Hot Bar Land & Cattle Co.

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FILED 02/14/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 42M-0038-I-2023 Montana Water Court P. O. Box 1389 Bozeman, MT 59771-1389 (406) 586-4364 1-800-624-3270 watercourt@mt.gov Stern, Anika 8.00 IN THE WATER COURT OF THE STATE OF MONTANA YELLOWSTONE DIVISION YELLOWSTONE RIVER BELOW POWDER RIVER – BASIN (42M) INTERLOCUTORY DECREE ******************************* CLAIMANT: Hot Bar Land & Cattle Co. NOTICE OF INTENT TO APPEAR: United States of America (Bureau of Land Management) CASE 42M-0038-I-2023 42M 30133731 42M 30133736 42M 30133741 42M 30133743 42M 30134080 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 FINDINGS OF FACT 1. Hot Bar Land & Cattle Co. (Hot Bar) is the record owner of claims 42M 1 30133731, 42M 30133736, 42M 30133741, 42M 30133743, and 42M 30134080. 2. Claims 42M 30133731, 42M 30133736, 42M 30133741, 42M 30133743, and 42M 30134080 were decreed with a DNRC remark stating: THIS CLAIM NUMBER WAS NOT INCLUDED IN THE BASIN 42M DECREE ISSUED 01/24/2014. The issue remark provided notice that the claims were not included in the Preliminary Decree for this Basin and provided parties an opportunity to object to the claims. No objections were filed. Additionally, claim 42M 30133736 was decreed with the following ownership issue remarks: ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS, AS OF 05/25/2021 , A PORTION OF THE PROPERTY ON WHICH THIS WATER RIGHT IS USED APPEARS TO BE OWNED BY LORI HILBERT. ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS, AS OF 05/27/2021 , A PORTION OF THE PROPERTY ON WHICH THIS WATER RIGHT IS USED APPEARS TO BE OWNED BY BARRY T ANDERSON, AVA LEE ANDERSON, AND BERNETTA I ANDERSON. THE OWNERSHIP OF THIS RIGHT MAY BE QUESTIONABLE. PART OF THE PLACE OF USE APPEARS TO BE ON FEDERAL LAND. Claim 42M 30133741 was also decreed with ownership issue remarks: ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS, AS OF 06/02/2021 , A PORTION OF THE PROPERTY ON WHICH THIS WATER RIGHT IS USED APPEARS TO BE OWNED BY ALMA J, RUTH M, HELEN E, PAUL B, MARGARET A & LORAINE TUFTE. ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS, AS OF 06/02/2021 , A PORTION OF THE PROPERTY ON WHICH THIS WATER RIGHT IS USED APPEARS TO BE OWNED BY RICHARD L & ROOKIE W SHOOPMAN. THE OWNERSHIP OF THIS RIGHT MAY BE QUESTIONABLE. PART OR ALL OF THE PLACE OF USE APPEARS TO BE ON FEDERAL LAND. Potential owners were notified of their interest in the claims. 3. The United States of America (BLM) filed Notices of Intent to Appear for claims 42M 30133736 and 42M 30133741 indicating modifications may need to be made to legal land descriptions to remove federal land from the claims. 4. On December 12, 2023, Hot Bar submitted Verified Motions to Amend claims 42M 30133736 and 42M 30133741 to remove the parcels of private land that Hot Bar does not own from the points of diversion and places of use. (Doc. 1 4.00). Neither Motion to Amend included a map showing the proposed modified points of diversion and 1 “Doc.” numerical references correlate to case file docket numbers in the Water Court’s Full Court case management system. 