Jody L. Sandru; Rick R. Sandru, United States of America (USDA Forest Service); Jody L. Sandru; Rick R. Sandru

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FILED 01/04/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41G-0520-R-2022 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 (406) 586-4364 1-800-624-3270 watercourt@mt.gov Weisz, Madeleine 9.00 IN THE WATER COURT OF THE STATE OF MONTANA UPPER MISSOURI DIVISION JEFFERSON RIVER BASIN (41G) PRELIMINARY DECREE ******************** CLAIMANTS: Jody L. Sandru; Rick R. Sandru CASE 41G-0520-R-2022 41G 16806-00 OBJECTORS: United States of America (USDA Forest 41G 40643-00 Service); Jody L. Sandru; Rick R. Sandru 41G 40644-00 41G 40645-00 41G 135049-00 41G 135050-00 41G 135052-00 41G 135053-00 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. 1 MASTER’S REPORT FINDINGS OF FACT 1. Claims 41G 16806-00, 41G 40643-00, 41G 40644-00, 41G 40645-00, 41G 135049-00, 41G 135050-00, 41G 135052-00, and 41G 135053-00 are owned by Jody L. Sandru and Rick R. Sandru (the Sandrus). Initially, claims 41G 135049-00, 41G 13505000, 41G 135052-00, and 41G 135053-00 were consolidated into different cases, but the claims were incorporated into this case upon an unopposed motion from the United States. 2. The United States objected to each of the claims in this case, except for claim 41G 16806-00. The claimants objected to claims 41G 16806-00, 41G 135050-00, and 41G 135053-00. Claims 41G 16806-00, 41G 135049-00, 41G 135050-00, 41G 135052-00, and 41G 135053-00 each received DNRC issue remarks. 3. The claimants filed motions to amend in 2018 requesting corrections to certain aspects of the claims they objected to. 4. On July 24, 2023, the parties filed a Stipulation addressing the issues in this case. (Doc. 1 8.00). In the Stipulation, the parties note that the Stipulation amends the Claimants’ 2018 motions to amend regarding the correct the legal land description for the point of diversion in Section 36, T2S, R5W, but that all other aspects of the Claimants’ 2018 motions to amend should remain unchanged. The Stipulation explains that the claims in this case all divert water from the same point of diversion located within Section 36, T2S, R5W. While the Sandrus filed motions to amend in 2018 requesting the legal land description for that point of diversion be amended to the NENWSW of Section 36, the parties indicate in the Stipulation that the historically accurate point of diversion is in the SENWSW of Section 36. Accordingly, a point of diversion in the SENWSW of Section 36, T2S, R5W should be added to claim 41G 16806-00. The legal land description for the point of diversion in Section 36, T2S, R5W for claims 41G 40643-00, 41G 40644-00, 41G 40645- 1 “Doc.” numerical references correlate to case file docket numbers in the Water Court’s Full Court case management system. 2 00, 41G 135049-00, and 41G 135052-00 should be corrected to the SENWSW, Sec 36, T2S. Claims 41G 135050-00 and 41G 135053-00 were decreed with a clerical error in the Range description. The point of diversion for claims 41G 135050-00 and 41G 135053-00 should be corrected from the NENWSW of Section 36, T2S, R4W to the SENWSW of Section 36, T2S, R5W. The amendments to the points of diversion for the claims in this case reflect refinements to the point of diversion legal land description to best describe historical use of the claim. The maps provided with the motions to amend (attached to the Stipulation) support the requested modifications. 