Blaine Hagestad; Majerus Family Trust

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FILED 03/06/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41S-0242-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: Blaine Hagestad; Majerus Family Trust CASE 41S-0242-R-2024 41S 3442-00 41S 3454-00 41S 30116611 41S 30116612 41S 30116613 41S 30116614 41S 30116615 41S 30116616 41S 30116617 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 issue remarks placed on the claims during reexamination of the claims by the Department of Natural Resources and Conservation (DNRC). The claims are hereby consolidated into Water Court Case 41S-0242-R-2024 for the purposes of this Master’s Report. This Court is required to resolve issue remarks that are not resolved through objections. The claims received the following issue remarks: Claim 41S 3442-00: 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. Claim 41S 3454-00: USDA AERIAL PHOTOGRAPH NO(S). 30027•278•64 DATED 09/2511979 , APPEARS TO INDICATE 30.50 ACRES IRRIGATED. A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. 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 ME REMARK WILL BE REMOVED FROM THE CLAIM. Claims 41S 30116611, 41S 30116612, 41S 30116613, 41S 30116614, 41S 30116615, 41S 30116616, 41S 30116617: THIS CLAIM NUMBER WAS NOT INCLUDED IN THE BASIN 41S DECREE ISSUED 05/17/1984. The issue remarks on claims 41S 3442-00, 41S 30116611, 41S 30116612, 41S 30116613, 41S 30116614, 41S 30116615, 41S 30116616 and 41S 30116617 as well as the ‘source name’ remark on claim 41S 3454-00 are notice type remarks. The issue remarks do not raise unresolved issues nor require additional information to be resolved. The issue remarks state that if no objections were filed, the remarks would be removed. These claims did not receive objections or notices of intent to appear. FINDINGS OF FACT 1. The issue remark on claim 41S 3454-00 discussing the acreage estimate was gleaned from a single aerial photograph take on September 25, 1979. The claimed period of use ends on October 1. The remark does not implicate the historical use of the claim. 2. The remaining remarks on the claims have served their purpose and should be removed as no further action is needed. 2 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. CONCLUSIONS OF LAW 1. The ‘acres irrigated’ issue remark on claim 41S 3454-00 should be removed as the issue remark fails to overcome the prima facie status of the claim in relation to historical use. Further, a single photograph taken at the tail end of the claimed irrigation season does not implicate abandonment of this claim. 2. The remaining 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. Post Decree Abstracts of Water Right Claims are attached to this Master’s Report for review. ELECTRONICALLY SIGNED AND DATED BELOW. 3 Electronically Signed By: Hon. Judge Nathaniel Block Wed, Mar 06 2024 09:49:40 AM Service via USPS Mail: Majerus Family Trust Trustees 11820 Hanover Road Lewistown, MT 59457-3906 Service via Electronic Mail: Dana E. Pepper Bina R. Peters River and Range Law, PLLC PO Box 477 Bozeman, MT 59771 (406) 599-7424 office@riverandrangelaw.com dana@riverandrangelaw.com bina@riverandrangelaw.com \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\41S PD\Cases\242\NB 41S-0242-R-2024 MR - Resolution of Objection (NEW, multiple claim, prima facie, notice) 2-22-2024 rr.docx 4 February 29, 2024 41S 3442-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 3442-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE BLAINE HAGESTAD PO BOX 5 MOORE, MT 59464-0005 Owners: MAJERUS FAMILY TRUST % TRUSTEES 11820 HANOVER RD LEWISTOWN, MT 59457-3906 OWNERSHIP UPDATE PROCESSED TO ADD NEW OWNERS. THE WATER RIGHT MAY BE SPLIT INTO SEPARATE WATER RIGHTS UPON REQUEST OF THE OWNERS. Priority Date: JULY 1, 1931 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: UNNAMED TRIBUTARY OF JUDITH RIVER SURFACE WATER Source Type: ALSO KNOWN AS UNNAMED TRIBUTARY CANYON CREEK Point of Diversion and Means of Diversion: ID Govt Lot 1 Period of Diversion: Qtr