Joseph P. Nelson; TRI G River Ranch LLC, Joseph P. Nelson

Annotate this Case

Download PDF

FILED 01/22/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41I-0054-R-2023 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 1-800-624-3270 (406) 586-4364 watercourt@mt.gov Lockman, Melissa 3.00 IN THE WATER COURT OF THE STATE OF MONTANA UPPER MISSOURI DIVISION MISSOURI RIVER ABOVE HOLTER DAM BASIN (41I) PRELIMINARY DECREE ******************** CLAIMANTS: Joseph P. Nelson; TRI G River Ranch LLC OBJECTOR: Joseph P. Nelson CASE 41I-0054-R-2023 41I 3863-00 41I 10680-00 41I 11137-00 41I 11139-00 41I 11140-00 41I 11141-00 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 Missouri River above Holter Dam (Basin 41I) issued on June 24, 2022. The claims are co-owned 1 by Joseph P. Nelson (Nelson) and Tri G River Ranch LLC. Nelson objected to each of the claims. The claims also received issue remarks. 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 41I 3863-00 and 41I 10680-00 1. Claim 41I 3863-00 appeared in the Basin 41I Preliminary Decree as a claim for sprinkler/flood irrigation. Claim 41I 10680-00 appeared in the Basin 41I Preliminary Decree as a claim for flood irrigation. Both claims appeared with the following place of use: Place of Use: ID Acres Sec Twp 9 9 5N 5N 2E BROADWATER 2E BROADWATER 110.00 SE 9 5N 2E BROADWATER 112.00 SW 9 5N 2E BROADWATER 40.00 125.00 3 4 Total: 2. Qtr Sec W2W2NE NW 1 2 Gort Lot R.e County 387.00 Both claims were decreed with a flow rate of 15.00 CFS and the following information remark: THE WATER RIGHTS FOLLOWING THIS STATEMENT HAVE AN UNDIVIDED INTEREST IN A SINGLE WATER RIGHT FOR 15.00 CFS . 411 3863-00,411 1068000. 3. The claims received the following issue remark: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT WERE FILED BY DIFFERENT PARTIES W HO CLAIM OVERLAPPING PLACES OF USE. 4113863-00, 41110680-00. 4. Nelson objected to both claims, stating: Clairnant objects to the Place of Use/Maximum Acres and Point of Diversion/Means of Diversion elements of this water right claim in order to address DNRC Issue Remarks and correct elements of the water right claim as additional issues arise during field investigation, discovery, or otherwise. 5. At the time the overlapping place of use issue remark was placed on the claim, claims 41I 3863-00 and 41I 10680-00 were owned by different parties. The claims are now owned by the same parties. 6. Nelson filed a statement indicating removal of the remark resolves his self- objections to the claims. (Doc. 1 2.00). Priority Date Issue Remark “Doc.” numerical references correlate to case file docket numbers in the Water Court’s Full Court case management system. 1 2 7. Claims 41I 11137-00, 41I 11139-00, 41I 11140-00, and 41I 11141-00 appeared in the Basin 41I Preliminary Decree as decreed rights with a priority date of May 23, 1869. The claims received the following issue remark: THE PRIORITY DATE IS QUESTIONABLE. CASE 921, BROADWATER COUNTY, DOES NOT SPECIFY A MONTH OR DAY BUT DECREED THE RIGHTS AS 'CONTEMPORANEOUS & WITHOUT PRIORITY AS BETWEEN SAID PARTIES'. THE CLAIMS FOLLOWING THIS STATEMENT ALL CLAIMED MAY 23, 1869. 41111117-00, 41111120-00, 41111121-00, 41111222-00, 41111123-00, 41111124-00, 411 11125-00, 41111126-00, 41111127-00, 41111128-00, 41111129-00, 41111130-00, 41111131-00, 411 11132-00, 41111133-00, 41111134-00, 41111135-00, 41111136-00, 41111137-00, 41111138-00, 411 11139-00, 41111140-00, 41111141-00, 41111142-00. 