2 places of use, and the proposed abstract for 42M 30133736 did not address all the parcels Hot Bar sought to have removed from the points of diversion and places of use. 5. On January 22, 2024, the BLM and Shana Baisch, registered agent for Hot Bar, filed a Stipulation; the Stipulation included proposed abstracts, maps, and a grazing permit. Pursuant to the Stipulation, the following modifications should be made to claims 42M 30133736 and 42M 30133741, resolving the Notice of Intent to Appear concerns, and removing federal land from the claims: 42M 30133736: • Point of diversion and place of use ID No. 39 should be removed from the claim. • The following remarks should be added to the claim: o POINT OF DIVERSION/PLACE OF USE ID NO. 28 IS LIMITED TO COS #92 AND M&B TRACT DESCRIBED IN BOOK A126 PAGE 548. o ALL OR A PART OF THE PLACE OF USE CONSISTS OF FEDERAL PUBLIC LANDS. THE WATER RIGHT USED ON THE PUBLIC LANDS IS APPURTENANT TO THE FOLLOWING PRIVATE LANDS: ALL SOUTH OF INTERSTATE 94 IN SECTION 29, TOWNSHIP 16N, RANGE 56E, DAWSON COUNTY. SEE EXHIBIT 1 TO THE STIPULATION FILED IN WATER COURT CASE 42M0038-I-2023 FOR THE COMPLETE LEGAL LAND DESCRIPTION OF THE PRIVATE LAND TO WHICH THIS WATER RIGHT IS APPURTENANT. 42M 30133741: • The point of diversion and place of use ID Nos. 3 and 4 should be modified to: SWNW 3 4 • • NESE 52NW 2 15N 58E DAWSON SE 2 15N 58E DAWSON Point of diversion and place of use ID No. 5 should be removed. The following remark should be added to the claim: o ALL OR A PART OF THE PLACE OF USE CONSISTS OF FEDERAL PUBLIC LANDS. THE WATER RIGHT USED ON THE PUBLIC LANDS IS APPURTENANT TO THE FOLLOWING PRIVATE LANDS: ALL SOUTH OF INTERSTATE 94 IN SECTION 29, TOWNSHIP 16N, RANGE 56E, DAWSON COUNTY. SEE EXHIBIT 1 TO THE STIPULATION FILED IN WATER COURT CASE 42M0038-I-2023 FOR THE COMPLETE LEGAL LAND DESCRIPTION OF THE PRIVATE LAND TO WHICH THIS WATER RIGHT IS APPURTENANT. The Stipulation indicated that if the above-listed changes are implemented, the December 12, 2023 Motions to Amend are withdrawn. Additionally, the Stipulation indicated: 3 6. Upon entry of a ruling and final order in this case reflecting the modifications stipulated above, the United States' Notice of Intent to Appear concems shall be deemed resolved, provided that such order(s) do not expand or change other substantive elements of the claim or add new owners. PRINCIPLES AND CONCLUSIONS OF LAW 1. The Water Court is required to address all issue remarks decreed on a claim as well as any objections or notices of intent to appear a claim receives. Sections 85-2233, 85-2-247, and 85-2-248, MCA. 2. A properly filed Statement of Claim for an existing water right is prima facie proof of its content. Section 85-2-227, MCA. This prima facie validity may be overcome by evidence showing that one or more elements of the claim are incorrect. This standard of proof applies to objectors or claimants objecting to their own water right claims. Rule 19, W.R.Adj.R., Nelson v. Brooks, 2014 MT 120; 375 Mont.86, 95; 329 P.3d 558, 564. 3. The remark decreed on the claims in this Case, indicating that they were not included in the 2014 decree have served their purpose. As no objections were filed, no further proceedings are required. RECOMMENDATIONS 1. The notices of intent to appear should be dismissed as this Master’s Report recommends the changes contemplated in the Stipulation be made to claims 42M 30133736 and 42M 30133741. 2. Claims 42M 30133736 and 42M 30133741 should be modified as shown in Finding of Fact No. 5. 3. The issue remarks should be removed from the claims in this Case. Post Decree Abstracts of Water Right Claims are served with the Report for review. ELECTRONICALLY SIGNED AND DATED BELOW. 