Tee Bar Ranch Co., Tee Bar Ranch Co.

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FILED 01/31/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41K-0062-R-2023 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 1-800-624-3270 (406) 586-4364 watercourt@mt.gov White, Eugene 6.00 IN THE WATER COURT OF THE STATE OF MONTANA UPPER MISSOURI DIVISION SUN RIVER BASIN (41K) PRELIMINARY DECREE ******************** CLAIMANT: Tee Bar Ranch Co. CASE 41K-0062-R-2023 41K 96516-00 41K 96519-00 41K 96520-00 41K 96527-00 41K 96573-00 41K 96580-00 41K 96583-00 OBJECTOR: Tee Bar Ranch Co. 41K 96585-00 41K 96586-00 41K 96587-00 41K 96589-00 41K 96590-00 41K 96591-00 41K 96592-00 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 All water right claims that appeared in the Preliminary Decree for Sun River (Basin 41K) were subject to “issue remarks” resulting from pre-decree examination by 1 the DNRC, objections, and counterobjections. Each of the above-captioned claims received a self-objection from Claimant Tee Bar Ranch Co. (“Tee Bar”), and each of the claims received issue remarks during the DNRC’s review of the claims. The claims were consolidated into Case 41K-0062-R-2023 and a filing deadline was issued by the Court to resolve the self-objections and issue remarks. FINDINGS OF FACT 1. Claim 41K 96527-00 received the following substantive issue remarks: PLACE OF USE ID NO. 2 IS NOT NECESSARY AND CAN BE REMOVED FROM THIS WATER RIGHT. POINT OF DIVERSION NO. 2 IS NOT NECESSARY AND CAN BE REMOVED FROM THIS WATER RIGHT. Claim 41K 96573-00 received the following substantive issue remark: THE POINT OF DIVERSION APPEARS TO BE INCORRECT. THE POINT OF DIVERSION APPEARS TO BE IN THE SENWSW SEC 35 TWP 20N RGE 7W LEWIS AND CLARK COUNTY. Claim 41K 96585-00 received the following substantive issue remark: THE POINT OF DIVERSION APPEARS TO BE INCORRECT. THE POINT OF DIVERSION APPEARS TO BE IN THE SENWSW SEC 35 TWP 20N RGE 7W LEWIS AND CLARK COUNTY. Claim 41K 96586-00 received the following substantive issue remark: THE POINT OF DIVERSION APPEARS TO BE INCORRECT. THE POINT OF DIVERSION APPEARS TO BE IN THE SENWSW SEC 35 TWP 20N RGE 7W LEWIS AND CLARK COUNTY. Claim 41K 96587-00 received the following substantive issue remark: THE POINT OF DIVERSION APPEARS TO BE INCORRECT. THE POINT OF DIVERSION APPEARS TO BE IN THE SENWSW SEC 35 TWP 20N RGE 7W LEWIS AND CLARK COUNTY. Claim 41K 96589-00 received the following substantive issue remark: THE POINT OF DIVERSION APPEARS TO BE INCORRECT. THE POINT OF DIVERSION APPEARS TO BE IN THE SENWSW SEC 35 TWP 20N RGE 7W LEWIS AND CLARK COUNTY. 2 2. On October 4, 2023, claimant/objector Tee Bar filed an Unopposed Filing of Information to Resolve Self-Objections and Issue Remarks (“Notice”). The Notice addresses first the self-objections to the above-captioned claims stating that the place of use legal land descriptions were overbroad and should be refined to reflect historical usage more accurately. Additionally, the self-objections request the addition of a place of use information remark to many of the claims stating that “The place of use is located west of Highway 435.” The Notice goes on to state that because claims 41K 96585-00, 41K 96586-00, 41K 96587-00, and 41K 96589-00 were previously adjudicated in Water Court Case 41K-170, and the legal land descriptions for the place of use were previously stipulated, Tee Bar requests the addition of two information remarks regarding clarification to the place of use. Tee Bar attached proposed abstracts 1 to the Notice which echo the proposed modifications requested by the Notice to resolve the self-objections and issue remarks. The proposed