Clayton R. Busch; Joyce C. Busch, Clayton R. Busch S

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FILED 03/14/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: Rebecca __________________ Rodgers 41S-0022-R-2024 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 1-800-624-3270 (406) 586-4364 watercourt@mt.gov Block, Nathaniel 1.00 IN THE WATER COURT OF THE STATE OF MONTANA LOWER MISSOURI DIVISION JUDITH RIVER BASIN (41S) PRELIMINARY DECREE ************************* CLAIMANTS: Clayton R. Busch; Joyce C. Busch OBJECTOR: Clayton R. Busch CASE 41S-0022-R-2024 41S 10486-00 41S 10487-00 41S 10488-00 41S 10489-00 41S 10490-00 41S 10491-00 41S 10498-00 41S 10499-00 41S 10500-00 41S 16504-00 NOTICE OF FILING OF MASTER’S REPORT This Master’s Report was filed with the Montana Water Court on the above stamped date. Please review this report carefully. You may file a written objection to this Master’s Report within 10 days of the stamped date if you disagree or find errors with the Master’s findings of fact, conclusions of law, or recommendations. Rule 23, W.R.Adj.R. If the Master’s Report was mailed to you, the Montana Rules of Civil Procedure allow an additional 3 days be added to the 10day objection period. Rule 6(d), M.R.Civ.P. If you file an objection, you must serve a copy of the objection to all parties on the service list found at the end of the Master’s Report. The original objection and a certificate of mailing to all parties on the service list must be filed with the Water Court. If you do not file a timely objection, the Water Court will conclude that you agree with the content of this Master’s Report. 1 MASTER’S REPORT The above-captioned claims appeared in the Preliminary Decree for the Judith River (Basin 41S) and received objections or pre-decree amendments from claimant Clayton Busch seeking to modify the period of use to year round. The objections and amendments included statements from the claimant stating that the rights were used year round during Mr. Busch’s 60 years of ranching, starting in 1962 and continuing to present. Some of the objections indicate that the usage has not substantively changed since well before Mr. Busch began ranching. The issue remarks on the claims are notice type remarks. All claims received remarks providing notice that amendments were submitted but not implemented. Claim 41S 16504-00 received an additional remark that states that if no objections were filed, the remark would be removed. The issue remarks do not raise unresolved issues nor require additional information to be resolved. FINDINGS OF FACT 1. The period of use and period of diversion for the claims should be modified to January 1 to December 31 to reflect historical usage of the claims. 2. The issue remarks on the claims have served their purpose and should be removed as no further action is needed. PRINCIPLES OF LAW 1. The Montana Water Court has the authority to determine the extent of all water rights in the state as they existed prior to July 1, 1973. Fellows v. Saylor, 2016 MT 45, ¶ 25, 382 Mont. 298, 367 P.3d 732; §§ 85-2-233, -102(13), MCA. 2. A properly filed Statement of Claim for Existing Water Right is prima facie proof of its content. § 85-2-227, MCA. This prima facie proof may be contradicted and overcome by other evidence that proves, by a preponderance of the evidence, that the elements of the claim do not accurately reflect the beneficial use of the water right as it existed prior to July 1, 1973. This is the burden of proof for every assertion that a claim is incorrect. Rule 19, W.R.Adj.R. 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. 2 CONCLUSIONS OF LAW 1. The period of use and period of diversion should be modified to January 1 to December 31. 2. The notice type issue remarks on the claims should be removed as discussed above. RECOMMENDATIONS 1. The issue remarks should be removed from the claims for the reasons discussed above and the claims should be decreed with the elements as they appeared in the Preliminary Decree, except for period of use and period of diversion which should be modified to January 1 to December 31. Post Decree Abstracts of Water Right Claims are attached to this Master’s Report for review. ELECTRONICALLY SIGNED AND DATED BELOW. Service via USPS Mail: Clayton R. Busch Joyce C. Busch PO Box 8 Stanford, MT 59479-0008 \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\41S PD\Cases\22\NB 41S-0022-R-2024 MR - Resolution of Objection (NEW, multiple claim, prima facie, notice) 2-29-2024 rr.docx 3 Electronically Signed By: Hon. Judge Nathaniel Block Thu, Mar 