4 Electronically Signed By: Hon. Judge Anika Stern Wed, Feb 14 2024 10:27:35 AM Service Via Electronic Mail: Judith E. Coleman Trial Attorney US Dept of Justice, ENRD-NRS P.O. Box 7611 Washington, DC 20044-7611 (202) 514-3553 judith.coleman@usdoj.gov montanabasins.enrd@usdoj.gov Service via USPS Mail: Hot Bar Land & Cattle Co. 323 Rd. 300 Glendive, MT 59330-9258 (Potential Owners) Barry T. Anderson 525 Road 300 Glendive, MT 59330-9583 (Potential Owners) Lori Hilbert 120 Hillcrest Ave. Glendive, MT 59330-2815 (Potential Owners) Richard L. Shoopman Rockie W. Shoopman 388 FAS 335 Glendive, MT 59330-9575 \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\42M ILT\Cases\42M-0038-I-2023\42M-0038-R-2023 MR 2.5.24 rc.docx 5 February 7, 2024 42M 30133731 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM YELLOWSTONE RIVER, BELOW POWDER RIVER BASIN 42M 42M 30133731 Water Right Number: Version: STATEMENT OF CLAIM 2 -- POST DECREE ACTIVE Status: Owners: HOT BAR LAND & CATTLE CO 323 RD 300 GLENDIVE, MT 59330-9258 Priority Date: JANUARY 1, 1960 *Type of Historical Right: FILED Purpose (Use): STOCK Flow Rate: 15.00 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: ALSO KNOWN AS KRUG CREEK WINDMILL *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWNWNW 12 15N 56E DAWSON Sec 12 Twp 15N Rge 56E County DAWSON 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 February 7, 2024 42M 30133736 Page 1 of 5 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM YELLOWSTONE RIVER, BELOW POWDER RIVER BASIN 42M Water Right Number: 42M 30133736 STATEMENT OF CLAIM 2 -- POST DECREE Version: ACTIVE Status: Owners: HOT BAR LAND & CATTLE CO 323 RD 300 GLENDIVE, MT 59330-9258 Priority Date: NOVEMBER 22, 1915 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: GLENDIVE CREEK SURFACE WATER *Point of Diversion and Means of Diversion: ID 1 Govt Lot Qtr Sec Sec Twp Rge County 4 NWNW 3 15N 56E DAWSON 15N 56E DAWSON 15N 56E DAWSON 15N 56E DAWSON 15N 56E DAWSON 15N 56E DAWSON Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 2 Period of Diversion: Diversion Means: SWNW 3 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE 3 W2SESW 3 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 4 Period of Diversion: Diversion Means: 5 W2SW 3 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE 1 NENE 4 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 6 Period of Diversion: Diversion Means: S2NE 10 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE February 7, 2024 42M 30133736 7 Period of Diversion: Diversion Means: 8 Page 2 of 5 Post Decree Abstract E2NW 10 N2SE 10 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 10 S2SWNW 11 SESW 11 Diversion Means: LIVESTOCK DIRECT FROM SOURCE W2SW 11 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE Diversion Means: 13 NW 14 W2SWNE 29 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 15 NW 29 E2SW 29 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 17 NENE 30 E2NWNE 30 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 19 DAWSON 15N 56E DAWSON 15N 56E DAWSON 15N 57E DAWSON 15N 57E DAWSON 15N 57E DAWSON 15N 57E DAWSON 15N 57E DAWSON E2SENE 30 15N 57E DAWSON 15N 57E DAWSON 15N 57E DAWSON JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE NENE 32 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 20 56E LIVESTOCK DIRECT FROM SOURCE JANUARY 1 TO DECEMBER 31 Diversion Means: 15N JANUARY 1 TO DECEMBER 31 Period of Diversion: 18 Period of Diversion: DAWSON LIVESTOCK DIRECT FROM SOURCE JANUARY 1 TO DECEMBER 31 Diversion Means: 56E JANUARY 1 TO DECEMBER 31 Period of Diversion: 16 Period of Diversion: 15N LIVESTOCK DIRECT FROM SOURCE JANUARY 1 TO DECEMBER 31 Diversion Means: DAWSON JANUARY 1 TO DECEMBER 31 Period of Diversion: 14 Period of Diversion: 56E LIVESTOCK DIRECT FROM SOURCE JANUARY 1 TO DECEMBER 31 12 Period of Diversion: 15N JANUARY 1 TO DECEMBER 31 Period of Diversion: 11 DAWSON LIVESTOCK DIRECT FROM SOURCE JANUARY 1 TO DECEMBER 31 Diversion Means: 56E JANUARY 1 TO DECEMBER 31 Period of Diversion: 9 Period of Diversion: 15N NESENE 32 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE February 7, 2024 42M 30133736 21 Period of