8. Nelson objected to claims 41I 11137-00, 41I 11139-00, 41I 11140-00, and 41I 11141-00, stating: Claimant objects to the Priority Date element of this water right claim in order to address the DNRC Issue Remark appearing on the claim and correct elements of the water right claim as additional issues arise during field investigation, discovery, or otherwise. 9. All of the rights were established by Case 921, Broadwater County claim the same priority date and no objections were filed to the priority date of claims 41I 11137-00, 41I 11139-00, 41I 11140-00, and 41I 11141-00 other than the self-objection filed by Nelson. 10. Nelson’s statement indicates that removal of the priority date issue remark and maintaining the priority date as May 23, 1869, resolves his self-objections. (Doc. 2.00). Notice-Type Issue Remarks 11. The claims received the following notice-type issue remarks: 41I 3863-00, 41I 10680-00 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 W ILL REMAIN AS THEY APPEAR ON THIS ABSTRACT AND THE REMARK WILL BE REMOVED FROM THE CLAIM. 41I 11137-00, 41I 11139-00, 41I 11140-00, 41I 11141-00 SOURCE NAME 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. 12. The issue remarks identify elements modified as a result of DNRC review pursuant to Montana Water Court reexamination orders. The remarks indicate that if no objections are filed, the elements of the claim will remain as they appear on the abstract and the remarks will be removed. None of the claims received objections. 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. 3 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). 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. CONCLUSIONS OF LAW 41I 3863-00 and 41I 10680-00 1. The overlapping place of use issue remark does not overcome the prima facie status of claims 41I 3863-00 and 41I 10680-00. The claims are now under common ownership. Removal of the remark resolves Nelson’s self-objections to the claims. Priority Date Issue Remark 2. The priority date issue remark does not overcome the prima facie status of claims 41I 11137-00, 41I 11139-00, 41I 11140-00, and 41I 11141-00. All of the rights were established by Case 921, Broadwater County claim the same priority date and no objections were filed to the priority date of claims 41I 11137-00, 41I 11139-00, 41I 11140-00, and 41I 11141-00 other than the self-objection filed by Nelson. Removal of 4 the issue remark from the claims resolves Nelson’s self-objections to claims 41I 1113700, 41I 11139-00, 41I 11140-00, and 41I 11141-00. Notice-Type Issue Remark 3. Each remark in Finding of Fact No. 11 provides notice of the changes made after completion of the Temporary Preliminary Decree proceedings and prior to issuance of the Preliminary Decree. The remarks do not raise unresolved issues that need to be addressed. No proceedings are required to resolve the remarks; the remarks should be removed from the abstracts. RECOMMENDATION 1. The issue remarks should be removed from the claim abstracts. A post decree abstract of each water right claim reflecting the recommended changes is attached to this Report. ELECTRONICALLY SIGNED AND DATED BELOW. Service via USPS Mail TRI G River Ranch LLC 8545 US Hwy 287 Townsend, MT 59644 Service via Electronic Mail Betsy R Story Parsons Behle & Latimer PO Box 104 Helena, MT 59624 (406) 410-5050 bstory@parsonsbehle.com ecf@parsonsbehle.com (atty Nelson) \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\41I PD\Cases\54\ML 41I-54 MR 12.20.23 VH.docx 5 Electronically Signed By: Hon. Judge Melissa Lockman Mon, Jan 22 2024 10:58:41 AM December 18, 2023 41I 3863-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, ABOVE HOLTER DAM BASIN 41I 41I 3863-00 Water Right Number: Version: STATEMENT OF CLAIM 4 -- POST DECREE ACTIVE Status: JOSEPH P NELSON Owners: PO BOX 1187 TOWNSEND, MT 59644 1187 TRI G RIVER RANCH LLC 8545 US HIGHWAY 287 TOWNSEND, MT 59644 9733 Priority Date: JULY 31, 1959 Type of Historical Right: USE Purpose (use): IRRIGATION SPRINKLER/FLOOD Irrigation Type: 15.00 CFS Flow Rate: THE WATER RIGHTS FOLLOWING THIS STATEMENT HAVE AN UNDIVIDED INTEREST IN A SINGLE WATER RIGHT FOR 15.00 CFS . 