Michael P. Kelly; Myla L. Kelly; Carol J. Roehm; Richard R. Roehm Jr.; Barbara J. Madigan; Russell W. Madigan; Michael P. Lavery; Clayton B. Marlow; Lynn F. Marlow; Robert & Barbara Eckstein Revocable Family Trust; Carly J. Urban; Charles J. Kraft; Holm Revocable Trust; Hodgeman Homestead LLC; Sig & Donna Dehn Living Trust; Daniel N. & Ernestine T. March Living Trust; Hanton Revocable Family Trust; Davis Bos, United States of America, Department of Agriculture-Forest Service

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FILED 03/26/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41H-0079-R-2022 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 (406) 586-4364 1-800-624-3270 watercourt@mt.gov Brown, Stephen R 4.00 IN THE WATER COURT OF THE STATE OF MONTANA UPPER MISSOURI DIVISION GALLATIN RIVER BASIN (41H) PRELIMINARY DECREE ******************* CLAIMANTS: Michael P. Kelly; Myla L. Kelly; Carol J. Roehm; Richard R. Roehm Jr.; Barbara J. Madigan; Russell W. Madigan; Michael P. Lavery; Clayton B. Marlow; Lynn F. Marlow; Robert & Barbara Eckstein Revocable Family Trust; Carly J. Urban; Charles J. Kraft; Holm Revocable Trust; Hodgeman Homestead LLC; Sig & Donna Dehn Living Trust; Daniel N. & Ernestine T. March Living Trust; Hanton Revocable Family Trust; Davis Bos OBJECTORS: United States of America, Department of Agriculture-Forest Service NOTICE OF INTENT TO APPEAR: David Bos; Marilyn H. Bos CASE 41H-0079-R-2022 41H 7614-00 41H 28032-00 41H 36768-00 41H 103602-00 41H 113238-00 41H 115653-00 41H 122621-00 41H 122624-00 41H 122626-00 41H 122628-00 41H 138833-00 41H 138835-00 41H 138838-00 41H 139898-00 41H 150740-00 CLOSING ORDER The Water Court included the claims in this case in the Preliminary Decree for the Gallatin River Basin (Basin 41H). The claims received Montana Department of Natural Resources and Conservation (“DNRC”) issue remarks identifying potential issues with the claims. The United States Department of Agriculture, Forest Service (“United States”) objected to all the claims. David H. Bos and Marilyn Bos (“Bos”) filed notices of intent 1 to appear (“NOIA”). To address the issue remarks, objections, and NOIAs, the Water Court consolidated the claims into Water Court Case 41H-0079-R-2022. DISCUSSION 1. Decree Exceeded Issue Remarks The Basin 41H Preliminary Decree describes each claim in this case as a “decreed” right because each claim is based on a portion of a 100 miner’s inch water right with a June 30, 1868 priority date decreed by the district court to John P. Henry and Henry Hodgman in Middle Creek Ditch Company v. John H. Henry, Case No. 1772, Gallatin County. When the DNRC examined the claims, it concluded the sum of the flow rates of the claims exceeds 100 miner’s inches. As a result, the preliminary decree abstract for each claim included the following “decree exceeded” issue remark: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 100 MINER'S INCHES DECREED IN CASE NO. 1772, GALLATIN COUNTY. 41H 7614-00, 41H 28032-00, 41H 36768-00, 41H 103602-00, 41H 113238-00, 41H 115653-00, 41H 122621-00, 41H 122624-00, 41H 122626-00, 41H 122628-00, 41H 138833-00, 41H 138835-00, 41H 138838-00, 41H 139898-00, 41H 150740-00. The Water Court previously addressed the decree exceeded remark on these claims in proceedings that followed issuance of the Basin 41H temporary preliminary decree (“TPD”). In case 41H-100, the Court approved a master’s report on March 6, 1991, that identified these same claims and allocated a portion of the decree right to the various claims, with the total allocation being equivalent to 100 miner’s inches. The Court determined that the United States’ objection did not identify anything that calls into question the findings and conclusions approved by the Court in case 41H100. Consequently, the Court required the United States to state why the order issued in case 41H-100 and the multiple use remarks on the companion stock water claims does not resolve its objections. On February 29, 2024, the United States filed a response, indicating that its objections are resolved if multiple use remarks remain on the claims that were decreed 2 with those remarks. No one filed any response taking a position different than the United States. The following table shows the flow rate decreed in the preliminary decree for each claim in gallons per minute (“gpm”), and the amount determined by the Court in case 41H-100, either in gpm, miner’s inches (“MI”), or in cubic feet per second (“cfs”): Owner Claim Use Case 41H-100 Kelly 41H 7614-00 Domestic Roehm 41H 28032-00 Irrigation Madigan 41H 36768-00 Irrigation Lavery; Marlow; Urban; Eckstein Family Trust Kraft Holm Revocable Trust Hodgeman Homestead LLC Sig Living Trust Sig Living Trust Hodgeman Homestead LLC Ernestine Living Trust Ernestine Living Trust Ernestine Living Trust Hanton Revocable Family Trust Bos 41H 103602-00 Irrigation 22.44 gpm 12.22 gpm 56.10 gpm 25.21 gpm 41H 113238-00 Irrigation 41H 115653-00 Irrigation 41H 122621-00 Irrigation 41H 122624-00 Irrigation 41H 122626-00 Stock 41H 122628-00 Stock 41H 138833-00 Irrigation 41H 138835-00 Stock 41H 138838-00 Domestic 41H 139898-00 Irrigation 41H 150740-00 Irrigation Total Preliminary decree (gpm) 22.44 Multiple use remark No 12.22 Yes 56.10 No 25.21 Yes 0.63 cfs 89.76 gpm 23.04 gpm 7.76 gpm 282.74 89.76 Yes No 23.04 Yes 7.76 Yes Yes Yes 19.26 gpm 19.26 1 Yes NA Yes 19.26 gpm 19.26 gpm 50 MI 19.26 Yes 24.70 Yes 1.25 cfs (561.04 gpm) 1,124.27 Yes Claims 41H 138833-00 and 138838-00 are multiple uses of the same right, so a flow rate of 19.26 gpm is only tabulated in the total once. 1 3 The last column in the table shows the claims that currently have multiple use remarks. The term “multiple use” means “the same appropriation used for more than one purpose by a single owner.” Rule 2(a)(42), W.R.C.E.R. A multiple use remark is intended to limit a water right that is being used for multiple purposes (such as irrigation and stock water) to alternate uses so long as the amount of water used does not exceed the historical use and what previously was decreed. The claims that have multiple use remarks in this case represent irrigation and stock use of a singular water right, except for claims 41H 138833-00 and 41H 138838-00. Stock claims do not receive a numeric flow rate to be tabulated as a portion of the 100 miner’s inches, so the Court did not make any conclusions about the stock claims in case 41H-100. Claims 41H 138833-00 and 41H 138838-00 are irrigation and domestic claims representing a single water right with a flow rate of 19.26 gpm. The preliminary decree abstracts for both claims reflect a flow rate of 19.26 gpm. Because these claims are multiple uses of one another, the Court in case 41H-100 specifically placed a multiple use remark on the claims so that the flow rate of 19.26 gpm is only accounted for once in the sum of the claims that claim a portion of the 100 miner’s inches decree to Henry and Hodgman. It appears that the DNRC accounted for a flow rate of 19.26 gpm twice which led to the placement of the decree exceeded issue remarks. The multiple use remarks already placed on the claims resolve the decree exceeded issue remarks and the United States’ objections without the need to modify further the flow rate elements of any claim from what was already done in case 41H-100. The sum of the flow rates, with the multiple use limitation, and as converted to gallons per minute, is approximately the district court decreed amount of 100 miner’s inches. 