Diversion: Diversion Means: Page 3 of 5 Post Decree Abstract SWSWNE 33 S2NW 33 JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE E2NESW 33 NESESW 33 JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 25 SESW 28 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 4 SWSW 28 SWNW 29 JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 29 SESE 29 6 SWSE 29 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 31 E2SW 29 N2NWSW 29 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 33 DAWSON 16N 56E DAWSON 16N 56E DAWSON 16N 56E DAWSON 16N 56E DAWSON 16N 56E DAWSON 16N 56E DAWSON 16N 56E DAWSON W2NWNE 33 16N 56E DAWSON 16N 56E DAWSON 16N 56E DAWSON JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE NWSWNE 33 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 34 57E LIVESTOCK DIRECT FROM SOURCE JANUARY 1 TO DECEMBER 31 Diversion Means: 15N JANUARY 1 TO DECEMBER 31 Period of Diversion: 32 Period of Diversion: DAWSON LIVESTOCK DIRECT FROM SOURCE JANUARY 1 TO DECEMBER 31 Diversion Means: 57E JANUARY 1 TO DECEMBER 31 Period of Diversion: 30 Period of Diversion: 15N LIVESTOCK DIRECT FROM SOURCE Period of Diversion: Diversion Means: DAWSON JANUARY 1 TO DECEMBER 31 27 28 Period of Diversion: 57E LIVESTOCK DIRECT FROM SOURCE Period of Diversion: Diversion Means: 15N JANUARY 1 TO DECEMBER 31 24 26 Period of Diversion: DAWSON LIVESTOCK DIRECT FROM SOURCE Period of Diversion: Diversion Means: 57E JANUARY 1 TO DECEMBER 31 22 23 Period of Diversion: 15N E2SENW 33 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE February 7, 2024 42M 30133736 Page 4 of 5 Post Decree Abstract 35 Period of Diversion: NWSE 33 16N 56E DAWSON 16N 56E DAWSON 16N 56E DAWSON 16N 56E DAWSON JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE Diversion Means: 36 7 SESE 33 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 37 Period of Diversion: 6 SWSE 33 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE Diversion Means: 38 NENESW 33 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 Qtr Sec NWNW Sec 3 Twp 15N Rge 56E County DAWSON 2 SWNW 3 15N 56E DAWSON 3 W2SESW 3 15N 56E DAWSON 4 W2SW 3 15N 56E DAWSON NENE 4 15N 56E DAWSON 6 S2NE 10 15N 56E DAWSON 7 E2NW 10 15N 56E DAWSON 8 N2SE 10 15N 56E DAWSON 9 S2SWNW 11 15N 56E DAWSON 10 SESW 11 15N 56E DAWSON 11 W2SW 11 15N 56E DAWSON 12 NW 14 15N 56E DAWSON 13 W2SWNE 29 15N 57E DAWSON 14 NW 29 15N 57E DAWSON 15 E2SW 29 15N 57E DAWSON 16 NENE 30 15N 57E DAWSON 17 E2NWNE 30 15N 57E DAWSON 18 E2SENE 30 15N 57E DAWSON 19 NENE 32 15N 57E DAWSON 20 NESENE 32 15N 57E DAWSON 21 SWSWNE 33 15N 57E DAWSON 22 S2NW 33 15N 57E DAWSON 23 E2NESW 33 15N 57E DAWSON 24 NESESW 33 15N 57E DAWSON 5 Acres Govt Lot 4 1 25 SESW 28 16N 56E DAWSON SWSW 28 16N 56E DAWSON 27 SWNW 29 16N 56E DAWSON 28 SESE 29 16N 56E DAWSON SWSE 29 16N 56E DAWSON 30 E2SW 29 16N 56E DAWSON 31 N2NWSW 29 16N 56E DAWSON 26 29 4 6 February 7, 2024 42M 30133736 Page 5 of 5 Post Decree Abstract 32 W2NWNE 33 16N 56E DAWSON 33 NWSWNE 33 16N 56E DAWSON 34 E2SENW 33 16N 56E DAWSON 35 NWSE 33 16N 56E DAWSON 36 7 SESE 33 16N 56E DAWSON 37 6 SWSE 33 16N 56E DAWSON NENESW 33 16N 56E DAWSON 38 ALL OR A PART OF THE PLACE OF USE CONSISTS OF FEDERAL PUBLIC LANDS. THE WATER RIGHT USED ON THE PUBLIC LANDS IS APPURTENANT TO THE FOLLOWING PRIVATE LANDS: ALL SOUTH OF INTERSTATE 94 IN SECTION 29, TOWNSHIP 16N, RANGE 56E, DAWSON COUNTY. SEE EXHIBIT 1 TO THE STIPULATION FILED IN WATER COURT CASE 42M-0038-I-2023 FOR THE COMPLETE LEGAL LAND DESCRIPTION OF THE PRIVATE LAND TO WHICH THIS WATER RIGHT IS APPURTENANT. Remarks: POINT OF DIVERSION/PLACE OF USE ID NO. 28 IS LIMITED TO COS #92 AND M&B TRACT DESCRIBED IN BOOK A126 PAGE 548. February 7, 2024 42M 30133741 