVEMBER 1 Period of Use: *Place of Use: ID 1 Acres 63.00 2 Qtr Sec SE Sec 24 Twp 6N Rge 13E County WHEATLAND 9.00 NENE 25 6N 13E WHEATLAND 3 10.00 E2SENE 25 6N 13E WHEATLAND 4 25.00 SENE 19 6N 14E WHEATLAND 5 222.00 S2 19 6N 14E WHEATLAND 6 157.00 N2 20 6N 14E WHEATLAND 7 30.00 N2SW 20 6N 14E WHEATLAND 8 67.00 NW 30 6N 14E WHEATLAND Total: 583.00 Govt Lot January 12, 2024 40A 143300-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MUSSELSHELL RIVER, ABOVE ROUNDUP BASIN 40A Water Right Number: 40A 143300-00 Version: STATEMENT OF CLAIM 4 -- POST DECREE Status: ACTIVE Owners: GLENNIE RANCHES INC, THE % JANE GLENNIE, PRES PO BOX 207 TWO DOT, MT 59085-0207 Priority Date: JUNE 1, 1889 Type of Historical Right: DECREED Purpose (Use): IRRIGATION Irrigation Type: Flow Rate: FLOOD 3.75 CFS THE STIPULATION FILED ON FEBRUARY 18, 2004 IN CASE 40A-124 INCLUDES THE FOLLOWING PROVISION: THE DIVERTED FLOW OF THE FOLLOWING WATER RIGHTS MAY BE MARSHALED BETWEEN AND AMONG THE VARIOUS POINTS OF DIVERSION AND PLACES OF USE OF ANY OF THESE RIGHTS SO LONG AS SUCH MARSHALING DOES NOT ADVERSELY AFFECT ANY OTHER WATER RIGHT AND SO LONG AS THESE RIGHTS ARE HELD BY A COMMON OWNER: 40A 143297-00, 40A 143298-00, 40A 143299-00, 40A 143300-00, 40A 143301-00, 40A 143302-00, 40A 14330300, 40A 143304-00, 40A 143305-00 AND 40A 143306-00. *Volume: Climatic Area: *Maximum Acres: Source Name: Source Type: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 3 - MODERATE 583.00 AMERICAN FORK SURFACE WATER WATER FROM AMERICAN FORK IS EXCHANGED FOR WATER DIVERTED FROM AGNES CREEK. *Point of Diversion and Means of Diversion: ID 1 Period of Diversion: Diversion Means: Govt Lot Qtr Sec Sec Twp Rge County SWSESW 24 6N 13E WHEATLAND 28 6N 13E WHEATLAND 20 6N 14E WHEATLAND MARCH 1 TO NOVEMBER 1 DITCH 2 SWSENE Period of Diversion: MARCH 1 TO NOVEMBER 1 Diversion Means: DITCH 3 Period of Diversion: Diversion Means: SWNENW MARCH 1 TO NOVEMBER 1 DITCH THE POINTS OF DIVERSION ARE ON THE SOUTH SIDE OF AMERICAN FORK. January 12, 2024 40A 143300-00 Page 2 of 2 Post Decree Abstract MARCH 1 TO NOVEMBER 1 Period of Use: *Place of Use: ID 1 Acres 63.00 2 Qtr Sec SE Sec 24 Twp 6N Rge 13E County WHEATLAND 9.00 NENE 25 6N 13E WHEATLAND 3 10.00 E2SENE 25 6N 13E WHEATLAND 4 25.00 SENE 19 6N 14E WHEATLAND 5 222.00 S2 19 6N 14E WHEATLAND 6 157.00 N2 20 6N 14E WHEATLAND 7 30.00 N2SW 20 6N 14E WHEATLAND 8 67.00 NW 30 6N 14E WHEATLAND Total: 583.00 Govt Lot January 12, 2024 40A 143301-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MUSSELSHELL RIVER, ABOVE ROUNDUP BASIN 40A Water Right Number: 40A 143301-00 Version: STATEMENT OF CLAIM 4 -- POST DECREE Status: ACTIVE Owners: GLENNIE RANCHES INC, THE % JANE GLENNIE, PRES PO BOX 207 TWO DOT, MT 59085-0207 Priority Date: JUNE 1, 1892 Type of Historical Right: DECREED Purpose (Use): IRRIGATION Irrigation Type: Flow Rate: FLOOD 2.50 