2. Point of Diversion Issue Remarks Some of the claims also received incorrect point of diversion issue remarks. Claims 41H 7614-00 (Kelly), 41H 28032-00 (Roehm), 41H 36768-00 (Madigan), and 41H 138838-00 (March) received the following issue remark: THE POINT OF DIVERSION APPEARS TO BE INCORRECT. THE POINT OF DIVERSION APPEARS TO BE IN THE NENENW SEC 23 TWP 3S RGE 5E GALLATIN COUNTY. 4 The Court set a deadline for the owners of water to provide evidence as to why the legal description of the point of diversion for the claims should not be modified to the description stated in the remark. If nothing was filed by the deadline, the Court advised that it would conclude the point of diversion should be modified to the description listed in the remark. Claim 41H 150740-00 also received the following issue remark: THE POINT OF DIVERSION APPEARS TO BE INCORRECT. THE POINT OF DIVERSION APPEARS TO BE IN THE SWSENW SEC 14 TWP 3S RGE 5E GALLATIN COUNTY. The Court advised that it appears the issue remark was placed in error because the Court previously corrected the point of diversion in case 41H-A14 in 2018. The Court set a deadline for Bos to confirm the decreed point of diversion for claim 41H 150740-00 is accurate. Claimants Kelly, Roehm, Madigan, and March did not respond to the Court’s deadline, so the Court will update the point of diversion legal land description for their claims to the description provided in the issue remark. On February 29, 2024, Bos filed a Status Report, agreeing that the proper legal land description for the point of diversion of water right claim is accurate as decreed, and the issue remark should be removed from the claim. 3. Means of Diversion Issue Remarks Claims 41H 7614-00 and 41H 36768-00 received the following issue remark questioning the means of diversion: THE MEANS OF DIVERSION APPEARS TO BE INCORRECT. THE MEANS OF DIVERSION APPEARS TO BE A HEADGATE. The two claims have the same point of diversion in the NENENW of Section 23, T3S, R5E, Gallatin County for the Flander Millpond Ditch. Claims 41H 28032-00, 41H 115653-00, 41H 122621-00, 41H 122624-00, 41H 122626-00, 41H 122628-00, 41H 138833-00, 41H 138835-00, 41H 138838-00, and 41H 139898-00 also share that point of diversion but claim the means of diversion as a headgate. A comparison of the 5 preliminary decree abstracts and the claim files for these claims show that the correct means of diversion in the NENENW of Section 23 is a headgate, not a ditch. 4 Generic Point of Diversion Issue Remark Claims 41H 103602-00, 41H 113238-00, 41H 115653-00, 41H 122621-00, 41H 122624-00, 41H 122626-00, 41H 122628-00, 41H 138833-00, 41H 138835-00, and 41H 139898-00 received the following issue remark: POINT OF DIVERSION WAS MODIFIED AS A RESULT OF DNRC REVIEW UNDER MONTANA WATER COURT REEXAMINATION ORDERS. IF NO OBJECTIONS ARE FILED TO THIS CLAIM, THESE ELEMENTS WILL REMAIN AS THEY APPEAR ON THIS ABSTRACT AND THE REMARK WILL BE REMOVED FROM THE CLAIM. No one filed objections to any claim specifically based on this remark. The United States filed the only objection that could potentially implicate the remark, so the Court provided the United States the opportunity to state whether its objections implicate this remark. The United States did not identify any issues in its response, so the remark can be removed. ORDER Therefore, based on the foregoing, it is ORDERED that the claims are modified as provided in this Order, with all issue remarks removed and all objections DISMISSED as resolved. This Order closes the case. This Order includes post-decree abstracts of all the claims to confirm the modifications to the claims are made in the State’s centralized water rights record system. ELECTRONICALLY SIGNED AND DATED BELOW. 