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM YELLOWSTONE RIVER, BELOW POWDER RIVER BASIN 42M Water Right Number: 42M 30133741 STATEMENT OF CLAIM 2 -- POST DECREE Version: Status: ACTIVE Owners: HOT BAR LAND & CATTLE CO 323 RD 300 GLENDIVE, MT 59330-9258 Priority Date: JUNE 13, 1919 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: KRUG CREEK SURFACE WATER *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWSWSW 1 15N 56E DAWSON 15N 56E DAWSON 15N 56E DAWSON 15N 56E DAWSON 15N 56E DAWSON 15N 56E DAWSON Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 2 Period of Diversion: Diversion Means: 4 NWNW 2 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE 3 SWNW 2 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 4 Period of Diversion: Diversion Means: 5 NESE 2 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE 1 NENE 3 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 6 Period of Diversion: Diversion Means: 2 NWNE 3 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE February 7, 2024 42M 30133741 Page 2 of 2 Post Decree Abstract 7 Period of Diversion: SENE 3 15N 56E DAWSON 15N 56E DAWSON 15N 56E DAWSON 15N 56E DAWSON 15N 56E DAWSON 15N 56E DAWSON JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE Diversion Means: 8 NENENE 11 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 9 Period of Diversion: S2NE 12 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE Diversion Means: 10 N2NW 12 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 11 SENW 12 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 12 Period of Diversion: N2SE 12 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 SWSWSW Sec 1 Twp 15N Rge 56E County DAWSON 4 NWNW 2 15N 56E DAWSON SWNW 2 15N 56E DAWSON 3 4 NESE 2 15N 56E DAWSON 5 1 NENE 3 15N 56E DAWSON 6 2 NWNE 3 15N 56E DAWSON 7 SENE 3 15N 56E DAWSON 8 NENENE 11 15N 56E DAWSON 9 S2NE 12 15N 56E DAWSON 10 N2NW 12 15N 56E DAWSON 11 SENW 12 15N 56E DAWSON 12 N2SE 12 15N 56E DAWSON ALL OR A PART OF THE PLACE OF USE CONSISTS OF FEDERAL PUBLIC LANDS. THE WATER RIGHT USED ON THE PUBLIC LANDS IS APPURTENANT TO THE FOLLOWING PRIVATE LANDS: ALL SOUTH OF INTERSTATE 94 IN SECTION 29, TOWNSHIP 16N, RANGE 56E, DAWSON COUNTY. SEE EXHIBIT 1 TO THE STIPULATION FILED IN WATER COURT CASE 42M-0038-I-2023 FOR THE COMPLETE LEGAL LAND DESCRIPTION OF THE PRIVATE LAND TO WHICH THIS WATER RIGHT IS APPURTENANT. February 7, 2024 42M 30133743 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM YELLOWSTONE RIVER, BELOW POWDER RIVER BASIN 42M 42M 30133743 Water Right Number: STATEMENT OF CLAIM 2 -- POST DECREE Version: ACTIVE Status: Owners: HOT BAR LAND & CATTLE CO 323 RD 300 GLENDIVE, MT 59330-9258 Priority Date: JANUARY 1, 1958 *Type of Historical Right: FILED Purpose (Use): STOCK Flow Rate: 4.00 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: ALSO KNOWN AS SILO S FLOWING WELL FLOWING ARTESIAN WELL *Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Twp Rge County 1 NENENE 32 16N 56E DAWSON Sec 32 Twp 16N Rge 56E County DAWSON 1 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 1 Qtr Sec NENENE February 7, 2024 42M 30134080 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM YELLOWSTONE RIVER, BELOW POWDER RIVER BASIN 42M 42M 30134080 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: HOT BAR LAND & CATTLE CO 323 RD 300 GLENDIVE, MT 59330-9258 Priority Date: JANUARY 1, 1958 *Type of Historical Right: FILED Purpose (Use): STOCK Flow Rate: 15.00 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 SWSWNE 33 16N 56E DAWSON Sec 33 Twp 16N Rge 56E County DAWSON 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 SWSWNE

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