CFS THE STIPULATION FILED ON FEBRUARY 18, 2004 IN CASE 40A-124 INCLUDES THE FOLLOWING PROVISION: THE DIVERTED FLOW OF THE FOLLOWING WATER RIGHTS MAY BE MARSHALED BETWEEN AND AMONG THE VARIOUS POINTS OF DIVERSION AND PLACES OF USE OF ANY OF THESE RIGHTS SO LONG AS SUCH MARSHALING DOES NOT ADVERSELY AFFECT ANY OTHER WATER RIGHT AND SO LONG AS THESE RIGHTS ARE HELD BY A COMMON OWNER: 40A 143297-00, 40A 143298-00, 40A 143299-00, 40A 143300-00, 40A 143301-00, 40A 143302-00, 40A 14330300, 40A 143304-00, 40A 143305-00, AND 40A 143306-00. *Volume: Climatic Area: *Maximum Acres: Source Name: Source Type: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 3 - MODERATE 583.00 AMERICAN FORK SURFACE WATER WATER FROM AMERICAN FORK IS EXCHANGED FOR WATER DIVERTED FROM AGNES CREEK. *Point of Diversion and Means of Diversion: ID 1 Period of Diversion: Diversion Means: Govt Lot Qtr Sec Sec Twp Rge County SWSESW 24 6N 13E WHEATLAND 28 6N 13E WHEATLAND 20 6N 14E WHEATLAND MARCH 1 TO NOVEMBER 1 DITCH 2 SWSENE Period of Diversion: MARCH 1 TO NOVEMBER 1 Diversion Means: DITCH 3 Period of Diversion: Diversion Means: SWNENW MARCH 1 TO NOVEMBER 1 DITCH THE POINTS OF DIVERSION ARE ON THE SOUTH SIDE OF AMERICAN FORK. January 12, 2024 40A 143301-00 Page 2 of 2 Post Decree Abstract MARCH 1 TO NOVEMBER 1 Period of Use: *Place of Use: ID 1 Acres 63.00 2 Qtr Sec SE Sec 24 Twp 6N Rge 13E County WHEATLAND 9.00 NENE 25 6N 13E WHEATLAND 3 10.00 E2SENE 25 6N 13E WHEATLAND 4 25.00 SENE 19 6N 14E WHEATLAND 5 222.00 S2 19 6N 14E WHEATLAND 6 157.00 N2 20 6N 14E WHEATLAND 7 30.00 N2SW 20 6N 14E WHEATLAND 8 67.00 NW 30 6N 14E WHEATLAND Total: 583.00 Govt Lot January 12, 2024 40A 143302-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MUSSELSHELL RIVER, ABOVE ROUNDUP BASIN 40A Water Right Number: 40A 143302-00 Version: STATEMENT OF CLAIM 4 -- POST DECREE Status: ACTIVE Owners: GLENNIE RANCHES INC, THE % JANE GLENNIE, PRES PO BOX 207 TWO DOT, MT 59085-0207 Priority Date: JUNE 1, 1893 Type of Historical Right: DECREED Purpose (Use): IRRIGATION Irrigation Type: Flow Rate: FLOOD 2.50 CFS THE STIPULATION FILED ON FEBRUARY 18, 2004 IN CASE 40A-124 INCLUDES THE FOLLOWING PROVISION: THE DIVERTED FLOW OF THE FOLLOWING WATER RIGHTS MAY BE MARSHALED BETWEEN AND AMONG THE VARIOUS POINTS OF DIVERSION AND PLACES OF USE OF ANY OF THESE RIGHTS SO LONG AS SUCH MARSHALING DOES NOT ADVERSELY AFFECT ANY OTHER WATER RIGHT AND SO LONG AS THESE RIGHTS ARE HELD BY A COMMON OWNER: 40A 143297-00, 40A 143298-00, 40A 143299-00, 40A 143300-00, 40A 143301-00, 40A 143302-00, 40A 14330300, 40A 143304-00, 40A 143305-00 AND 40A 143306-00. *Volume: Climatic Area: *Maximum Acres: Source Name: Source Type: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 3 - MODERATE 583.00 AMERICAN FORK SURFACE WATER WATER FROM AMERICAN FORK IS EXCHANGED FOR WATER DIVERTED FROM AGNES CREEK. *Point