modifications found in the Notice are as follows: 41K 96516-00, 41K 96580-00, 41K 96583-00, 41K 96590-00, and 41K 96591-00 a. Thc place of use should be modified, as follows: ID 1 2 3 42 5J Acres 40.00 4-40A0 40.00 60.00 40.00 20.00 Qtf Sec NENE N-2 SENW S2NE NESW NWSE Sec 19 19 19 19 19 Twp 20N 20N 20N 20N 20N Rge 6W 6W 6W 6W 6W County Lewis and Clark Lewis and Clark Lewis and Clark Lewis and Clark Lewis and Clark Total: 200.00 b. The following place of use remark should be added: "The place of use is located west of Highway 435." The proposed abstracts attached to the Notice filed by Tee Bar display incorrect basin headings denoting Basin 76D, however, substantively, the abstracts display the correct information corresponding to the claim number and information for the above-captioned Basin 41K claims. Thus, the Court relied on the proposed modifications appearing in the proposed abstract for the substance of this Master’s Report. 1 3 41K 96519-00 a. The place of use should be modified, as follows: ID 1 2 Acres 285.00 158.00 260.00 at!. Sec S2 N2N2 Sec 24 25 SWNE S2NW N2SW SWSW NZNENE NWNW SW 34.00 3 68.00 4 5-3 45.00 40,0-0 15.00 6 7-4 25.00 85 15.00 9 6 60.00 Total: 705.00 Rge 7W 7W Twp 20N 20N 25 25 25 25 26 30 19 20N 20N 20N 20N 20N 20N 20N 7W 7W 7W 7W 7W 6W 6W County Lewis and Clark Lewis and Clark Lewis and Clark Lewis and Clark Lewis and Clark Lewis and Clark Lewis and Clark Lewis and Clark Lewis and Clark b. The following place of use remark should be added: "The place of use is located west of Highway 435." 41K 96520-00 2 a. The place of use should be modified, as follows: ID 1 2 3 42 Qtr Sec W2W2 E2NW NE2SW W2W2 Sec 25 25 Twp 20N 20N Rge 7W 7W County Lewis and Clark Lewis and Clark 25 24 20N 20N 7W 7W Lewis and Clark Lewis and Clark b. The following place of use remark should be added: "The place of use is located west of Highway 435." 2 The modification for place of use No. 3 for claim 41K 96520-00, shown above, appears as NE2SW, however, on the proposed abstract, it appears correctly as NESW. The Court relied on the proposed abstract for the modification to point of diversion No. 3 for claim 41K 96520-00 rather than the graphic depicted above. 4 41K 96527-00 a. The points of diversion should be modified, as follows: ID Qtr Sec Twp Sec 1 NE 2 19N Period of Diversion: January 1 to December 31 Diversion Means: Livestock Direct from Source Rge 7W County Lewis and Clark 2 E2NW 2 19N 7W PeFied-of-DiveFsioni-JaBefir l-te-Deeember--31 DiveFsien-MeansLivesteek-Dir-eet-fFem-Seur-ee Lcwis and Clark 32 2 19N SE Period of Diversion: January 1 to December 31 Diversion Means: Livestock Direct from Source 7W Lewis and Clark 43 S2SW 2 19N Period of Diversion: January 1 to December 31 Diversion Means: Livestock Direct from Source 7W Lewis and Clark SESE 35 19N 54 Period of Diversion: January 1 to December 31 Diversion Means: Livestock Direct from Source 7W Lewis and Clark b. The place of use should be modified, as follows: ID 1 2 32 43 54 Qtr Sec NE E2NW SE S2SW SESE Sec 2 2 2 2 35 Twp 19N 19N 19N 19N 19N 41K 96573-00 5 lI m 7W 7W 7W 7W 7W County Lewis and Clark Lcwis and Clark Lewis and Clark Lewis and Clark Lewis and Clark a. The source should be modified to "Unnamed Tributary of Elk Creek, also known as Be11 Flat Drainage." h. The points of diversion should be modified, as follows: ID Qtr Sec Sec Twp 1 NWSESE 24 20N Period of Diversion: April 1 to October 31 Diversion Means: Headgate Diteh-Name-Vaughn-Ditell Rge 7W County Lewis and Clark c. The place of use should be modified, as follows: ID Acres 1 40.00 40.00 442.00 2. 