Indreland Mutual Ditch Co., Indreland Mutual Ditch Co. SECOND CLOSING ORDER The Water Court included claims , , in the Preliminary Decree for the Yellowstone River Above and Including Bridger Creek Basin (Basin The claims did not receive any Montana Department of Natural Resources and Conservation (“DNRC”) issue remarks as a result of its pre-decree examination of the claims, but received a self-objection from Claimant Indreland Mutual Ditch Co. (“Indreland”). The claims received no other objections, counterobjections, or

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FILED 01/09/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 43B-0915-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 11.00 MONTANA WATER COURT, YELLOWSTONE DIVISION YELLOWSTONE RIVER ABOVE AND INCLUDING BRIDGER CREEK BASIN BASIN 43B PRELIMINARY DECREE ************************* CASE 43B-0915-R-2023 43B 35513-00 43B 35514-00 43B 35515-00 CLAIMANTS: Indreland Mutual Ditch Co. OBJECTORS: Indreland Mutual Ditch Co. SECOND CLOSING ORDER The Water Court included claims 43B 35513-00, 43B 35514-00, 43B 35515-00 in the Preliminary Decree for the Yellowstone River Above and Including Bridger Creek Basin (Basin 43B). The claims did not receive any Montana Department of Natural Resources and Conservation (“DNRC”) issue remarks as a result of its pre-decree examination of the claims, but received a self-objection from Claimant Indreland Mutual Ditch Co. (“Indreland”). The claims received no other objections, counterobjections, or notices of intent to appear. Indreland filed the same objection to each claim. The objection states: Claimed POD legal land description should be corrected from the NESENW of Section 28 to the NWSENW of Section 28, T2S R8E, to reflect historic use. Two additional PODs should be added for a historic pump site in the SWNENE of Section 28 and a headgate in the SENWNW of Section 28, both T2S R8E, to reflect historic use. Irrigated acres should be corrected to 38 acres in the NW of Section 27 and NE of Section 28, T2S R8E to reflect historic use. 1 Other than priority dates, the elements of the claims are nearly identical. Indreland’s proposed amendments seek to modify the claims so that they are identical as to the points of diversion and place of use. On May 1, 2023, the Court consolidated the claims into this case to address Indreland’s self-objections. The Court set a June 1, 2023, deadline for Indreland to contact DNRC to attempt to resolve the objections and a July 28, 2023, deadline for DNRC to file a report with the Court with recommendations to resolve the objections. The Court also specified that if Indreland failed to contact DNRC, it would dismiss the objections and close the claims as decreed. On July 28, 2023, DNRC filed a memorandum with the Court. The memorandum indicated that Indreland did not contact DNRC as ordered. DNRC recommended no modifications be made to the claims. On August 8, 2023, the Court closed this case, without any modifications to the claims as decreed in the Preliminary Decree. On August 9, 2023, Indreland sent an email to the Court stating that it did not receive the consolidation order setting the deadline for it to confer with DNRC. Indreland moved the Court to reopen the case and set a new deadline to meet with DNRC. On September 6, 2023, the Court reopened the case and set new deadlines. The Court set an October 31, 2023, deadline for Indreland to meet with DNRC. The Court also set a deadline of December 15, 2023, for DNRC to file an amended memorandum in the event it determined after the meeting that Indreland’s objections more accurately represent the historical use of the claims, or a notice if it does not agree with Indreland’s objections. On December 15, 