Dearborn Ranch LLC, Dearborn Ranch LLC

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FILED 01/04/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41U-0137-R-2023 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 (406) 586-4364 1-800-624-3270 watercourt@mt.gov Brown, Stephen R 13.00 IN THE WATER COURT OF THE STATE OF MONTANA UPPER MISSOURI DIVISION DEARBORN RIVER BASIN (41U) PRELIMINARY DECREE ******************* CASE 41U-0137-R-2023 41U 13589-00 41U 96785-00 41U 13590-00 41U 96787-00 41U 96738-00 41U 96789-00 41U 96740-00 41U 96792-00 41U 96742-00 41U 96793-00 41U 96745-00 41U 96796-00 41U 96754-00 41U 96798-00 41U 96755-00 41U 96799-00 41U 96756-00 41U 96802-00 41U 96757-00 41U 96805-00 41U 96763-00 41U 96807-00 41U 96803-00 41U 96821-00 41U 96765-00 41U 96823-00 41U 96766-00 41U 96824-00 41U 96767-00 41U 96825-00 41U 96768-00 41U 96826-00 41U 96769-00 41U 96827-00 41U 96772-00 41U 96830-00 41U 96775-00 41U 96776-00 CLAIMANT: Dearborn Ranch LLC OBJECTOR: Dearborn Ranch LLC NOTICE OF INTENT TO APPEAR: Dearborn Canal Co. ORDER AMENDING AND ADOPTING MASTER’S REPORT AND CORRECTING ABSTRACTS Water Master Anika M. Stern issued a Master’s Report on December 6, 2023. Dearborn Ranch, LLC objected to the Master’s Report on December 19, 2023, noting 1 clerical errors in the Report and attached a Post Decree Abstract for claims 41U 1395000, 41U 96769-00, and 41U 96824-00. 41U 13950-00: The section for all legal land descriptions for claim 41U 13950-00 should be in Section 17, not Section 16. The Post Decree Abstract for claim 41U 13590-00 has also been corrected to reflect the correct Section (17). 41U 96769-00: The place of use legal land description for claim 41U 96769-00 should be modified as follows: Place of Use: Acres ID Gort Lot SESWNE 1 ,c See N-E—SAINE D. 3 16N al gi County 4W LEWIS AND CLARK The Post Decree Abstract for claim 41U 96769-00 has also been corrected. 41U 96824-00: The point of diversion and place of use legal land descriptions should be modified to: Sec 19 TR e 4W Couutv 17N 2 3 4 5 6 20 21 22 27 26 17N 17N 17N 17N 17N 4W 4W 4W 4W 4W LEWIS AND CLARK LEWIS AND CLARK LEWIS AND CLARK LEWIS AND CLARK LEWIS AND CLARK 7 8 R.€ ,9 10 11 35 29 30 29 30 17N 17N 17N 117N 17N 4W 3W 3W 3W 3W LEWIS AND CLARK CASCADE CASCADE LEWIS AND CLARK LEWIS AND CLARK ID 1 Acres Govt Lot tr Sec LEWIS AND CLARK The Post Decree Abstract for claim 41U 96824-00 has also been corrected to reflect the additional legal land descriptions. The Court has reviewed the Water Master's Findings and Conclusions. Pursuant to Rule 53(e), Montana Rules of Civil Procedure, the Court ADOPTS the Master's Report with the above-referenced amendments. Corrected Post Decree Abstracts for claims 41U 13590-00, 41U 96769-00, and 41U 96824-00 are served with this Order to confirm that the Recommendations outlined 2 in the Master's Report, as amended by this Order, have been adopted for the claims in this Case. ELECTRONICALLY SIGNED AND DATED BELOW. Electronic Service: Electronic Service: Abigail R. Brown Attorney at Law Parsons Behle & Latimer 201 E. Broadway St. P.O. Box 104 Helena, MT 59624 Main: 406-410-5022 Direct: 406-410-5050 AbbyBrown@parsonsbehle.com ecf@parsonsbehle.com Michael J.L. Cusick, Esq. Cusick, Farve, Mattick & Refling, P.C. P.O. Box 1288 Bozeman, MT 59771-1288 (406) 587-5511 (406) 587-9079 fax office@cmrlawmt.com \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\41U PD\41U Cases\41U-0137-R-2023\41U-0137-R-2023 OAA.docx 3 Electronically Signed By: Hon. Judge Stephen R Brown Thu, Jan 04 2024 08:10:50 AM December 21, 2023 41U 13590-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM DEARBORN RIVER BASIN 41U 41U 13590-00 Water Right Number: Version: STATEMENT OF CLAIM 4 -- POST DECREE Status: ACTIVE DEARBORN RANCH LLC Owners: PO BOX 5287 REDWOOD CITY, CA 94063 5287 Priority Date: JULY 1, 1961 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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 DEARBORN RIVER SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWSENW 17 16N 3W LEWIS AND CLARK Sec 17 Twp 16N Rge 3W County LEWIS AND CLARK Sec 17 Twp 16N Rge 3W County LEWIS AND CLARK Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NWSENW Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NWSENW December 21, 2023 41U 96769-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM DEARBORN RIVER BASIN 41U 41U 96769-00 Water Right Number: Version: STATEMENT OF CLAIM 4 -- POST DECREE ACTIVE Status: DEARBORN RANCH LLC Owners: PO BOX 5287 REDWOOD CITY, CA 94063 5287 Priority Date: JUNE 30, 1968 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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 DEARBORN RIVER SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SESWNE 3 16N 4W LEWIS AND CLARK Sec 3 Twp 16N Rge 4W County LEWIS AND CLARK Sec 3 Twp 16N Rge 4W County LEWIS AND CLARK Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SESWNE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SESWNE December 21, 2023 41U 96824-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM DEARBORN RIVER BASIN 41U Water Right Number: 41U 96824-00 Version: STATEMENT OF CLAIM 4 -- POST DECREE Status: Owners: ACTIVE DEARBORN RANCH LLC PO BOX 5287 REDWOOD CITY, CA 94063 5287 Priority Date: MAY 1, 1870 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: DEARBORN RIVER SURFACE WATER THE SOURCE INCLUDES UNNAMED TRIBUTARIES OF DEARBORN RIVER. *Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec 1 Sec Twp Rge County 19 17N 4W LEWIS AND CLARK 17N 4W LEWIS AND CLARK 17N 4W LEWIS AND CLARK 17N 4W LEWIS AND CLARK 17N 4W LEWIS AND CLARK 17N 4W LEWIS AND CLARK Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 2 Period of Diversion: Diversion Means: 20 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE 3 21 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 4 Period of Diversion: Diversion Means: 22 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE 5 27 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 6 Period of Diversion: 26 JANUARY 1 TO DECEMBER 31 December 21, 2023 41U 96824-00 Page 2 of 2 Post Decree Abstract LIVESTOCK DIRECT FROM SOURCE Diversion Means: 7 Period of Diversion: 35 17N 4W LEWIS AND CLARK 17N 3W CASCADE 17N 3W CASCADE 17N 3W LEWIS AND CLARK 17N 3W LEWIS AND CLARK Sec 19 Twp 17N Rge 4W County LEWIS AND CLARK 2 20 17N 4W LEWIS AND CLARK 3 21 17N 4W LEWIS AND CLARK 4 22 17N 4W LEWIS AND CLARK 5 27 17N 4W LEWIS AND CLARK 6 26 17N 4W LEWIS AND CLARK 7 35 17N 4W LEWIS AND CLARK 8 29 17N 3W CASCADE 9 30 17N 3W CASCADE 10 29 17N 3W LEWIS AND CLARK 11 30 17N 3W LEWIS AND CLARK JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE Diversion Means: 8 29 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 9 Period of Diversion: 30 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE Diversion Means: 10 29 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 11 30 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

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