60.00 3 4 a 20.00 5-4 40.00 28.00 Total: 200.00 Qtr Sec NESW NENE S2NE NWSE SENW Sec 19 19 19 19 19 Twp 20N 20N 20N 20N 20N Rge 6W 6W 6W 6W 6W County Lewis and Clark Lewis and Clark Lewis and Clark Lewis and Clark Lewis and Clark d. The following place of use remark should be added: "The place of use is located west of Highway 435." 41K 96585-00, 41K 96586-00, 41K 96587-00, and 41K 96589-00 a. The point of diversion should be modified, as follows: ID Qtr Sec Twp Sec 1 SWINIESW SENWSW 35 20N Period of Diversion: April 1 to November 1 Diversion Means: Headgate Ditch Name: Vaughn Ditch Rge 7W County Lewis and Clark b. Both of the following place of use remarks should be added: i. ii. "The place of use is located west of Highway 435." "The water right is not appurtenant to the SENE of Section 25, T2ON R7W." 41K 96592-00 a. The following place of use remark should be added: "The place of use is located east of Highway 435." 3. Claims 41K 96516-00, 41K 96519-00, 41K 96520-00, 41K 96573-00, 41K 96580-00, 41K 96583-00, 41K 96585-00, 41K 96586-00, 41K 96587-00, 41K 96589-00, 6 41K 96590-00, 41K 96591-00, and 41K 96592-00 received notice-type issue remarks denoting modifications made during the DNRC claims reexamination. 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). 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 1. The proposed modifications contained in Tee Bar’s Notice resolve the self- objections and issue remarks appearing on each claim. Based on the information contained in the Notice, the claims should be modified as described in Finding of Fact No. 2. The issue remarks should be removed, and the self-objections considered resolved. 7 2. The notice-type issue remarks appearing on claims 41K 96516-00, 41K 96519-00, 41K 96520-00, 41K 96573-00, 41K 96580-00, 41K 96583-00, 41K 96585-00, 41K 96586-00, 41K 96587-00, 41K 96589-00, 41K 96590-00, 41K 96591-00, and 41K 96592-00 served their notice purpose and should be removed from the claims. RECOMMENDATIONS Based on the foregoing Findings of Fact and Conclusions of Law, this Master recommends that the Court modify the claims as described in Finding of Fact No. 2 and remove all issue remarks from the claims. Post decree abstracts of the water right claims reflecting the recommended changes are attached to this Report. ELECTRONICALLY SIGNED AND DATED BELOW. Service Via Electronic Mail: Ryan McLane William Driscoll FRANZ & DRISCOLL, PLLP PO Box 1155 Helena, MT 59624-1155 (406) 442-0005 Ryan@franzdriscoll.com Office@franzdriscoll.com WPD@franzdriscoll.com 8 Electronically Signed By: Hon. Judge Eugene White Wed, Jan 31 2024 01:05:26 PM \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\41K PD\41K Cases\62\41K-0062-R-2023 MR (multiple claims, response resolved self objections and IRs) 1-18-24 jbc.docx 9 January 30, 2024 41K 96516-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM SUN RIVER BASIN 41K 41K 96516-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: TEE BAR RANCH CO PO BOX 389 AUGUSTA, MT 59410 Priority Date: JANUARY 1, 1945 Type of Historical Right: FILED Purpose (Use): IRRIGATION FLOOD Irrigation Type: *Flow Rate: 9.75 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: 200.00 *Maximum Acres: ELK CREEK Source Name: SURFACE WATER Source Type: ALSO KNOWN AS SUN RIVER, SOUTH FORK Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NENENW 30 20N 6W LEWIS AND CLARK Period of Diversion: APRIL 1 TO NOVEMBER 1 Diversion Means: HEADGATE Ditch Name: MOSHER DITCH APRIL 1 TO NOVEMBER 1 Period of Use: THIS CLAIM IS A HIGH OR FLOOD WATER RIGHT THAT IS ONLY AVAILABLE FOR USE DURING PERIODS OF HIGH FLOW. *Place of Use: ID 1 Acres 40.00 2 Qtr Sec NENE Sec 19 Twp 20N Rge 6W County LEWIS AND CLARK 40.00 SENW 19 20N 6W LEWIS AND CLARK 3 60.00 S2NE 19 20N 6W LEWIS AND CLARK 4 40.00 NESW 19 20N 6W LEWIS AND CLARK 5 20.00 NWSE 19 20N 6W LEWIS AND CLARK Total: Govt Lot 200.00 THE PLACE OF USE IS LOCATED WEST OF HIGHWAY 435 Remarks: January 30, 2024 41K 96516-00 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. 