6 Electronically Signed By: Hon. Judge Stephen R Brown Tue, Mar 26 2024 01:17:14 PM Service via USPS Mail: Sig & Donna Dehn Living Trust Sig & Donna Dehn, Trustees 50 Hodgeman Canyon Dr Bozeman, MT 59718-9527 Michael P. Lavery Carly J. Urban 475 Hodgeman Canyon Dr Bozeman, MT 59718-7321 Hanton Revocable Family Trust 414 Hodgeman Canyon Dr Bozeman, MT 59718 Barbara J. Madigan Russell W. Madigan 257 E Hodgeman Rd Bozeman, MT 59718-8427 Hodgeman Homestead LLC 1105 S Tracy Ave Bozeman, MT 59715-5331 Daniel N. & Ernestine T. March Living Trust 220 Hodgeman Canyon Dr Bozeman, MT 59718-7319 Holm Revocable Trust Roger D. & Patricia H. Holm, Trustees 3300 E Graf St Unit 65 Bozeman, MT 59715-7196 Clayton B. Marlow Lynn F. Marlow 277 Hodgeman Canyon Dr Bozeman, MT 59718 Michael P. Kelly Myla L. Kelly 264 E Hodgeman Rd Bozeman, MT 59718 Robert & Barbara Eckstein Rev Family Trust Robert & Barbara Eckstein, Trustees 145 Hodgeman Canyon Dr Bozeman, MT 59718-7318 J. Charles Kraft 7777 S 19th Bozeman, MT 59718 Carol J. Roehm Richard R. Roehm Jr. 31 Hodgeman Canyon Dr Bozeman, MT 59718 Service Via Electronic Mail: Ryan K. Mattick Jeremy A. Michael Cusick Favre Mattick & Refling PC PO Box 1288 Bozeman, MT 59771-1288 406-587-5511 W office@cmrlawmt.com Romney S. Philpott DOJ-ENRD 999 18th Street, South Terrace Suite 370 Denver, CO 80202 (303) 844-1810 Romney.Philpott@usdoj.gov MontanaBasins.ENRD@USDOJ.GOV \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\41H PD\41H Cases\41H-R79\41H-79 CO 3-15-24 ld.docx 7 March 12, 2024 41H 7614-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM GALLATIN RIVER BASIN 41H 41H 7614-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: MICHAEL P KELLY 264 E HODGEMAN RD BOZEMAN, MT 59718 Owners: MYLA L KELLY 264 HODGEMAN RD BOZEMAN, MT 59718 Priority Date: JUNE 30, 1868 Type of Historical Right: DECREED Purpose (Use): DOMESTIC *Flow Rate: 22.44 GPM Volume: 2.00 AC-FT 1 Households: Maximum Acres: 0.50 Source Name: HYALITE 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 NENENW 23 3S 5E GALLATIN Twp 3S Rge 5E County GALLATIN JANUARY 1 TO DECEMBER 31 Diversion Means: HEADGATE Subdivision: ASPEN HEIGHTS TRACT/LOT: 005 Ditch Name: FLANDERS MILLPOND DITCH JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres 0.50 Qtr Sec SWNESE Sec 11 ASPEN HEIGHTS TRACT/LOT: 005 Subdivision: Total: Govt Lot 0.50 March 12, 2024 41H 28032-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM GALLATIN RIVER BASIN 41H 41H 28032-00 Water Right Number: Version: STATEMENT OF CLAIM 4 -- POST DECREE Status: ACTIVE CAROL J ROEHM 31 HODGEMAN CANYON DR BOZEMAN, MT 59718 Owners: RICHARD R ROEHM JR 31 HODGEMAN CANYON DR BOZEMAN, MT 59718-9527 Priority Date: JUNE 30, 1868 Type of Historical Right: DECREED Purpose (Use): IRRIGATION SPRINKLER Irrigation Type: 12.22 GPM Flow Rate: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. *Volume: 4 - MODERATELY LOW Climatic Area: Maximum Acres: 4.29 Source Name: HYALITE CREEK SURFACE WATER Source Type: *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge NENENW 23 3S 5E GALLATIN Sec 11 Twp 3S Rge 5E County GALLATIN Period of Diversion: APRIL 15 TO NOVEMBER 15 Diversion Means: HEADGATE Subdivision: HODGEMAN CANYON SUBD Ditch Name: FLANDERS MILLPOND DITCH County APRIL 15 TO NOVEMBER 15 Period of Use: Place of Use: ID 1 Acres 2.18 2.11 Remarks: NWNWSE 11 3S 5E GALLATIN HODGEMAN CANYON SUBD TRACT/LOT: 004 BLOCK: 001 Subdivision: Total: Qtr Sec NENWSE HODGEMAN CANYON SUBD TRACT/LOT: 003 BLOCK: 001 Subdivision: 2 Govt Lot 4.29 March 12, 2024 41H 28032-00 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. 