2023, DNRC filed a second memorandum with the Court. The memorandum states DNRC received an affidavit from Matthew A. Indreland outlining the proposed amendments provided in the self-objections. The memorandum also indicates Indreland met with Tucker Hamling of DNRC as ordered by the Court. DNRC’s second memorandum recommends the Court adopt Indreland’s proposed amendments to resolve the objections. DNRC’s discussions with the Indrelands confirm they historically used multiple headgates and a pump on the property since 1964 to divert water into two ditches on their property for flood irrigation and to water their vegetable 2 garden. The Park County Water Resources survey confirms Indreland’s ditches and places of use. On December 19, 2023, Indreland filed an affidavit from Glenniss L. Indreland outlining the historical use of the proposed amendments with the Water Court. This affidavit further evidences the proposed amendments outlined by Matthew A. Indreland’s affidavit. On December 22, 2023, the Court set a filing deadline for Indreland to clarify the proposed amendment to the place of use of claim 43B 35514-00, as inconsistent evidence was provided in support of the amendment. On December 27, 2023, Indreland clarified all three claims share the same place of use and that the inconsistencies were errors. All three claims should have the following points of diversion and places of use: 1 Point of Diversion and Means of Diversion ID Govt Lot Qtr Sec 1 SWNENE Period of Diversion: MAY 1 TO OCTOBER 19 Diversion Means: PUMP 2 SENWNW Period of Diversion: MAY 1 TO OCTOBER 19 Diversion Means: HEADGATE 3 NWSENW Period of Diversion: MAY 1 TO OCTOBER 19 Diversion Means: HEADGATE Place of Use ID Acres Govt Lot Qtr Sec 1 11.00 NW 2 27.00 NE Total: 38.00 Sec 28 Twp 2S Rge 8E County PARK 28 2S 8E PARK 28 2S 8E PARK Sec 27 28 Twp 2S 2S Rge 8E 8E County PARK PARK A properly filed claim of an existing right or an amended claim of an existing right constitutes prima facie proof of its content. Section 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 Court reordered the points of diversion and places of use from the DNRC memorandum to be consistent with the preferred numerical and description protocols for the Public Land Survey System. 1 3 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. The evidence filed by Indreland and DNRC’s memorandum are sufficient to overcome the prima facie status of the claims. The proposed amendments provided in Indreland’s objections are approved. ORDER Therefore, it is ORDERED claims 43B 35513-00, 43B 35514-00, and 43B 3551500 are modified in accordance with this Order and Indreland’s objections are DISMISSED and this case is CLOSED. Post-decree abstracts of the claims are included with this Order to confirm the modifications have been made in the State’s centralized water rights record system. ELECTRONICALLY SIGNED AND DATED BELOW. Service via USPS Mail: Indreland Mutual Ditch Co. 135 East Alderson St. Apt A Bozeman, MT 59715-5230 \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\43B PD\43B Cases\915R\43B-915R - 2nd CO 1-4-23 ld.docx 4 Electronically Signed By: Hon. Judge Stephen R Brown Tue, Jan 09 2024 01:25:42 PM January 3, 2024 43B 35513-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM YELLOWSTONE RIVER, ABOVE & INCLUDING BRIDGER CREEK BASIN 43B 43B 35513-00 Water Right Number: Version: STATEMENT OF CLAIM 5 -- POST DECREE SEVERED Status: Owners: INDRELAND MUTUAL DITCH CO 135 EAST ALDERSON ST APT A BOZEMAN, MT 59715-5230 Priority Date: SEPTEMBER 1, 1900 Type of Historical Right: DECREED Purpose (Use): IRRIGATION FLOOD Irrigation Type: Flow Rate: 170.54 GPM Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 3 - MODERATE Climatic Area: Maximum Acres: 