96516-00 96591-00 96573-00 96579-00 96580-00 96583-00 96590-00 January 30, 2024 41K 96519-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM SUN RIVER BASIN 41K 41K 96519-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE TEE BAR RANCH CO PO BOX 389 AUGUSTA, MT 59410 Owners: JANUARY 1, 1912 *Priority Date: Type of Historical Right: FILED Purpose (Use): IRRIGATION FLOOD Irrigation Type: *Flow Rate: 15.35 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: 705.00 *Maximum Acres: SMITH 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 35 20N 7W LEWIS AND CLARK Qtr Sec S2 Sec 24 Twp 20N Rge 7W County LEWIS AND CLARK Period of Diversion: APRIL 1 TO NOVEMBER 1 Diversion Means: HEADGATE Ditch Name: VAUGHN DITCH APRIL 1 TO NOVEMBER 1 Period of Use: *Place of Use: ID 1 Acres 285.00 2 158.00 N2N2 25 20N 7W LEWIS AND CLARK 3 34.00 SWNE 25 20N 7W LEWIS AND CLARK 4 68.00 S2NW 25 20N 7W LEWIS AND CLARK 5 45.00 N2SW 25 20N 7W LEWIS AND CLARK 6 15.00 SWSW 25 20N 7W LEWIS AND CLARK 7 25.00 NENE 26 20N 7W LEWIS AND CLARK 8 15.00 NWNW 30 20N 6W LEWIS AND CLARK 9 60.00 SW 19 20N 6W LEWIS AND CLARK Total: Govt Lot 705.00 THE PLACE OF USE IS LOCATED WEST OF HIGHWAY 435 Remarks: January 30, 2024 41K 96519-00 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. 96519-00 96589-00 96553-00 96584-00 96585-00 96586-00 96587-00 January 30, 2024 41K 96520-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM SUN RIVER BASIN 41K 41K 96520-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: *Owners: TEE BAR RANCH CO PO BOX 389 AUGUSTA, MT 59410 *Priority Date: JANUARY 1, 1868 ACTIVE Type of Historical Right: FILED 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: SMITH CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Twp Rge County SENWSW 35 20N 7W LEWIS AND CLARK Qtr Sec W2W2 Sec 25 Twp 20N Rge 7W County LEWIS AND CLARK 2 E2NW 25 20N 7W LEWIS AND CLARK 3 NESW 25 20N 7W LEWIS AND CLARK 4 W2W2 24 20N 7W LEWIS AND CLARK 1 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: HEADGATE Ditch Name: VAUGHN DITCH JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot THE PLACE OF USE IS LOCATED WEST OF HIGHWAY 435 January 30, 2024 41K 96527-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM SUN RIVER BASIN 41K 41K 96527-00 Water Right Number: Version: STATEMENT OF CLAIM 4 -- POST DECREE Status: ACTIVE TEE BAR RANCH CO PO BOX 389 AUGUSTA, MT 59410 Owners: JANUARY 1, 1868 *Priority Date: Type of Historical Right: FILED 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: ELK CREEK SURFACE WATER Source Type: *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NE 2 19N 7W LEWIS AND CLARK 19N 7W LEWIS AND CLARK 19N 7W LEWIS AND CLARK 20N 7W LEWIS AND CLARK Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 2 Period of Diversion: SE 2 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE Diversion Means: 3 S2SW 2 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 4 Period of Diversion: SESE 35 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE Diversion Means: JANUARY 1 TO DECEMBER 31 Period of Use: *Place of Use: ID 1 Acres Govt Lot Qtr Sec NE Sec 2 Twp 19N Rge 7W County LEWIS AND CLARK 2 SE 2 19N 7W LEWIS AND CLARK 3 S2SW 2 19N 7W LEWIS AND CLARK 4 SESE 35 20N 7W LEWIS AND CLARK January 30, 2024 41K 96573-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM SUN RIVER BASIN 41K 41K 