5. Claims 41G 135049-00, 41G 135050-00, 41G 135052-00, and 41G 135053-00 each received a notice issue remark indicating that changes were made to the point of diversion and/or the means of diversion. The parties have addressed the points of diversion and have provided clarification on the most historically accurate legal land description. The issue remarks should be removed from the claims. 6. The Sandrus objected to claim 41G 16806-00 requesting the addition of the point of diversion in the SENWSW of Section 36, T2S, R5W, as discussed above, as well as a modification to the place of use for claim 41G 16806-00. Claim 41G 16806-00 is a stock water right that consists of stock drinking directly from the source or the ditch system. It appeared in the 41G Preliminary Decree with a place of use described as: Acres Govt Lot Dtr • Sec fl a Rae C:ountv 1 N2NENE 33 2S 5W MADISON 2 N2 33 2S 5W MADISON 3 N2NE 32 2S 5W MADISON 10 In their 2018 Motion to Amend, the Sandrus request that claim 41G 16806-00 be modified to reflect the following place of use: ID 1 2 3 4 5 Acres Govt Lot Qtr Sec S2S2 S2SE Sec 31 32 33 25 26 3 Twp 2S 2S 2S 2S 2S _ Rge 5W 5W 5W 6W 6W County Madison Madison Madison Madison Madison The Sandrus indicate that the place of use reflected on the Preliminary Decree abstract was incomplete. Sandrus request the place of use be corrected to reflect historical use in Section 31 T2S, R5W, and Sections 25 and 26, T2S, R6W. The Sandrus explain that the requested legal land descriptions encompass the locations where livestock historically watered from the branches of the Cornforth ditches. In support the Sandrus provide a map and an aerial photo depicting the places of use. 7. Claim 41G 16806-00 received an issue remark stating, “the priority date may be questionable. This claim is for a use right on Dry Boulder Creek with a priority date predating case no. 1427, Madison County.” No objections were filed to the priority date of claim 41G 16806-00. There is no evidence before the court that indicates the claimed priority date is incorrect. The issue remark does not overcome the prima facie status of claim; the remark should be removed from the abstract. CONCLUSIONS OF LAW 1. A properly filed claim of an existing right or an amended claim of existing right is prima facie proof of its content. § 85-2-227, MCA. This prima facie proof may be contradicted and overcome by other evidence that proves, by a preponderance of the evidence, that the elements of the claim do not accurately reflect the beneficial use of the water right as it existed prior to July 1, 1973. This is the burden of proof for every assertion that a claim is incorrect. Rule 19, W.R.Adj.R. The parties provided sufficient evidence to support the requested modifications and overcome the prima facie status by a preponderance of the evidence. 2. Settlement agreements are subject to review and approval of the Water Court. Rule 17(a), W.R.Adj.R. The settlement documentation in this Case should be accepted by the Court. 3. Section 85-2-248(2), MCA requires the Water Court to resolve all issue remarks that are not resolved through the objection process. 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. § 85-2-248(3), MCA. 4 The parties provided sufficient evidence to address the point of diversion notice issue remarks appearing on claims 41G 135049-00, 41G 135050-00, 41G 135052-00, and 41G 135053-00. The issue remark appearing on claim 41G 16806-00 does not overcome the prima facie status of the claim. The priority date for claim 41G 16806-00 should remain unchanged and the issue remark should be removed from the claim. RECOMMENDATIONS 1. The claims in this case should be modified as provided above. 