28031-00 28032-00 28033-00 210922-00 March 12, 2024 41H 36768-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM GALLATIN RIVER BASIN 41H 41H 36768-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE BARBARA J MADIGAN 257 E HODGEMAN RD BOZEMAN, MT 59718-8427 Owners: RUSSELL W MADIGAN 257 E HODGEMAN RD BOZEMAN, MT 59718-8427 JUNE 30, 1868 *Priority Date: Type of Historical Right: DECREED Purpose (Use): IRRIGATION SPRINKLER Irrigation Type: *Flow Rate: 56.10 GPM *Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 4 - MODERATELY LOW Climatic Area: 4.00 Maximum Acres: HYALITE CREEK *Source Name: SURFACE WATER Source Type: *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge NENENW 23 3S 5E GALLATIN Sec 11 Twp 3S Rge 5E County GALLATIN Period of Diversion: MAY 1 TO NOVEMBER 1 Diversion Means: HEADGATE Ditch Name: FLANDERS MILLPOND DITCH County MAY 1 TO NOVEMBER 1 Period of Use: Place of Use: ID 1 Acres 4.00 Total: 4.00 Govt Lot Qtr Sec SENESE March 12, 2024 41H 103602-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM GALLATIN RIVER BASIN 41H Water Right Number: 41H 103602-00 Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: MICHAEL P LAVERY 475 HODGEMAN CANYON DR BOZEMAN, MT 59718-7321 CLAYTON B MARLOW 277 HODGEMAN CANYON DR BOZEMAN, MT 59718 LYNN F MARLOW 277 HODGEMAN CANYON DR BOZEMAN, MT 59718 CARLY J URBAN 475 HODGEMAN CANYON DR BOZEMAN, MT 59718-7321 ROBERT & BARBARA ECKSTEIN REV FAMILY TRUST 145 HODGEMAN CANYON DR ROBERT & BARBARA ECKSTEIN TRUSTEES BOZEMAN, MT 59718-7318 TRANSFER PROCESSED TO ADD NEW OWNERS. THE WATER RIGHT WILL BE SPLIT INTO SEPARATE OWNERSHIPS AFTER FINAL DECREE. Priority Date: JUNE 30, 1868 Type of Historical Right: DECREED Purpose (Use): IRRIGATION Irrigation Type: FLOOD *Flow Rate: 25.21 GPM *Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. Climatic Area: *Maximum Acres: Source Name: Source Type: 4 - MODERATELY LOW 13.20 HYALITE CREEK SURFACE WATER Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge NENESW 14 3S 5E Period of Diversion: APRIL 1 TO JUNE 1 Diversion Means: HEADGATE Subdivision: HODGEMAN CANYON SUBD County GALLATIN March 12, 2024 41H 103602-00 Page 2 of 2 Post Decree Abstract HODGEMAN DITCH Ditch Name: 2 Period of Diversion: NENENW 23 3S 5E GALLATIN Sec 11 Twp 3S Rge 5E County GALLATIN APRIL 1 TO JUNE 1 Diversion Means: HEADGATE Subdivision: HODGEMAN CANYON SUBD Ditch Name: FLANDERS MILLPOND DITCH APRIL 1 TO JUNE 1 Period of Use: *Place of Use: ID 1 Acres 3.27 3.35 W2SE 3.34 W2SE 3.24 5E GALLATIN 11 3S 5E GALLATIN W2SE 11 3S 5E GALLATIN HODGEMAN CANYON SUBD TRACT/LOT: 4 BLOCK: 4 Subdivision: Total: 3S HODGEMAN CANYON SUBD TRACT/LOT: 3 BLOCK: 4 Subdivision: 4 11 HODGEMAN CANYON SUBD TRACT/LOT: 2 BLOCK: 4 Subdivision: 3 Qtr Sec NWSE HODGEMAN CANYON SUBD TRACT/LOT: 1 BLOCK: 4 Subdivision: 2 Govt Lot 13.20 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. 103601-00 103602-00 103603-00 103604-00 103605-00 March 12, 2024 41H 113238-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM GALLATIN RIVER BASIN 41H 41H 113238-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: J CHARLES KRAFT 7777 S 19TH BOZEMAN, MT 59718 Priority Date: JUNE 30, 1868 Type of Historical Right: DECREED Purpose (Use): IRRIGATION SPRINKLER/FLOOD Irrigation Type: 282.74 GPM Flow Rate: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. *Volume: 4 - MODERATELY LOW Climatic Area: Maximum Acres: 169.00 Source Name: HYALITE CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge NENESW 14 3S 5E GALLATIN Qtr Sec NE Sec 11 Twp 3S Rge 5E County GALLATIN SENW 11 3S 5E GALLATIN Period of Diversion: APRIL 1 TO NOVEMBER 1 Diversion Means: HEADGATE Ditch Name: HODGEMAN DITCH County APRIL 1 TO NOVEMBER 1 Period of Use: Place of Use: ID 1 Acres 160.00 2 9.00 Total: Govt Lot 169.00 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. 