96573-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: TEE BAR RANCH CO PO BOX 389 AUGUSTA, MT 59410 Priority Date: JUNE 1, 1945 Type of Historical Right: USE Purpose (Use): IRRIGATION FLOOD Irrigation Type: 7.50 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: 200.00 Source Name: UNNAMED TRIBUTARY OF ELK CREEK SURFACE WATER Source Type: ALSO KNOWN AS BELL FLAT DRAINAGE Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWSESE 24 20N 7W LEWIS AND CLARK Qtr Sec NESW Sec 19 Twp 20N Rge 6W County LEWIS AND CLARK NENE 19 20N 6W LEWIS AND CLARK Period of Diversion: APRIL 1 TO OCTOBER 31 Diversion Means: HEADGATE APRIL 1 TO OCTOBER 31 Period of Use: Place of Use: ID 1 Acres 40.00 2 40.00 3 60.00 S2NE 19 20N 6W LEWIS AND CLARK 4 20.00 NWSE 19 20N 6W LEWIS AND CLARK 5 40.00 SENW 19 20N 6W LEWIS AND CLARK Total: Govt Lot 200.00 THE PLACE OF USE IS LOCATED WEST OF HIGHWAY 435 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. January 30, 2024 41K 96573-00 96516-00 96591-00 Page 2 of 2 Post Decree Abstract 96573-00 96579-00 96580-00 96583-00 96590-00 January 30, 2024 41K 96580-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM SUN RIVER BASIN 41K 41K 96580-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: TEE BAR RANCH CO PO BOX 389 AUGUSTA, MT 59410 *Owners: Priority Date: APRIL 1, 1875 Type of Historical Right: DECREED Purpose (Use): IRRIGATION FLOOD Irrigation Type: 1.00 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: 200.00 Source Name: ELK CREEK SURFACE WATER Source Type: ALSO KNOWN AS SUN RIVER, SOUTH FORK. Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NENENW 30 20N 6W LEWIS AND CLARK Qtr Sec NENE Sec 19 Twp 20N Rge 6W County LEWIS AND CLARK Period of Diversion: APRIL 1 TO NOVEMBER 1 Diversion Means: HEADGATE Ditch Name: MOSHER DITCH APRIL 1 TO NOVEMBER 1 Period of Use: *Place of Use: ID 1 Acres 40.00 2 40.00 SENW 19 20N 6W LEWIS AND CLARK 3 60.00 S2NE 19 20N 6W LEWIS AND CLARK 4 40.00 NESW 19 20N 6W LEWIS AND CLARK 5 20.00 NWSE 19 20N 6W LEWIS AND CLARK Total: Govt Lot 200.00 THE PLACE OF USE IS LOCATED WEST OF HIGHWAY 435 Remarks: January 30, 2024 41K 96580-00 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. 96516-00 96591-00 96573-00 96579-00 96580-00 96583-00 96590-00 January 30, 2024 41K 96583-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM SUN RIVER BASIN 41K 41K 96583-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: TEE BAR RANCH CO PO BOX 389 AUGUSTA, MT 59410 *Owners: Priority Date: APRIL 1, 1871 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: 200.00 Source Name: ELK CREEK SURFACE WATER Source Type: ALSO KNOWN AS SUN RIVER, SOUTH FORK. Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NENENW 30 20N 6W LEWIS AND CLARK Qtr Sec NENE Sec 19 Twp 20N Rge 6W County LEWIS AND CLARK Period of Diversion: APRIL 1 TO NOVEMBER 1 Diversion Means: HEADGATE Ditch Name: MOSHER DITCH APRIL 1 TO NOVEMBER 1 Period of Use: *Place of Use: ID 1 Acres 40.00 2 40.00 SENW 19 20N 6W LEWIS AND CLARK 3 60.00 S2NE 19 20N 6W LEWIS AND CLARK 4 40.00 NESW 19 20N 6W LEWIS AND CLARK 5 20.00 NWSE 19 20N 6W LEWIS AND CLARK Total: Govt Lot 200.00 THE PLACE OF USE IS LOCATED WEST OF HIGHWAY 435 Remarks: January 30, 2024 41K 96583-00 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. 