2. The issue remarks should be removed from the claims in this case. Post Decree Abstracts of Water Right Claims are served with the Report to confirm that the recommended modifications have been made in the state’s centralized record system. ELECTRONICALLY SIGNED AND DATED BELOW. Service via Electronic Mail: Jennifer A. Najjar US Dept of Justice, ENRD-NRS PO Box 7611 Washington, DC 20044-7611 (202) 305-0476 Jennifer.Najjar@usdoj.gov MontanaBasins.ENRD@USDOJ.GOV Calli J. Michaels Michaels Law PLLC PO Box 1388 Dillon, MT 59725 (406) 660-4265 cmichaels@mlawmt.com \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\41G PD\CASES\41G-R520\MW 41G-0520-R-2022 MR 1-3-2024 rr.docx 5 Electronically Signed By: Hon. Judge Madeleine Weisz Thu, Jan 04 2024 10:36:07 AM December 18, 2023 41G 16806-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JEFFERSON RIVER BASIN 41G 41G 16806-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE RICK R SANDRU Owners: 480 BAYERS LN TWIN BRIDGES, MT 59754 9615 JODY L SANDRU 480 BAYERS LN TWIN BRIDGES, MT 59754 9615 MAY 28, 1876 *Priority Date: Type of Historical Right: USE 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: DRY BOULDER CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Twp Rge County SWNENW 35 2S 5W MADISON 34 2S 5W MADISON 36 2S 5W MADISON Sec 31 Twp 2S Rge 5W County MADISON 2 32 2S 5W MADISON 3 33 2S 5W MADISON 25 2S 6W MADISON 1 Period of Diversion: APRIL 15 TO DECEMBER 15 Diversion Means: HEADGATE 2 Period of Diversion: NENWNE APRIL 15 TO DECEMBER 15 HEADGATE Diversion Means: 3 SENWSW Period of Diversion: APRIL 15 TO DECEMBER 15 Diversion Means: HEADGATE APRIL 15 TO DECEMBER 15 Period of Use: Place of Use: ID 1 4 Acres Govt Lot Qtr Sec S2S2 December 18, 2023 41G 16806-00 Page 2 of 2 Post Decree Abstract 5 S2SE 26 2S 6W MADISON Remarks: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE MULTIPLE USES OF THE SAME 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. 16806-00 40644-00 AUTHORIZATION OF CHANGE PLACE OF USE COMPLETED 10/07/1982. FILE REFLECTS RIGHT AS IT EXISTED PRIOR TO JULY 1973. APPROVED CHANGES WILL BE RECORDED AFTER FINAL DECREE. December 18, 2023 41G 40643-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JEFFERSON RIVER BASIN 41G 41G 40643-00 Water Right Number: Version: STATEMENT OF CLAIM 6 -- POST DECREE Status: ACTIVE RICK R SANDRU Owners: 480 BAYERS LN TWIN BRIDGES, MT 59754 9615 JODY L SANDRU 480 BAYERS LN TWIN BRIDGES, MT 59754 9615 Priority Date: JUNE 1, 1873 Type of Historical Right: DECREED Purpose (use): IRRIGATION SPRINKLER/FLOOD Irrigation Type: Flow Rate: 1.50 CFS Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 4 - MODERATELY LOW Climatic Area: 270.00 *Maximum Acres: DRY BOULDER CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SENWSW 36 2S 5W MADISON 35 2S 5W MADISON Qtr Sec NW Sec 29 Twp 2S Rge 5W County MADISON Period of Diversion: MAY 1 TO OCTOBER 15 Diversion Means: HEADGATE 2 SWNENW Period of Diversion: MAY 1 TO OCTOBER 15 Diversion Means: HEADGATE MAY 1 TO OCTOBER 15 Period of Use: *Place of Use: ID 1 Acres 80.00 2 150.00 S2 29 2S 5W MADISON 40.00 S2SW 28 2S 5W MADISON 3 Total: Remarks: 270.00 Govt Lot December 18, 2023 41G 40643-00 Page 2 of 2 Post Decree Abstract THE WATER RIGHTS FOLLOWING THIS STATEMENT ARE SUPPLEMENTAL WHICH MEANS THE RIGHTS HAVE OVERLAPPING PLACES OF USE. THE RIGHTS CAN BE COMBINED TO IRRIGATE ONLY OVERLAPPING PARCELS. EACH RIGHT IS LIMITED TO THE FLOW RATE AND PLACE OF USE OF THAT INDIVIDUAL RIGHT. THE SUM TOTAL VOLUME OF THESE WATER RIGHTS SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 40643-00 40644-00 40645-00 191351-00 191352-00 AUTHORIZATION TO CHANGE THE POINT OF DIVERSION AND PLACE OF USE ISSUED 07/06/1995. NOTICE OF COMPLETION DUE 12/31/1996. SEE 41G 040643-01 . AUTHORIZATION TO CHANGE THE POINT OF DIVERSION AND PLACE OF USE ISSUED 07/06/1995. NOTICE OF COMPLETION DUE 12/31/1996. SEE 41G 040643-01 . FILE REFLECTS AUTHORIZATION TO CHANGE POINT OF DIVERSION COMPLETED 4/22/1983. SEE 41G 040643-00 AUTHORIZATION TO SEVER-SELL OWNERSHIP AND PLACE OF USE COMPLETED 10/07/1982. SEE 41G 040643. FILE REFLECTS AUTHORIZATION TO CHANGE POINT OF DIVERSION COMPLETED 4/22/1983. SEE 41G 040643-00 AUTHORIZATION TO SEVER-SELL OWNERSHIP AND PLACE OF USE COMPLETED 10/07/1982. SEE 41G 040643. December 18, 2023 41G 40644-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JEFFERSON RIVER BASIN 41G 41G 40644-00 Water Right Number: Version: STATEMENT OF CLAIM 6 -- POST DECREE Status: ACTIVE RICK R SANDRU Owners: 480 BAYERS LN TWIN BRIDGES, MT 59754 9615 JODY L SANDRU 480 BAYERS LN TWIN BRIDGES, MT 59754 9615 Priority Date: MAY 28, 1876 Type of Historical Right: DECREED Purpose (use): IRRIGATION SPRINKLER/FLOOD Irrigation Type: Flow Rate: 3.00 CFS Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 4 - MODERATELY LOW Climatic Area: 270.00 *Maximum Acres: DRY BOULDER CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SENWSW 36 2S 5W MADISON 35 2S 5W MADISON Qtr Sec NW Sec 29 Twp 2S Rge 5W County MADISON Period of Diversion: MAY 1 TO OCTOBER 15 Diversion Means: HEADGATE 2 SWNENW Period of Diversion: MAY 1 TO OCTOBER 15 Diversion Means: HEADGATE MAY 1 TO OCTOBER 15 Period of Use: *Place of Use: ID 1 Acres 80.00 2 150.00 S2 29 2S 5W MADISON 40.00 S2SW 28 2S 5W MADISON 3 Total: Remarks: 270.00 Govt Lot December 18, 2023 41G 40644-00 Page 2 of 2 Post Decree Abstract THE WATER RIGHTS FOLLOWING THIS STATEMENT ARE SUPPLEMENTAL WHICH MEANS THE RIGHTS HAVE OVERLAPPING PLACES OF USE. THE RIGHTS CAN BE COMBINED TO IRRIGATE ONLY OVERLAPPING PARCELS. EACH RIGHT IS LIMITED TO THE FLOW RATE AND PLACE OF USE OF THAT INDIVIDUAL RIGHT. THE SUM TOTAL VOLUME OF THESE WATER RIGHTS SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 40643-00 40644-00 40645-00 191351-00 191352-00 THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE MULTIPLE USES OF THE SAME 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. 16806-00 40644-00 AUTHORIZATION TO CHANGE THE POINT OF DIVERSION AND PLACE OF USE ISSUED 07/06/1995. NOTICE OF COMPLETION DUE 12/31/1996. SEE 41G 040643-01 . FILE REFLECTS AUTHORIZATION TO CHANGE POINT OF DIVERSION COMPLETED 4/22/1983. SEE 41G 040643-00 AUTHORIZATION TO SEVER-SELL OWNERSHIP AND PLACE OF USE COMPLETED 10/07/1982. SEE 41G 040643. December 18, 2023 41G 40645-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JEFFERSON RIVER BASIN 41G 41G 40645-00 Water Right Number: Version: STATEMENT OF CLAIM 6 -- POST DECREE Status: ACTIVE RICK R SANDRU Owners: 480 BAYERS LN TWIN BRIDGES, MT 59754 9615 JODY L SANDRU 480 BAYERS LN TWIN BRIDGES, MT 59754 9615 Priority Date: MAY 28, 1876 Type of Historical Right: DECREED Purpose (use): IRRIGATION SPRINKLER/FLOOD Irrigation Type: Flow Rate: 1.50 CFS Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 4 - MODERATELY LOW Climatic Area: 270.00 *Maximum Acres: DRY BOULDER CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SENWSW 36 2S 5W MADISON 35 2S 5W MADISON Qtr Sec NW Sec 29 Twp 2S Rge 5W County MADISON Period of Diversion: MAY 1 TO OCTOBER 15 Diversion Means: HEADGATE 2 SWNENW Period of Diversion: MAY 1 TO OCTOBER 15 Diversion