113236-00 113242-00 113237-00 113238-00 113239-00 113240-00 113241-00 March 12, 2024 41H 115653-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM GALLATIN RIVER BASIN 41H 41H 115653-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE HOLM REVOCABLE TRUST %ROGER D & PATRICIA H HOLM, TRUSTEES 3300 E GRAF ST UNIT 65 BOZEMAN, MT 59715-7196 Owners: JUNE 30, 1868 *Priority Date: Type of Historical Right: DECREED Purpose (Use): IRRIGATION SPRINKLER Irrigation Type: *Flow Rate: 89.76 GPM *Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 4 - MODERATELY LOW Climatic Area: Maximum Acres: 10.00 Source Name: HYALITE CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge NENENW 23 3S 5E GALLATIN Qtr Sec SENESE Sec 11 Twp 3S Rge 5E County GALLATIN SESE 11 3S 5E GALLATIN Period of Diversion: MAY 1 TO SEPTEMBER 15 Diversion Means: HEADGATE Ditch Name: FLANDERS MILLPOND DITCH County MAY 1 TO SEPTEMBER 15 Period of Use: Place of Use: ID 1 Acres 2.00 2 8.00 Total: 10.00 Govt Lot March 12, 2024 41H 122621-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM GALLATIN RIVER BASIN 41H 41H 122621-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE Owners: HODGEMAN HOMESTEAD LLC 1105 S TRACY AVE BOZEMAN, MT 59715-5331 Priority Date: JUNE 30, 1868 Type of Historical Right: DECREED Purpose (Use): IRRIGATION SPRINKLER Irrigation Type: *Flow Rate: 23.04 GPM *Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 4 - MODERATELY LOW Climatic Area: Maximum Acres: 10.00 Source Name: HYALITE CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge NENENW 23 3S 5E GALLATIN Sec 11 Twp 3S Rge 5E County GALLATIN Period of Diversion: APRIL 1 TO OCTOBER 20 Diversion Means: HEADGATE Subdivision: HODGEMAN CANYON SUBD Ditch Name: FLANDERS MILLPOND DITCH County APRIL 1 TO OCTOBER 20 Period of Use: Place of Use: ID 1 Acres 10.00 Qtr Sec SE HODGEMAN CANYON SUBD BLOCK: 008 Subdivision: Total: Govt Lot 10.00 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. 115519-00 138833-00 122621-00 122622-00 122625-00 138831-00 138832-00 March 12, 2024 41H 122621-00 Page 2 of 2 Post Decree Abstract 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. 122621-00 122628-00 March 12, 2024 41H 122624-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM GALLATIN RIVER BASIN 41H 41H 122624-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE Owners: DEHN, SIG & DONNA LIVING TRUST DEHN SIG & DONNA TRUSTEES 50 HODGEMAN CANYON DR BOZEMAN, MT 59718-9527 Priority Date: JUNE 30, 1868 Type of Historical Right: DECREED Purpose (Use): IRRIGATION SPRINKLER Irrigation Type: *Flow Rate: 7.76 GPM *Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 4 - MODERATELY LOW Climatic Area: Maximum Acres: 2.00 Source Name: HYALITE CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge NENENW 23 3S 5E GALLATIN Sec 11 Twp 3S Rge 5E County GALLATIN Period of Diversion: APRIL 1 TO OCTOBER 20 Diversion Means: HEADGATE Subdivision: HODGEMAN CANYON SUBD Ditch Name: FLANDERS MILLPOND DITCH County APRIL 1 TO OCTOBER 20 Period of Use: Place of Use: ID 1 Acres 2.00 Qtr Sec NENWSE HODGEMAN CANYON SUBD TRACT/LOT: 001 BLOCK: 002 Subdivision: Total: Govt Lot 2.00 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. 