96516-00 96591-00 96573-00 96579-00 96580-00 96583-00 96590-00 January 30, 2024 41K 96585-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM SUN RIVER BASIN 41K Water Right Number: 41K 96585-00 Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: TEE BAR RANCH CO PO BOX 389 AUGUSTA, MT 59410 Priority Date: SEPTEMBER 15, 1886 Type of Historical Right: DECREED Purpose (Use): IRRIGATION FLOOD Irrigation Type: *Flow Rate: 4.50 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: *Maximum Acres: 300.00 *Source Name: SMITH CREEK SURFACE WATER Source Type: *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SENWSW 35 20N 7W LEWIS AND CLARK Qtr Sec S2 Sec 24 Twp 20N Rge 7W County LEWIS AND CLARK N2 25 20N 7W LEWIS AND CLARK Period of Diversion: APRIL 1 TO NOVEMBER 1 Diversion Means: HEADGATE Ditch Name: VAUGHN DITCH APRIL 1 TO NOVEMBER 1 Period of Use: *Place of Use: ID 1 Acres 150.00 2 150.00 Total: Govt Lot 300.00 THE PLACE OF USE IS LOCATED WEST OF HIGHWAY 435 THIS WATER RIGHT IS NOT APPURTENANT TO THE SENE OF SECTION 25, T20N, R7W 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. January 30, 2024 41K 96585-00 96519-00 96589-00 Page 2 of 2 Post Decree Abstract 96553-00 96584-00 96585-00 96586-00 96587-00 January 30, 2024 41K 96586-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM SUN RIVER BASIN 41K Water Right Number: 41K 96586-00 Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: Owners: TEE BAR RANCH CO PO BOX 389 AUGUSTA, MT 59410 Priority Date: MARCH 31, 1871 Type of Historical Right: DECREED Purpose (Use): IRRIGATION ACTIVE FLOOD Irrigation Type: 3.25 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: SMITH CREEK SURFACE WATER Source Type: *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SENWSW 35 20N 7W LEWIS AND CLARK Qtr Sec S2 Sec 24 Twp 20N Rge 7W County LEWIS AND CLARK N2 25 20N 7W LEWIS AND CLARK Period of Diversion: APRIL 1 TO NOVEMBER 1 Diversion Means: HEADGATE Ditch Name: VAUGHN DITCH APRIL 1 TO NOVEMBER 1 Period of Use: *Place of Use: ID 1 Acres 150.00 2 150.00 Total: Govt Lot 300.00 THE PLACE OF USE IS LOCATED WEST OF HIGHWAY 435 THIS WATER RIGHT IS NOT APPURTENANT TO THE SENE OF SECTION 25, T20N, R7W 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. January 30, 2024 41K 96586-00 96519-00 96589-00 Page 2 of 2 Post Decree Abstract 96553-00 96584-00 96585-00 96586-00 96587-00 January 30, 2024 41K 96587-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM SUN RIVER BASIN 41K Water Right Number: 41K 96587-00 Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: Owners: TEE BAR RANCH CO PO BOX 389 AUGUSTA, MT 59410 Priority Date: MAY 1, 1881 Type of Historical Right: DECREED Purpose (Use): IRRIGATION ACTIVE 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: SMITH CREEK SURFACE WATER Source Type: *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SENWSW 35 20N 7W LEWIS AND CLARK Qtr Sec S2 Sec 24 Twp 20N Rge 7W County LEWIS AND CLARK N2 25 20N 7W LEWIS AND CLARK Period of Diversion: APRIL 1 TO NOVEMBER 1 Diversion Means: HEADGATE Ditch Name: VAUGHN DITCH APRIL 1 TO NOVEMBER 1 Period of Use: *Place of Use: ID 1 Acres 150.00 2 150.00 Total: Govt Lot 300.00 THE PLACE OF USE IS LOCATED WEST OF HIGHWAY 435 THIS WATER RIGHT IS NOT APPURTENANT TO THE SENE OF SECTION 25, T20N, R7W 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. January 30, 2024 41K 96587-00 96519-00 96589-00 Page 2 of 2 Post Decree Abstract 96553-00 96584-00 96585-00 96586-00 96587-00 January 30, 2024 41K 96589-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM SUN RIVER BASIN 41K Water Right Number: 41K 96589-00 Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: TEE BAR RANCH CO PO BOX 389 AUGUSTA, MT 59410 Priority Date: SEPTEMBER 15, 1886 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: SMITH CREEK SURFACE WATER Source Type: *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SENWSW 35 20N 7W LEWIS AND CLARK Qtr Sec S2 Sec 24 Twp 20N Rge 7W County LEWIS AND CLARK N2 25 20N 7W LEWIS AND CLARK Period of Diversion: APRIL 1 TO NOVEMBER 1 Diversion Means: HEADGATE Ditch Name: VAUGHN