Means: HEADGATE MAY 1 TO OCTOBER 15 Period of Use: *Place of Use: ID 1 Acres 80.00 2 150.00 S2 29 2S 5W MADISON 40.00 S2SW 28 2S 5W MADISON 3 Total: Remarks: 270.00 Govt Lot December 18, 2023 41G 40645-00 Page 2 of 2 Post Decree Abstract THE WATER RIGHTS FOLLOWING THIS STATEMENT ARE SUPPLEMENTAL WHICH MEANS THE RIGHTS HAVE OVERLAPPING PLACES OF USE. THE RIGHTS CAN BE COMBINED TO IRRIGATE ONLY OVERLAPPING PARCELS. EACH RIGHT IS LIMITED TO THE FLOW RATE AND PLACE OF USE OF THAT INDIVIDUAL RIGHT. THE SUM TOTAL VOLUME OF THESE WATER RIGHTS SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 40643-00 40644-00 40645-00 191351-00 191352-00 AUTHORIZATION TO CHANGE THE POINT OF DIVERSION AND PLACE OF USE ISSUED 07/06/1995. NOTICE OF COMPLETION DUE 12/31/1996. SEE 41G 040643-01 . FILE REFLECTS AUTHORIZATION TO CHANGE POINT OF DIVERSION COMPLETED 4/22/1983. AUTHORIZATION TO SEVER-SELL OWNERSHIP AND PLACE OF USE COMPLETED 10/07/1982. SEE 41G 040643. December 18, 2023 41G 135049-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JEFFERSON RIVER BASIN 41G 41G 135049-00 Water Right Number: Version: STATEMENT OF CLAIM 5 -- POST DECREE Status: ACTIVE RICK R SANDRU Owners: 480 BAYERS LN TWIN BRIDGES, MT 59754 9615 JODY L SANDRU 480 BAYERS LN TWIN BRIDGES, MT 59754 9615 Priority Date: JUNE 1, 1873 Type of Historical Right: DECREED Purpose (use): IRRIGATION FLOOD Irrigation Type: Flow Rate: 3.00 CFS Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 3 - MODERATE Climatic Area: Maximum Acres: 150.00 Source Name: DRY BOULDER CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SENWSW 36 2S 5W MADISON Qtr Sec S2NW Sec 18 Twp 2S Rge 5W County MADISON Period of Diversion: APRIL 15 TO NOVEMBER 15 Diversion Means: HEADGATE APRIL 15 TO NOVEMBER 15 Period of Use: Place of Use: ID 1 Acres 20.00 2 40.00 S2NE 18 2S 5W MADISON 3 50.00 W2SW 18 2S 5W MADISON 40.00 N2SE 18 2S 5W MADISON 4 Total: Govt Lot 150.00 Remarks: THE WATER RIGHTS FOLLOWING THIS STATEMENT ARE SUPPLEMENTAL WHICH MEANS THE RIGHTS HAVE OVERLAPPING PLACES OF USE. THE RIGHTS CAN BE COMBINED TO IRRIGATE ONLY OVERLAPPING PARCELS. EACH RIGHT IS LIMITED TO THE FLOW RATE AND PLACE OF USE OF THAT INDIVIDUAL RIGHT. THE SUM TOTAL VOLUME OF THESE WATER RIGHTS SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. December 18, 2023 41G 135049-00 135049-00 Page 2 of 2 Post Decree Abstract 135050-00 THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE MULTIPLE USES OF THE SAME 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. 135049-00 135052-00 AUTHORIZATION TO CHANGE POINT OF DIVERSION COMPLETED 12/13/1983. FILE REFLECTS RIGHT AS IT EXISTED PRIOR TO JULY 1973. APPROVED CHANGES WILL BE RECORDED AFTER FINAL DECREE. SEE 41G 135049-00. AUTHORIZATION TO CHANGE THE POINT OF DIVERSION AND PLACE OF USE ISSUED 07/06/1995. NOTICE OF COMPLETION DUE 12/31/96. SEE 41G 040643-01 . AUTHORIZATION TO CHANGE THE POINT OF DIVERSION COMPLETED 04/03/1981. FILE REFLECTS RIGHT AS IT EXISTED PRIOR TO JULY 1973. APPROVED CHANGES WILL BE RECORDED AFTER FINAL DECREE. SEE 41G 135049-01. December 18, 2023 41G 135050-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JEFFERSON RIVER BASIN 41G 41G 135050-00 Water Right Number: Version: STATEMENT OF CLAIM 4 -- POST DECREE Status: ACTIVE RICK R SANDRU Owners: 480 BAYERS LN TWIN BRIDGES, MT 59754 9615 JODY L SANDRU 480 BAYERS LN TWIN BRIDGES, MT 59754 9615 Priority Date: JULY 29, 1888 Type of Historical Right: DECREED Purpose (use): IRRIGATION FLOOD Irrigation Type: Flow Rate: 5.00 CFS Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 3 - MODERATE Climatic