Sec Sec Twp Rge County SENENE 9 15N 16E FERGUS Sec 9 Twp 15N Rge 16E County FERGUS 3 15N 16E FERGUS MAY 1 TO OCTOBER 1 LIVESTOCK DIRECT FROM SOURCE Diversion Means: MAY 1 TO OCTOBER 1 Period of Use: Place of Use: ID 1 2 Acres Govt Lot Qtr Sec 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. February 29, 2024 41S 3442-00 3442-00 Page 2 of 2 Post Decree Abstract 3454-00 February 29, 2024 41S 3454-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S Water Right Number: 41S 3454-00 Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: Owners: ACTIVE BLAINE HAGESTAD PO BOX 5 MOORE, MT 59464-0005 MAJERUS FAMILY TRUST % TRUSTEES 11820 HANOVER RD LEWISTOWN, MT 59457-3906 OWNERSHIP UPDATE PROCESSED TO ADD NEW OWNERS. THE WATER RIGHT MAY BE SPLIT INTO SEPARATE WATER RIGHTS UPON REQUEST OF THE OWNERS. Priority Date: JULY 1, 1931 Type of Historical Right: FILED Purpose (Use): IRRIGATION Irrigation Type: NATURAL SUBIRRIGATION *Flow Rate: NO FLOW RATE HAS BEEN DECREED FOR THIS USE OF NATURAL SUBIRRIGATION. *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: 3 - MODERATE 40.00 SUBIRRIGATION, UNNAMED TRIBUTARY OF JUDITH RIVER SURFACE WATER ALSO KNOWN AS CANYON CREEK Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NENE 9 15N 16E FERGUS 3 15N 16E FERGUS 3 15N 16E FERGUS 3 15N 16E FERGUS Period of Diversion: MAY 1 TO OCTOBER 1 Diversion Means: FLOWING 2 Period of Diversion: Diversion Means: NWNW MAY 1 TO OCTOBER 1 FLOWING 3 S2NW Period of Diversion: MAY 1 TO OCTOBER 1 Diversion Means: FLOWING 4 Period of Diversion: Diversion Means: W2SW MAY 1 TO OCTOBER 1 FLOWING February 29, 2024 41S 3454-00 Page 2 of 2 Post Decree Abstract MAY 1 TO OCTOBER 1 Period of Use: Place of Use: ID 1 Acres 3.00 2 Qtr Sec NWNW Sec 3 Twp 15N Rge 16E County FERGUS 15.00 S2NW 3 15N 16E FERGUS 3 13.00 W2SW 3 15N 16E FERGUS 4 9.00 NENE 9 15N 16E FERGUS Total: Govt Lot 40.00 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. 3442-00 3454-00 THE CLAIMED IRRIGATED ACRES AND PLACE OF USE HAVE BEEN RE-EXAMINED BY THE DNRC UNDER MONTANA WATER COURT ORDER DATED AUGUST 29, 1997. SEE CLAIM FILE FOR ADDITIONAL INFORMATION. February 29, 2024 41S 30116611 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S Water Right Number: 41S 30116611 Version: STATEMENT OF CLAIM 2 -- POST DECREE ACTIVE Status: Owners: BLAINE HAGESTAD PO BOX 5 MOORE, MT 59464-0005 Priority Date: JUNE 1, 1883 Type of Historical Right: USE Purpose (Use): STOCK *Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED BECAUSE THIS USE CONSISTS OF STOCK DRINKING DIRECTLY FROM THE SOURCE, OR FROM A DITCH SYSTEM. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. *Volume: THIS RIGHT INCLUDES THE AMOUNT OF WATER CONSUMPTIVELY USED FOR STOCK WATERING PURPOSES AT THE RATE OF 30 GALLONS PER DAY PER ANIMAL UNIT. ANIMAL UNITS SHALL BE BASED ON REASONABLE CARRYING CAPACITY AND HISTORICAL USE OF THE AREA SERVICED BY THIS WATER SOURCE. Source Name: Source Type: LITTLE ROCK CREEK SURFACE WATER Point of Diversion and Means of Diversion: ID 1 Govt Lot Qtr Sec Sec Twp Rge County E2E2 3 15N 16E FERGUS 15N 16E FERGUS 15N 16E FERGUS 15N 16E FERGUS 15N 16E FERGUS 16N 16E FERGUS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 2 Period of Diversion: Diversion Means: 3 NENE 10 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE NWSE 11 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 4 Period of Diversion: Diversion Means: 5 S2SE 11 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE E2NESW 11 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 6 Period of Diversion: Diversion Means: E2SESE 27 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE February 29, 2024 41S 30116611 Page 2 of 2 Post Decree Abstract 7 Period of Diversion: E2 34 16N 16E FERGUS 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 E2E2 Sec 3 Twp 15N Rge 16E County FERGUS 2 NENE 10 15N 16E FERGUS 3 NWSE 11 15N 16E FERGUS 4 S2SE 11 15N 16E FERGUS 5 E2NESW 11 15N 16E FERGUS 6 E2SESE 27 16N 16E FERGUS 7 E2 34 16N 16E FERGUS February 29, 2024 41S 30116612 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 