41I 3863-00,41I 10680-00. THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. *Volume: 3 - MODERATE Climatic Area: Maximum Acres: 387.00 Source Name: MISSOURI RIVER SURFACE WATER Source Type: *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge W2SW 9 5N 2E Period of Diversion: APRIL 1 TO OCTOBER 15 Diversion Means: PUMP County BROADWATER PUMP IS MOVEABLE ALL ALONG SOURCE WITHIN LEGAL LAND DESCRIPTION. APRIL 1 TO OCTOBER 15 Period of Use: Place of Use: ID 1 Acres 40.00 2 3 4 Total: Qtr Sec W2W2NE Sec 9 Twp 5N Rge 2E County BROADWATER 125.00 NW 9 5N 2E BROADWATER 110.00 SE 9 5N 2E BROADWATER 112.00 SW 9 5N 2E BROADWATER 387.00 Govt Lot December 18, 2023 41I 10680-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, ABOVE HOLTER DAM BASIN 41I 41I 10680-00 Water Right Number: Version: STATEMENT OF CLAIM 4 -- POST DECREE ACTIVE Status: JOSEPH P NELSON Owners: PO BOX 1187 TOWNSEND, MT 59644 1187 TRI G RIVER RANCH LLC 8545 US HIGHWAY 287 TOWNSEND, MT 59644 9733 Priority Date: JULY 31, 1959 Type of Historical Right: USE Purpose (use): IRRIGATION FLOOD Irrigation Type: 15.00 CFS Flow Rate: THE WATER RIGHTS FOLLOWING THIS STATEMENT HAVE AN UNDIVIDED INTEREST IN A SINGLE WATER RIGHT FOR 15.0 CFS . 41I 3863-00, 41I 10680-00. THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. *Volume: 3 - MODERATE Climatic Area: Maximum Acres: 387.00 Source Name: MISSOURI RIVER SURFACE WATER Source Type: *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge W2SW 9 5N 2E Period of Diversion: APRIL 1 TO OCTOBER 15 Diversion Means: PUMP County BROADWATER PUMP IS MOVEABLE ALL ALONG SOURCE WITHIN LEGAL LAND DESCRIPTION. APRIL 1 TO OCTOBER 15 Period of Use: Place of Use: ID 1 Acres 40.00 2 3 4 Total: Qtr Sec W2W2NE Sec 9 Twp 5N Rge 2E County BROADWATER 125.00 NW 9 5N 2E BROADWATER 110.00 SE 9 5N 2E BROADWATER 112.00 SW 9 5N 2E BROADWATER 387.00 Govt Lot December 18, 2023 41I 11137-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, ABOVE HOLTER DAM BASIN 41I 41I 11137-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: JOSEPH P NELSON Owners: PO BOX 1187 TOWNSEND, MT 59644 1187 TRI G RIVER RANCH LLC 8545 US HIGHWAY 287 TOWNSEND, MT 59644 9733 Priority Date: MAY 23, 1869 Type of Historical Right: DECREED Purpose (use): IRRIGATION FLOOD Irrigation Type: 3.72 CFS Flow Rate: THIS RIGHT IS FOR 1/14 THE FLOW OF BIG SPRINGS AS DESCRIBED IN CASE NO. 921 , BROADWATER COUNTY. THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. *Volume: 3 - MODERATE Climatic Area: 251.00 Maximum Acres: SPRING, BIG SPRINGS *Source Name: GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge NWSESE 6 4N 3E BROADWATER Qtr Sec SENE Sec 9 Twp 5N Rge 2E County BROADWATER Period of Diversion: APRIL 1 TO NOVEMBER 15 Diversion Means: HEADGATE Ditch Name: BIG SPRINGS DITCH County APRIL 1 TO NOVEMBER 15 Period of Use: Place of Use: ID 1 Acres 40.00 2 20.00 E2SWNE 9 5N 2E BROADWATER 3 31.00 N2SE 9 5N 2E BROADWATER 4 40.00 SWNW 10 5N 2E BROADWATER 5 40.00 NWSE 10 5N 2E BROADWATER 6 80.00 N2SW 10 5N 2E BROADWATER Total: 251.00 Govt Lot December 18, 2023 41I 11137-00 Page 2 of 2 Post Decree Abstract 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. 