Area: Maximum Acres: 150.00 Source Name: DRY BOULDER CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SENWSW 36 2S 5W MADISON Qtr Sec S2NW Sec 18 Twp 2S Rge 5W County MADISON Period of Diversion: APRIL 15 TO NOVEMBER 15 Diversion Means: HEADGATE APRIL 15 TO NOVEMBER 15 Period of Use: Place of Use: ID 1 Acres 20.00 2 40.00 S2NE 18 2S 5W MADISON 3 50.00 W2SW 18 2S 5W MADISON 40.00 N2SE 18 2S 5W MADISON 4 Total: Govt Lot 150.00 Remarks: THE WATER RIGHTS FOLLOWING THIS STATEMENT ARE SUPPLEMENTAL WHICH MEANS THE RIGHTS HAVE OVERLAPPING PLACES OF USE. THE RIGHTS CAN BE COMBINED TO IRRIGATE ONLY OVERLAPPING PARCELS. EACH RIGHT IS LIMITED TO THE FLOW RATE AND PLACE OF USE OF THAT INDIVIDUAL RIGHT. THE SUM TOTAL VOLUME OF THESE WATER RIGHTS SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. December 18, 2023 41G 135050-00 135049-00 Page 2 of 2 Post Decree Abstract 135050-00 THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE MULTIPLE USES OF THE SAME 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. 135050-00 135053-00 AUTHORIZATION TO CHANGE THE POINT OF DIVERSION AND PLACE OF USE ISSUED 07/06/1995. NOTICE OF COMPLETION DUE 12/31/96. SEE 41G-040643-01 . December 18, 2023 41G 135052-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JEFFERSON RIVER BASIN 41G 41G 135052-00 Water Right Number: Version: STATEMENT OF CLAIM 5 -- POST DECREE Status: ACTIVE RICK R SANDRU Owners: 480 BAYERS LN TWIN BRIDGES, MT 59754 9615 JODY L SANDRU 480 BAYERS LN TWIN BRIDGES, MT 59754 9615 Priority Date: JUNE 1, 1873 Type of Historical Right: DECREED 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: DRY BOULDER CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Twp Rge County SENWSW 36 2S 5W MADISON Qtr Sec NW Sec 18 Twp 2S Rge 5W County MADISON 2 W2SW 18 2S 5W MADISON 3 S2NE 18 2S 5W MADISON 4 N2SE 18 2S 5W MADISON 1 Period of Diversion: APRIL 15 TO NOVEMBER 15 Diversion Means: HEADGATE APRIL 15 TO NOVEMBER 15 Period of Use: Place of Use: ID 1 Acres Govt Lot Remarks: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE MULTIPLE USES OF THE SAME 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. 135049-00 135052-00 December 18, 2023 41G 135052-00 Page 2 of 2 Post Decree Abstract AUTHORIZATION TO CHANGE THE POINT OF DIVERSION AND PLACE OF USE ISSUED 07/06/1995. NOTICE OF COMPLETION DUE 12/31/96. SEE 41G-040643-01 . December 18, 2023 41G 135053-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JEFFERSON RIVER BASIN 41G 41G 135053-00 Water Right Number: Version: STATEMENT OF CLAIM 4 -- POST DECREE Status: ACTIVE RICK R SANDRU Owners: 480 BAYERS LN TWIN BRIDGES, MT 59754 9615 JODY L SANDRU 480 BAYERS LN TWIN BRIDGES, MT 59754 9615 Priority Date: JULY 29, 1888 Type of Historical Right: DECREED 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: DRY BOULDER CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Twp Rge County SENWSW 36 2S 5W MADISON Qtr Sec NW Sec 18 Twp 2S Rge 5W County MADISON 2 W2SW 18 2S 5W MADISON 3 S2NE 18 2S 5W MADISON 4 N2SE 18 2S 5W MADISON 1 Period of Diversion: APRIL 15 TO NOVEMBER 15 Diversion Means: DITCH APRIL 15 TO NOVEMBER 15 Period of Use: Place of Use: ID 1 Acres Govt Lot Remarks: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE MULTIPLE USES OF THE SAME 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. 135050-00 135053-00 December 18, 2023 41G 135053-00 Page 2 of 2 Post Decree Abstract AUTHORIZATION TO CHANGE THE POINT OF DIVERSION AND PLACE OF USE ISSUED 07/06/1995. NOTICE OF COMPLETION DUE 12/31/1996. SEE 41G 040643-01 .

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