of Diversion and Means of Diversion: ID 1 Period of Diversion: Diversion Means: Govt Lot Qtr Sec Sec Twp Rge County SWSESW 24 6N 13E WHEATLAND 28 6N 13E WHEATLAND 20 6N 14E WHEATLAND MARCH 1 TO NOVEMBER 1 DITCH 2 SWSENE Period of Diversion: MARCH 1 TO NOVEMBER 1 Diversion Means: DITCH 3 Period of Diversion: Diversion Means: SWNENW MARCH 1 TO NOVEMBER 1 DITCH THE POINTS OF DIVERSION ARE ON THE SOUTH SIDE OF AMERICAN FORK. January 12, 2024 40A 143302-00 Page 2 of 2 Post Decree Abstract MARCH 1 TO NOVEMBER 1 Period of Use: *Place of Use: ID 1 Acres 63.00 2 Qtr Sec SE Sec 24 Twp 6N Rge 13E County WHEATLAND 9.00 NENE 25 6N 13E WHEATLAND 3 10.00 E2SENE 25 6N 13E WHEATLAND 4 25.00 SENE 19 6N 14E WHEATLAND 5 222.00 S2 19 6N 14E WHEATLAND 6 157.00 N2 20 6N 14E WHEATLAND 7 30.00 N2SW 20 6N 14E WHEATLAND 8 67.00 NW 30 6N 14E WHEATLAND Total: Govt Lot 583.00 Remarks: THE STIPULATION FILED ON FEBRUARY 18, 2004 IN CASE 40A-124 INCLUDES THE FOLLOWING PROVISION: THE DIVERTED FLOW OF THE FOLLOWING WATER RIGHTS MAY BE MARSHALED BETWEEN AND AMONG THE VARIOUS POINTS OF DIVERSION AND PLACES OF USE OF ANY OF THESE RIGHTS SO LONG AS SUCH MARSHALING DOES NOT ADVERSELY AFFECT ANY OTHER WATER RIGHT AND SO LONG AS THESE RIGHTS ARE HELD BY A COMMON OWNER: 143297-00, 143298-00, 143299-00, 143300-00, 143301-00, 143302-00, 14330300, 143304-00, 143305-00, AND 143306-00. January 12, 2024 40A 143303-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MUSSELSHELL RIVER, ABOVE ROUNDUP BASIN 40A Water Right Number: 40A 143303-00 Version: STATEMENT OF CLAIM 4 -- POST DECREE Status: ACTIVE Owners: GLENNIE RANCHES INC, THE % JANE GLENNIE, PRES PO BOX 207 TWO DOT, MT 59085-0207 Priority Date: JUNE 1, 1903 Type of Historical Right: DECREED Purpose (Use): IRRIGATION Irrigation Type: Flow Rate: FLOOD 4.50 CFS THE STIPULATION FILED ON FEBRUARY 18, 2004 IN CASE 40A-124 INCLUDES THE FOLLOWING PROVISION: THE DIVERTED FLOW OF THE FOLLOWING WATER RIGHTS MAY BE MARSHALED BETWEEN AND AMONG THE VARIOUS POINTS OF DIVERSION AND PLACES OF USE OF ANY OF THESE RIGHTS SO LONG AS SUCH MARSHALING DOES NOT ADVERSELY AFFECT ANY OTHER WATER RIGHT AND SO LONG AS THESE RIGHTS ARE HELD BY A COMMON OWNER: 40A 143297-00, 40A 143298-00, 40A 143299-00, 40A 143300-00, 40A 143301-00, 40A 143302-00, 40A 14330300, 40A 143304-00, 40A 143305-00 AND 40A 143306-00. *Volume: Climatic Area: *Maximum Acres: Source Name: Source Type: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 3 - MODERATE 636.00 AMERICAN FORK SURFACE WATER WATER FROM AMERICAN FORK IS EXCHANGED FOR WATER DIVERTED FROM AGNES CREEK. *Point of Diversion and Means of Diversion: ID 1 Period of Diversion: Diversion Means: Govt Lot Qtr Sec Sec Twp Rge County SENENW 20 6N 14E WHEATLAND 22 6N 14E WHEATLAND MARCH 1 TO NOVEMBER 1 HEADGATE 2 SWNWNW Period of Diversion: MARCH 1 TO NOVEMBER 1 Diversion Means: DITCH POINT OF DIVERSION 