11137-00 11138-00 11139-00 December 18, 2023 41I 11139-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, ABOVE HOLTER DAM BASIN 41I 41I 11139-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: JOSEPH P NELSON Owners: PO BOX 1187 TOWNSEND, MT 59644 1187 TRI G RIVER RANCH LLC 8545 US HIGHWAY 287 TOWNSEND, MT 59644 9733 Priority Date: MAY 23, 1869 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: SPRING, BIG SPRINGS GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Twp Rge NWSESE 6 4N 3E BROADWATER Qtr Sec NE Sec 9 Twp 5N Rge 2E County BROADWATER 2 SE 9 5N 2E BROADWATER 3 NW 10 5N 2E BROADWATER 4 SE 10 5N 2E BROADWATER 5 SW 10 5N 2E BROADWATER 1 Period of Diversion: APRIL 1 TO NOVEMBER 15 Diversion Means: HEADGATE Ditch Name: BIG SPRINGS DITCH County APRIL 1 TO NOVEMBER 15 Period of Use: Place of Use: ID 1 Remarks: Acres Govt Lot December 18, 2023 41I 11139-00 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. 11137-00 11138-00 11139-00 December 18, 2023 41I 11140-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, ABOVE HOLTER DAM BASIN 41I 41I 11140-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: JOSEPH P NELSON Owners: PO BOX 1187 TOWNSEND, MT 59644 1187 TRI G RIVER RANCH LLC 8545 US HIGHWAY 287 TOWNSEND, MT 59644 9733 Priority Date: MAY 23, 1869 Type of Historical Right: DECREED Purpose (use): IRRIGATION FLOOD Irrigation Type: 3.72 CFS Flow Rate: THIS RIGHT IS FOR 1/14 THE FLOW OF BIG SPRINGS AS DESCRIBED IN CASE NO. 921 , BROADWATER COUNTY. THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. *Volume: 3 - MODERATE Climatic Area: *Maximum Acres: 212.00 *Source Name: SPRING, BIG SPRINGS GROUNDWATER Source Type: CONTRACT WATER FROM THE BROADWATER MISSOURI WATER USERS ASSOCIATION IS USED TO SUPPLEMENT THIS WATER RIGHT. Point of Diversion and Means of Diversion: ID Govt Lot 1 Period of Diversion: Qtr Sec Sec Twp Rge County NWSESE 6 4N 3E BROADWATER Qtr Sec N2NE Sec 9 Twp 5N Rge 2E County BROADWATER APRIL 1 TO NOVEMBER 15 Diversion Means: HEADGATE Ditch Name: BIG SPRINGS DITCH APRIL 1 TO NOVEMBER 15 Period of Use: *Place of Use: ID 1 Acres 60.00 2 40.00 NWNW 10 5N 2E BROADWATER 3 32.00 SWSE 10 5N 2E BROADWATER 4 80.00 S2SW 10 5N 2E BROADWATER Total: 212.00 Govt Lot December 18, 2023 41I 11140-00 Page 2 of 2 Post Decree Abstract 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. 11140-00 11141-00 11142-00 December 18, 2023 41I 11141-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, ABOVE HOLTER DAM BASIN 41I 41I 11141-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: ACTIVE Status: JOSEPH P NELSON Owners: PO BOX 1187 TOWNSEND, MT 59644 1187 TRI G RIVER RANCH LLC 8545 US HIGHWAY 287 TOWNSEND, MT 59644 9733 Priority Date: MAY 23, 1869 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: SPRING, BIG SPRINGS GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge NWSESE 6 4N 3E BROADWATER Sec 9 Twp 5N Rge 2E County BROADWATER 9 5N 2E BROADWATER Period of Diversion: APRIL 1 TO NOVEMBER 15 Diversion Means: HEADGATE Ditch Name: BIG SPRINGS DITCH County APRIL 1 TO NOVEMBER 15 Period of Use: Place of Use: ID 1 2 Acres Govt Lot 4 Qtr Sec 5 3 NENE 9 5N 2E BROADWATER 4 E2NWNE 9 5N 2E BROADWATER 5 W2NWSE 9 5N 2E BROADWATER 6 S2SE 9 5N 2E BROADWATER 7 NESW 9 5N 2E BROADWATER 8 NWNW 10 5N 2E BROADWATER 9 S2S2 10 5N 2E BROADWATER December 18, 2023 41I 11141-00 Page 2 of 2 Post Decree Abstract 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. 11140-00 11141-00 11142-00

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

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