14 2024 02:47:59 PM March 13, 2024 41S 10486-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 10486-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE CLAYTON R BUSCH PO BOX 8 STANFORD, MT 59479-0008 Owners: JOYCE C BUSCH PO BOX 8 STANFORD, MT 59479-0008 Priority Date: APRIL 1, 1891 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. MEADOW CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County N2 9 17N 12E JUDITH BASIN 17N 12E JUDITH BASIN 17N 12E JUDITH BASIN Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 2 Period of Diversion: E2SE 4 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE Diversion Means: 3 SW 3 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec N2 Sec 9 Twp 17N Rge 12E County JUDITH BASIN 2 E2SE 4 17N 12E JUDITH BASIN 3 SW 3 17N 12E JUDITH BASIN March 13, 2024 41S 10486-00 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. 10484-00 10486-00 March 13, 2024 41S 10487-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S Water Right Number: 41S 10487-00 Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: Owners: ACTIVE CLAYTON R BUSCH PO BOX 8 STANFORD, MT 59479-0008 JOYCE C BUSCH PO BOX 8 STANFORD, MT 59479-0008 Priority Date: SEPTEMBER 7, 1887 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: Source Type: MEADOW CREEK SURFACE WATER Point of Diversion and Means of Diversion: ID 1 Govt Lot Qtr Sec Sec Twp Rge County S2 8 17N 12E JUDITH BASIN 17N 12E JUDITH BASIN 17N 12E JUDITH BASIN 17N 12E JUDITH BASIN Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 2 Period of Diversion: Diversion Means: 3 N2 9 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE E2SE 4 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 4 Period of Diversion: Diversion Means: Period of Use: SW 3 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE JANUARY 1 TO DECEMBER 31 March 13, 2024 41S 10487-00 Page 2 of 2 Post Decree Abstract Place of Use: ID 1 Acres Govt Lot Qtr Sec S2SW Sec 8 Twp 17N Rge 12E County JUDITH BASIN SE 8 17N 12E JUDITH BASIN 3 N2 9 17N 12E JUDITH BASIN 4 E2SE 4 17N 12E JUDITH BASIN 5 SW 3 17N 12E JUDITH BASIN 2 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. 10485-00 10487-00 March 13, 2024 41S 10488-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 10488-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: CLAYTON R BUSCH PO BOX 8 STANFORD, MT 59479-0008 Owners: JOYCE C BUSCH PO BOX 8 STANFORD, MT 59479-0008 Priority Date: DECEMBER 31, 1920 Type of Historical Right: USE Purpose (Use): STOCK *Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED BECAUSE THIS USE CONSISTS OF STOCK DRINKING DIRECTLY FROM THE SOURCE, OR FROM A DITCH SYSTEM. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. *Volume: THIS RIGHT INCLUDES THE AMOUNT OF WATER CONSUMPTIVELY USED FOR STOCK WATERING PURPOSES AT THE RATE OF 30 GALLONS PER DAY PER ANIMAL UNIT. ANIMAL UNITS SHALL BE BASED ON REASONABLE CARRYING CAPACITY AND HISTORICAL USE OF THE AREA SERVICED BY THIS WATER SOURCE. UNNAMED TRIBUTARY OF MEADOW CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NE 9 17N 12E JUDITH BASIN 17N 12E JUDITH BASIN 17N 12E JUDITH BASIN Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 2 Period of Diversion: SESESE 4 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE Diversion Means: 3 SW 3 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NE Sec 9 Twp 17N Rge 12E County JUDITH BASIN 2 SESESE 4 17N 12E JUDITH BASIN 3 SW 3 17N 12E JUDITH BASIN March 13, 2024 41S 10489-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 10489-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: CLAYTON R BUSCH PO BOX 8 STANFORD, MT 59479-0008 Owners: JOYCE C BUSCH PO BOX 8 STANFORD, MT 59479-0008 Priority Date: DECEMBER 31, 1910 Type of Historical Right: USE Purpose (Use): STOCK *Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED BECAUSE THIS USE CONSISTS OF STOCK DRINKING DIRECTLY FROM THE SOURCE, OR FROM A DITCH SYSTEM. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. *Volume: THIS RIGHT INCLUDES THE AMOUNT OF WATER CONSUMPTIVELY USED FOR STOCK WATERING PURPOSES AT THE RATE OF 30 GALLONS PER DAY PER ANIMAL UNIT. ANIMAL UNITS SHALL BE BASED ON REASONABLE CARRYING CAPACITY AND HISTORICAL USE OF THE AREA SERVICED BY THIS WATER SOURCE. SPRING, UNNAMED TRIBUTARY OF MEADOW CREEK Source Name: GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SESESW 8 17N 12E JUDITH BASIN Twp 17N Rge 12E County JUDITH BASIN Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SESESW Sec 8 March 13, 2024 41S 10490-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 10490-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: CLAYTON R BUSCH PO BOX 8 STANFORD, MT 59479-0008 Owners: JOYCE C BUSCH PO BOX 8 STANFORD, MT 59479-0008 Priority Date: DECEMBER 31, 1910 Type of Historical Right: USE Purpose (Use): STOCK *Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED BECAUSE THIS USE CONSISTS OF STOCK DRINKING DIRECTLY FROM THE SOURCE, OR FROM A DITCH SYSTEM. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. *Volume: THIS RIGHT INCLUDES THE AMOUNT OF WATER CONSUMPTIVELY USED FOR STOCK WATERING PURPOSES AT THE RATE OF 30 GALLONS PER DAY PER ANIMAL UNIT. ANIMAL UNITS SHALL BE BASED ON REASONABLE CARRYING CAPACITY AND HISTORICAL USE OF THE AREA SERVICED BY THIS WATER SOURCE. SPRING, UNNAMED TRIBUTARY OF MEADOW CREEK Source Name: GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NESENW 8 17N 12E JUDITH BASIN Twp 17N Rge 12E County JUDITH BASIN Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NESENW Sec 8 March 13, 2024 41S 10491-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 10491-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: CLAYTON R BUSCH PO BOX 8 STANFORD, MT 59479-0008 Owners: JOYCE C BUSCH PO BOX 8 STANFORD, MT 59479-0008 Priority Date: DECEMBER 31, 1910 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: 26.93 GPM 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. *Volume: GROUNDWATER Source Name: GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWNWNW 14 17N 12E JUDITH BASIN Sec 14 Twp 17N Rge 12E County JUDITH BASIN Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: WELL JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NWNWNW March 13, 2024 41S 10498-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 10498-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: CLAYTON R BUSCH PO BOX 8 STANFORD, MT 59479-0008 Owners: JOYCE C BUSCH PO BOX 8 STANFORD, MT 59479-0008 Priority Date: DECEMBER 31, 1930 Type of Historical Right: FILED Purpose (Use): STOCK Flow Rate: 20.00 GPM 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. *Volume: GROUNDWATER Source Name: GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWNWNE 15 17N 12E JUDITH BASIN Sec 15 Twp 17N Rge 12E County JUDITH BASIN Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: WELL JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NWNWNE March 13, 2024 41S 10499-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 10499-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: CLAYTON R BUSCH PO BOX 8 STANFORD, MT 59479-0008 Owners: JOYCE C BUSCH PO BOX 8 STANFORD, MT 59479-0008 Priority Date: DECEMBER 31, 1940 Type of Historical Right: FILED Purpose (Use): STOCK Flow Rate: 20.00 GPM 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. *Volume: GROUNDWATER Source Name: GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWNWNE 15 17N 12E JUDITH BASIN Sec 15 Twp 17N Rge 12E County JUDITH BASIN Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: WELL JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NWNWNE March 13, 2024 41S 10500-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 10500-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: CLAYTON R BUSCH PO BOX 8 STANFORD, MT 59479-0008 Owners: JOYCE C BUSCH PO BOX 8 STANFORD, MT 59479-0008 Priority Date: DECEMBER 31, 1961 Type of Historical Right: FILED Purpose (Use): STOCK Flow Rate: 20.00 GPM 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. *Volume: GROUNDWATER Source Name: GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWSWSE 15 17N 12E JUDITH BASIN Sec 15 Twp 17N Rge 12E County JUDITH BASIN Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: WELL JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NWSWSE March 13, 2024 41S 16504-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 16504-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE CLAYTON R BUSCH PO BOX 8 STANFORD, MT 59479-0008 Owners: JOYCE C BUSCH PO BOX 8 STANFORD, MT 59479-0008 Priority Date: MAY 3, 1882 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. WOLF CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SW 15 17N 12E JUDITH BASIN 17N 12E JUDITH BASIN 17N 12E JUDITH BASIN Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 2 Period of Diversion: E2NW 15 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE Diversion Means: 3 W2NE 15 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SW Sec 15 Twp 17N Rge 12E County JUDITH BASIN 2 E2NW 15 17N 12E JUDITH BASIN 3 W2NE 15 17N 12E JUDITH BASIN March 13, 2024 41S 16504-00 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. 10495-00 16504-00

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