01 IS ON THE SOUTH SIDE OF AMERICAN FORK. POINT OF DIVERSION 02 IS ON THE NORTH SIDE OF AMERICAN FORK. WATER DIVERTED THROUGH THIS POINT OF DIVERSION IS TRANSPORTED TO AND CARRIED THROUGH LEBO CREEK FOR SUBSEQUENT DIVERSION TO IRRIGATE THE PLACE OF USE IN SECTION 11, T6N, R14E. January 12, 2024 40A 143303-00 Page 2 of 2 Post Decree Abstract MARCH 1 TO NOVEMBER 1 Period of Use: *Place of Use: ID 1 Acres 271.00 2 Qtr Sec N2 Sec 11 Twp 6N Rge 14E County WHEATLAND 113.00 N2S2 11 6N 14E WHEATLAND 3 19.00 W2NW 15 6N 14E WHEATLAND 4 175.00 S2 15 6N 14E WHEATLAND 5 4.00 NENENE 21 6N 14E WHEATLAND 6 54.00 N2N2 22 6N 14E WHEATLAND Total: 636.00 Govt Lot January 12, 2024 40A 143304-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MUSSELSHELL RIVER, ABOVE ROUNDUP BASIN 40A Water Right Number: 40A 143304-00 Version: STATEMENT OF CLAIM 4 -- POST DECREE Status: ACTIVE Owners: GLENNIE RANCHES INC, THE % JANE GLENNIE, PRES PO BOX 207 TWO DOT, MT 59085-0207 Priority Date: JUNE 1, 1903 Type of Historical Right: DECREED Purpose (Use): IRRIGATION Irrigation Type: Flow Rate: FLOOD 4.50 CFS THE STIPULATION FILED ON FEBRUARY 18, 2004 IN CASE 40A-124 INCLUDES THE FOLLOWING PROVISION: THE DIVERTED FLOW OF THE FOLLOWING WATER RIGHTS MAY BE MARSHALED BETWEEN AND AMONG THE VARIOUS POINTS OF DIVERSION AND PLACES OF USE OF ANY OF THESE RIGHTS SO LONG AS SUCH MARSHALING DOES NOT ADVERSELY AFFECT ANY OTHER WATER RIGHT AND SO LONG AS THESE RIGHTS ARE HELD BY A COMMON OWNER: 40A 143297-00, 40A 143298-00, 40A 143299-00, 40A 143300-00, 40A 143301-00, 40A 143302-00, 40A 14330300, 40A 143304-00, 40A 143305-00 AND 40A 143306-00. *Volume: Climatic Area: *Maximum Acres: Source Name: Source Type: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 3 - MODERATE 636.00 AMERICAN FORK SURFACE WATER WATER FROM AMERICAN FORK IS EXCHANGED FOR WATER DIVERTED FROM AGNES CREEK. *Point of Diversion and Means of Diversion: ID 1 Period of Diversion: Diversion Means: Govt Lot Qtr Sec Sec Twp Rge County SENENW 20 6N 14E WHEATLAND 22 6N 14E WHEATLAND MARCH 1 TO NOVEMBER 1 HEADGATE 2 SWNWNW Period of Diversion: MARCH 1 TO NOVEMBER 1 Diversion Means: DITCH POINT OF DIVERSION 01 IS ON THE SOUTH SIDE OF AMERICAN FORK. POINT OF DIVERSION 02 IS ON THE NORTH SIDE OF AMERICAN FORK. WATER DIVERTED THROUGH THIS POINT OF DIVERSION IS TRANSPORTED TO AND CARRIED THROUGH LEBO CREEK FOR SUBSEQUENT DIVERSION TO IRRIGATE THE PLACE OF USE IN SECTION 11, T6N, R14E. January 12, 2024 40A 143304-00 Page 2 of 2 Post Decree Abstract MARCH 1 TO NOVEMBER 1 Period of Use: *Place of Use: ID 1 Acres 271.00 2 Qtr Sec N2 Sec 11 Twp 6N Rge 14E County WHEATLAND 113.00 N2S2 11 6N 14E WHEATLAND 3 19.00 W2NW 15 6N 14E WHEATLAND 4 175.00 S2 15 6N 14E WHEATLAND 5 4.00 NENENE 21 6N 14E WHEATLAND 6 54.00 N2N2 22 6N 14E WHEATLAND Total: 636.00 Govt Lot

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