122620-00 122623-00 122624-00 March 12, 2024 41H 122624-00 Page 2 of 2 Post Decree Abstract 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. 122624-00 122626-00 March 12, 2024 41H 122626-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM GALLATIN RIVER BASIN 41H 41H 122626-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE Owners: DEHN, SIG & DONNA LIVING TRUST DEHN SIG & DONNA TRUSTEES 50 HODGEMAN CANYON DR BOZEMAN, MT 59718-9527 Priority Date: JUNE 30, 1868 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: HYALITE CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge NENENW 23 3S 5E GALLATIN Sec 11 Twp 3S Rge 5E County GALLATIN Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: HEADGATE Subdivision: HODGEMAN CANYON SUBD Ditch Name: FLANDERS MILLPOND DITCH County JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Subdivision: Govt Lot Qtr Sec NENWSE HODGEMAN CANYON SUBD TRACT/LOT: 001 BLOCK: 002 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. 122624-00 122626-00 March 12, 2024 41H 122628-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM GALLATIN RIVER BASIN 41H 41H 122628-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE Owners: HODGEMAN HOMESTEAD LLC 1105 S TRACY AVE BOZEMAN, MT 59715-5331 Priority Date: JUNE 30, 1868 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: HYALITE CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge NENENW 23 3S 5E GALLATIN Sec 11 Twp 3S Rge 5E County GALLATIN Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: HEADGATE Subdivision: HODGEMAN CANYON SUBD Ditch Name: FLANDERS MILLPOND DITCH County JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Subdivision: Govt Lot Qtr Sec SE HODGEMAN CANYON SUBD BLOCK: 008 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. 122621-00 122628-00 March 12, 2024 41H 138833-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM GALLATIN RIVER BASIN 41H 41H 138833-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE Owners: MARCH, DANIEL N & ERNESTINE T LIVING TRUST 220 HODGEMAN CANYON DR BOZEMAN, MT 59718-7319 Priority Date: JUNE 30, 1868 Type of Historical Right: DECREED Purpose (Use): IRRIGATION SPRINKLER/FLOOD/FURROW Irrigation Type: *Flow Rate: 19.26 GPM *Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 4 - MODERATELY LOW Climatic Area: Maximum Acres: 10.20 Source Name: HYALITE CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge NENENW 23 3S 5E GALLATIN Sec 11 Twp 3S Rge 5E County GALLATIN Period of Diversion: APRIL 30 TO OCTOBER 31 Diversion Means: HEADGATE Subdivision: HODGEMAN CANYON SUBD Ditch Name: FLANDERS MILLPOND DITCH County APRIL 30 TO OCTOBER 31 Period of Use: Place of Use: ID 1 Acres 10.20 Qtr Sec SE HODGEMAN CANYON SUBD BLOCK: 006 Subdivision: Total: Govt Lot 10.20 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. 115519-00 138833-00 122621-00 122622-00 122625-00 138831-00 138832-00 March 12, 2024 41H 138833-00 Page 2 of 2 Post Decree Abstract 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. 138833-00 138835-00 138838-00 March 12, 2024 41H 138835-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM GALLATIN RIVER BASIN 41H 41H 138835-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE Owners: MARCH, DANIEL N & ERNESTINE T LIVING TRUST 220 HODGEMAN CANYON DR BOZEMAN, MT 59718-7319 Priority Date: JUNE 30, 1868 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: HYALITE CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge NENENW 23 3S 5E GALLATIN Sec 11 Twp 3S Rge 5E County GALLATIN Period of Diversion: APRIL 30 TO OCTOBER 31 Diversion Means: HEADGATE Subdivision: HODGEMAN CANYON SUBD Ditch Name: FLANDERS MILLPOND DITCH County APRIL 30 TO OCTOBER 31 Period of Use: Place of Use: ID 1 Acres Subdivision: Govt Lot Qtr Sec SE HODGEMAN CANYON SUBD BLOCK: 006 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. 