38.00 Source Name: ELDRIDGE CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWNENE 28 2S 8E PARK 28 2S 8E PARK 28 2S 8E PARK Qtr Sec NW Sec 27 Twp 2S Rge 8E County PARK NE 28 2S 8E PARK Period of Diversion: MAY 1 TO OCTOBER 19 Diversion Means: PUMP 2 SENWNW Period of Diversion: MAY 1 TO OCTOBER 19 Diversion Means: HEADGATE 3 Period of Diversion: NWSENW MAY 1 TO OCTOBER 19 HEADGATE Diversion Means: MAY 1 TO OCTOBER 19 Period of Use: Place of Use: ID 1 Acres 11.00 2 27.00 Total: Remarks: 38.00 Govt Lot January 3, 2024 43B 35513-00 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. 35513-00 35514-00 35515-00 THIS WATER RIGHT HAS BEEN SEVERED FROM THE PLACE OF USE. THE INDRELAND MUTUAL DITCH CO IS NOT THE REAL PROPERTY OWNER OF RECORD, BUT THE DITCH CO DIRECTORS DO OWN THE HISTORICAL PLACE OF USE AND WILL CONTINUE IRRIGATING IN ACCORD WITH HISTORICAL PRACTICES. January 3, 2024 43B 35514-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM YELLOWSTONE RIVER, ABOVE & INCLUDING BRIDGER CREEK BASIN 43B 43B 35514-00 Water Right Number: Version: STATEMENT OF CLAIM 5 -- POST DECREE SEVERED Status: Owners: INDRELAND MUTUAL DITCH CO 135 EAST ALDERSON ST APT A BOZEMAN, MT 59715-5230 Priority Date: NOVEMBER 14, 1884 Type of Historical Right: DECREED Purpose (Use): IRRIGATION SPRINKLER/FLOOD Irrigation Type: Flow Rate: 1.13 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: 38.00 Source Name: ELDRIDGE CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWNENE 28 2S 8E PARK 28 2S 8E PARK 28 2S 8E PARK Qtr Sec NW Sec 27 Twp 2S Rge 8E County PARK NE 28 2S 8E PARK Period of Diversion: MAY 1 TO OCTOBER 19 Diversion Means: PUMP 2 SENWNW Period of Diversion: MAY 1 TO OCTOBER 19 Diversion Means: HEADGATE 3 Period of Diversion: NWSENW MAY 1 TO OCTOBER 19 HEADGATE Diversion Means: MAY 1 TO OCTOBER 19 Period of Use: Place of Use: ID 1 Acres 11.00 2 27.00 Total: Remarks: 38.00 Govt Lot January 3, 2024 43B 35514-00 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. 35513-00 35514-00 35515-00 THIS WATER RIGHT HAS BEEN SEVERED FROM THE PLACE OF USE. THE INDRELAND MUTUAL DITCH CO IS NOT THE REAL PROPERTY OWNER OF RECORD, BUT THE DITCH CO DIRECTORS DO OWN THE HISTORICAL PLACE OF USE AND WILL CONTINUE IRRIGATING IN ACCORD WITH HISTORICAL PRACTICES. January 3, 2024 43B 35515-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM YELLOWSTONE RIVER, ABOVE & INCLUDING BRIDGER CREEK BASIN 43B 43B 35515-00 Water Right Number: Version: STATEMENT OF CLAIM 5 -- POST DECREE Status: SEVERED Owners: INDRELAND MUTUAL DITCH CO 135 EAST ALDERSON ST APT A BOZEMAN, MT 59715-5230 Priority Date: JULY 1, 1886 Type of Historical Right: DECREED Purpose (Use): IRRIGATION FLOOD Irrigation Type: Flow Rate: 282.74 GPM Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 3 - MODERATE Climatic Area: Maximum Acres: 38.00 Source Name: ELDRIDGE CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWNENE 28 2S 8E PARK 28 2S 8E PARK 28 2S 8E PARK Qtr Sec NW Sec 27 Twp 2S Rge 8E County PARK NE 28 2S 8E PARK Period of Diversion: MAY 1 TO OCTOBER 19 Diversion Means: PUMP 2 SENWNW Period of Diversion: MAY 1 TO OCTOBER 19 Diversion Means: HEADGATE 3 Period of Diversion: NWSENW MAY 1 TO OCTOBER 19 HEADGATE Diversion Means: MAY 1 TO OCTOBER 19 Period of Use: Place of Use: ID 1 Acres 11.00 2 27.00 Total: Remarks: 38.00 Govt Lot January 3, 2024 43B 35515-00 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. 35513-00 35514-00 35515-00 THIS WATER RIGHT HAS BEEN SEVERED FROM THE PLACE OF USE. THE INDRELAND MUTUAL DITCH CO IS NOT THE REAL PROPERTY OWNER OF RECORD, BUT THE DITCH CO DIRECTORS DO OWN THE HISTORICAL PLACE OF USE AND WILL CONTINUE IRRIGATING IN ACCORD WITH HISTORICAL PRACTICES.

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