DITCH APRIL 1 TO NOVEMBER 1 Period of Use: Place of Use: ID 1 Acres 150.00 2 150.00 Total: Govt Lot 300.00 THE PLACE OF USE IS LOCATED WEST OF HIGHWAY 435 THIS WATER RIGHT IS NOT APPURTENANT TO THE SENE OF SECTION 25, T20N, R7W 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. January 30, 2024 41K 96589-00 96519-00 96589-00 Page 2 of 2 Post Decree Abstract 96553-00 96584-00 96585-00 96586-00 96587-00 January 30, 2024 41K 96590-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM SUN RIVER BASIN 41K 41K 96590-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: TEE BAR RANCH CO PO BOX 389 AUGUSTA, MT 59410 *Owners: Priority Date: APRIL 1, 1871 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: 200.00 Source Name: ELK CREEK SURFACE WATER Source Type: ALSO KNOWN AS SUN RIVER, SOUTH FORK. Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NENENW 30 20N 6W LEWIS AND CLARK Qtr Sec NENE Sec 19 Twp 20N Rge 6W County LEWIS AND CLARK Period of Diversion: APRIL 1 TO NOVEMBER 1 Diversion Means: HEADGATE Ditch Name: MOSHER DITCH APRIL 1 TO NOVEMBER 1 Period of Use: *Place of Use: ID 1 Acres 40.00 2 40.00 SENW 19 20N 6W LEWIS AND CLARK 3 60.00 S2NE 19 20N 6W LEWIS AND CLARK 4 40.00 NESW 19 20N 6W LEWIS AND CLARK 5 20.00 NWSE 19 20N 6W LEWIS AND CLARK Total: Govt Lot 200.00 THE PLACE OF USE IS LOCATED WEST OF HIGHWAY 435 Remarks: January 30, 2024 41K 96590-00 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. 96516-00 96591-00 96573-00 96579-00 96580-00 96583-00 96590-00 January 30, 2024 41K 96591-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM SUN RIVER BASIN 41K 41K 96591-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: TEE BAR RANCH CO PO BOX 389 AUGUSTA, MT 59410 *Owners: Priority Date: MAY 31, 1890 Type of Historical Right: DECREED Purpose (Use): IRRIGATION FLOOD Irrigation Type: 1.00 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: 200.00 Source Name: ELK CREEK SURFACE WATER Source Type: ALSO KNOWN AS SUN RIVER, SOUTH FORK. Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NENENW 30 20N 6W LEWIS AND CLARK Qtr Sec NENE Sec 19 Twp 20N Rge 6W County LEWIS AND CLARK Period of Diversion: APRIL 1 TO NOVEMBER 1 Diversion Means: HEADGATE Ditch Name: MOSHER DITCH APRIL 1 TO NOVEMBER 1 Period of Use: *Place of Use: ID 1 Acres 40.00 2 40.00 SENW 19 20N 6W LEWIS AND CLARK 3 60.00 S2NE 19 20N 6W LEWIS AND CLARK 4 40.00 NESW 19 20N 6W LEWIS AND CLARK 5 20.00 NWSE 19 20N 6W LEWIS AND CLARK Total: Govt Lot 200.00 THE PLACE OF USE IS LOCATED WEST OF HIGHWAY 435 Remarks: January 30, 2024 41K 96591-00 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. 96516-00 96591-00 96573-00 96579-00 96580-00 96583-00 96590-00 January 30, 2024 41K 96592-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM SUN RIVER BASIN 41K 41K 96592-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: TEE BAR RANCH CO PO BOX 389 AUGUSTA, MT 59410 Priority Date: JUNE 1, 1883 Type of Historical Right: DECREED Purpose (Use): IRRIGATION FLOOD Irrigation Type: *Flow Rate: 1.25 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: Maximum Acres: 20.00 Source Name: ELK CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NESWNE 2 19N 7W LEWIS AND CLARK Qtr Sec E2SE Sec 35 Twp 20N Rge 7W County LEWIS AND CLARK W2SW 36 20N 7W LEWIS AND CLARK Period of Diversion: APRIL 1 TO NOVEMBER 1 Diversion Means: HEADGATE Ditch Name: MOSHER-BOHLER DITCH APRIL 1 TO NOVEMBER 1 Period of Use: Place of Use: ID 1 Acres 10.00 2 10.00 Total: Govt Lot 20.00 THE PLACE OF USE IS LOCATED EAST OF HIGHWAY 435 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. 96577-00 96592-00 96593-00

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