30116612 Water Right Number: Version: STATEMENT OF CLAIM 2 -- POST DECREE ACTIVE Status: Owners: BLAINE HAGESTAD PO BOX 5 MOORE, MT 59464-0005 Priority Date: JUNE 1, 1883 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: 35.00 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: SPRING, UNNAMED TRIBUTARY OF LITTLE ROCK CREEK Source Name: GROUNDWATER Source Type: *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWSESE 10 15N 16E FERGUS Sec 10 Twp 15N Rge 16E County FERGUS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: SPRING BOX JANUARY 1 TO DECEMBER 31 Period of Use: *Place of Use: ID 1 Acres Govt Lot Qtr Sec SWSESE February 29, 2024 41S 30116613 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 30116613 Water Right Number: Version: STATEMENT OF CLAIM 2 -- POST DECREE Status: ACTIVE Owners: BLAINE HAGESTAD PO BOX 5 MOORE, MT 59464-0005 Priority Date: JUNE 1, 1883 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 LITTLE ROCK CREEK Source Name: SURFACE WATER Source Type: *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County E2SENE 10 15N 16E FERGUS 15N 16E FERGUS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 2 Period of Diversion: E2SE 10 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE Diversion Means: JANUARY 1 TO DECEMBER 31 Period of Use: *Place of Use: ID 1 2 Acres Govt Lot Qtr Sec E2SENE Sec 10 Twp 15N Rge 16E County FERGUS E2SE 10 15N 16E FERGUS February 29, 2024 41S 30116614 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 30116614 Water Right Number: Version: STATEMENT OF CLAIM 2 -- POST DECREE Status: ACTIVE Owners: BLAINE HAGESTAD PO BOX 5 MOORE, MT 59464-0005 Priority Date: JUNE 1, 1883 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 LITTLE ROCK 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 11 15N 16E FERGUS Twp 15N Rge 16E County FERGUS 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 11 February 29, 2024 41S 30116615 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 30116615 Water Right Number: Version: STATEMENT OF CLAIM 2 -- POST DECREE ACTIVE Status: Owners: BLAINE HAGESTAD PO BOX 5 MOORE, MT 59464-0005 Priority Date: DECEMBER 1, 1888 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 LITTLE ROCK CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWNWNE 3 15N 16E FERGUS 15N 16E FERGUS 16N 16E FERGUS 16N 16E FERGUS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 2 Period of Diversion: NENW 3 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE Diversion Means: 3 W2SE 34 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 4 Period of Diversion: SESESW 34 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 NWNWNE Sec 3 Twp 15N Rge 16E County FERGUS 2 NENW 3 15N 16E FERGUS 3 W2SE 34 16N 16E FERGUS 4 SESESW 34 16N 16E FERGUS February 29, 2024 41S 30116616 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 30116616 Water Right Number: Version: STATEMENT OF CLAIM 2 -- POST DECREE Status: ACTIVE Owners: BLAINE HAGESTAD PO BOX 5 MOORE, MT 59464-0005 Priority Date: DECEMBER 1, 1888 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 LITTLE ROCK CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWNW 2 15N 16E FERGUS 15N 16E FERGUS 16N 16E FERGUS Sec 2 Twp 15N Rge 16E County FERGUS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 2 Period of Diversion: NENE 3 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE Diversion Means: 3 SESE 34 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 NWNW 2 NENE 3 15N 16E FERGUS 3 SESE 34 16N 16E FERGUS February 29, 2024 41S 30116617 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S 41S 30116617 Water Right Number: Version: STATEMENT OF CLAIM 2 -- POST DECREE ACTIVE Status: Owners: BLAINE HAGESTAD PO BOX 5 MOORE, MT 59464-0005 Priority Date: DECEMBER 1, 1888 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 CANYON CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County W2SESW 34 16N 16E FERGUS Twp 16N Rge 16E County FERGUS 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 W2SESW Sec 34

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