138833-00 138835-00 138838-00 March 12, 2024 41H 138838-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM GALLATIN RIVER BASIN 41H 41H 138838-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE Owners: MARCH, DANIEL N & ERNESTINE T LIVING TRUST 220 HODGEMAN CANYON DR BOZEMAN, MT 59718-7319 Priority Date: JUNE 30, 1868 Type of Historical Right: DECREED Purpose (Use): DOMESTIC *Flow Rate: 19.26 GPM Volume: 6.00 AC-FT 5 Households: Maximum Acres: 2.50 Source Name: HYALITE 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 NENENW 23 3S 5E GALLATIN Sec 11 Twp 3S Rge 5E County GALLATIN APRIL 30 TO OCTOBER 31 Diversion Means: HEADGATE Subdivision: HODGEMAN CANYON SUBD Ditch Name: FLANDERS MILLPOND DITCH APRIL 30 TO OCTOBER 31 Period of Use: Place of Use: ID 1 Acres 2.50 Qtr Sec SE HODGEMAN CANYON SUBD BLOCK: 006 Subdivision: Total: Govt Lot 2.50 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. 138833-00 138835-00 138838-00 March 12, 2024 41H 139898-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM GALLATIN RIVER BASIN 41H 41H 139898-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE Owners: HANTON REVOCABLE FAMILY TRUST 414 HODGEMAN CANYON DR BOZEMAN, MT 59718 Priority Date: JUNE 30, 1868 Type of Historical Right: DECREED Purpose (Use): IRRIGATION FLOOD Irrigation Type: *Flow Rate: 24.70 GPM *Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 4 - MODERATELY LOW Climatic Area: Maximum Acres: 13.08 Source Name: HYALITE CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge NENENW 23 3S 5E GALLATIN Sec 11 Twp 3S Rge 5E County GALLATIN Period of Diversion: MAY 1 TO OCTOBER 15 Diversion Means: HEADGATE Subdivision: HODGEMAN CANYON SUBD Ditch Name: FLANDERS MILLPOND DITCH County MAY 1 TO OCTOBER 15 Period of Use: Place of Use: ID 1 Acres 2.18 2.18 2.18 2.18 2.18 Subdivision: 5E GALLATIN 11 3S 5E GALLATIN 11 3S 5E GALLATIN HODGEMAN CANYON SUBD TRACT/LOT: 004 BLOCK: 005 Subdivision: 5 3S HODGEMAN CANYON SUBD TRACT/LOT: 003 BLOCK: 005 Subdivision: 4 11 HODGEMAN CANYON SUBD TRACT/LOT: 002 BLOCK: 005 Subdivision: 3 Qtr Sec HODGEMAN CANYON SUBD TRACT/LOT: 001 BLOCK: 005 Subdivision: 2 Govt Lot 11 3S 5E GALLATIN HODGEMAN CANYON SUBD TRACT/LOT: 005 BLOCK: 005 March 12, 2024 41H 139898-00 6 Page 2 of 2 Post Decree Abstract 2.18 3S 5E GALLATIN HODGEMAN CANYON SUBD TRACT/LOT: 006 BLOCK: 005 Subdivision: Total: 11 13.08 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. 139898-00 139899-00 139900-00 March 12, 2024 41H 150740-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM GALLATIN RIVER BASIN 41H 41H 150740-00 Water Right Number: Version: STATEMENT OF CLAIM 4 -- POST DECREE Status: ACTIVE Owners: DAVID BOS 4121 KENT SPUR RD BOZEMAN, MT 59718-8335 Priority Date: JUNE 30, 1868 Type of Historical Right: DECREED Purpose (Use): IRRIGATION FLOOD Irrigation Type: 1.25 CFS Flow Rate: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. *Volume: 4 - MODERATELY LOW Climatic Area: Maximum Acres: 300.00 Source Name: HYALITE CREEK SURFACE WATER Source Type: *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge SWSENW 14 3S 5E GALLATIN Sec 9 Twp 3S Rge 5E County GALLATIN Period of Diversion: APRIL 1 TO OCTOBER 15 Diversion Means: HEADGATE Ditch Name: B-F-K DITCH County APRIL 1 TO OCTOBER 15 Period of Use: Place of Use: ID 1 Acres 300.00 Total: Govt Lot Qtr Sec E2 300.00 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. 150739-00 150740-00 150741-00 150743-00 150744-00

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