Brogan LP; Western Shamballa Inc.; Church Universal & Triumphant Inc., United States of America (USDA Forest Service); Brogan LP; Church Universal & Triumphant Inc.

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FILED 03/29/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 43B-1019-R-2021 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 1-800-624-3270 (406) 586-4364 watercourt@mt.gov Brown, Stephen R 33.00 MONTANA WATER COURT, YELLOWSTONE DIVISION YELLOWSTONE RIVER ABOVE AND INCLUDING BRIDGER CREEK BASIN BASIN 43B PRELIMINARY DECREE ****************************** CLAIMANTS: Brogan LP; Western Shamballa Inc.; Church Universal & Triumphant Inc. OBJECTORS: United States of America (USDA Forest Service); Brogan LP; Church Universal & Triumphant Inc. CASE 43B-1019-R-2021 43B 193575-00 43B 193576-00 43B 193578-00 43B 193582-00 43B 193583-00 43B 193861-00 43B 193862-00 43B 193865-00 43B 193866-00 43B 193867-00 ORDER AMENDING AND ADOPTING MASTER’S REPORT AND CORRECTING OWNERSHIP Pursuant to Montana Code Annotated, section 85-2-233(5), Case 43B-1019-R2021 was assigned to Water Master Anika M. Stern. A Master’s Report was issued on March 4, 2024. Claimant and Objector Brogan LP (Brogan) objected to the Master’s Report on March 21, 2024 requesting the ownership of claims 43B 193576-00 and 43B 193861-00 be corrected. Additionally, Brogan indicates none of the other parties in the Case object to the ownership correction. 1 Brogan explains that it was inexplicably removed as an owner of claims 43B 193576-00 and 43B 193861-00 and it objected to the claims during the 2019 Basin 43B objection period to remedy the ownership error: 9, Marc mc changes you think should be made to this claim and why. Stare ihc specific monis and evidence on which the Objection is based. (lIse additional paper into:ass:ay.) Thnwaierri¢hiwasprmmdimulhrsnlii between the Royal retro United/Chinch Universal and Ttiumohnin I now Weston %sultana Pal and tack h fitaye (now Brogan l united Pannenhita in the late Naas. As indicated in documentation eonuined in the elan file. the water Pala wat split with o.,4 nearly* the Chtaeh Unwind and Triumphant arid SO% beinc retained bv Wekh Ifeonan lbn pr000rticoal concrthm bas confirmed ip dac 1997 Master's Report adorned bv the Water Cour: on Ociobcr la, 1947 lbsrthis. Brecon limited Partner dap should at Inld ai a a•owneaon this waier rink Although the parties stipulated that Brogan should be added as a co-owner to claims 43B 193576-00 and 43B 193861-00, they failed to explain why the Court should update ownership, rather than the DNRC, and to provide support documentation; that information has now been provided. Recommendation No. 1 should be amended to reflect that Brogan LP is added as a co-owner to claims 43B 193576-00 and 43B 193861-00. Post Decree Abstracts for claims 43B 193576-00 and 43B 193861-00 are also corrected to reflect the ownership corrections. 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 amendment. Corrected Post Decree Abstracts for claims 43B 193576-00 and 43B 193861-00 are served with this Order to confirm that the Recommendations set forth in the Master's Report, as amended by this Order, have been adopted for the claims in this Case. ELECTRONICALLY SIGNED AND DATED BELOW. 2 Electronically Signed By: Hon. Judge Stephen R Brown Fri, Mar 29 2024 08:12:05 AM Service via Electronic Mail Romney S. Philpott U.S. Dept of Justice, ENRD-NRS 999 18th Street, South Terrace Suite 370 Denver, CO 80202 (303) 844-1810 Romney.philpott@usdoj.gov MontanaBasins.ENRD@usdoj.gov Breeann M. Johnson Western Roots Law PLLC PO Box 7004 Bozeman, MT 59771 (406) 600-9389 (Johnson) Johnson@westrootslaw.com William Fanning Fanning Law PLLC 15 S. Idaho St., Ste.4 Dillon, MT 59725 (406) 220-2805 william@fanninglawpllc.com becki@fanninglawpllc.com \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\43B PD\43B Cases\1019R\43BV-1019-R-2021 OAA and Correction Abstracts 3.25.24 rc.docx 3 March 26, 2024 43B 193575-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM YELLOWSTONE RIVER, ABOVE & INCLUDING BRIDGER CREEK BASIN 43B 43B 193575-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: ACTIVE Status: Owners: BROGAN LP PO BOX 47 GARDINER, MT 59030 Priority Date: JUNE 18, 1969 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 YELLOWSTONE RIVER SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Twp Rge County 11 NESE 19 8S 8E PARK Twp 8S Rge 8E County PARK 1 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 11 Qtr Sec Sec 19 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. 193575-00 193860-00 March 26, 2024 43B 193576-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM YELLOWSTONE RIVER, ABOVE & INCLUDING BRIDGER CREEK BASIN 43B 43B 193576-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: ACTIVE Status: BROGAN LP PO BOX 47 GARDINER, MT 59030 Owners: WESTERN SHAMBALLA INC 63 SUMMIT WAY GARDINER, MT 59030 Priority Date: MAY 1, 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. Source Name: BASSETT CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWNWSE 29 8S 8E PARK 30 8S 8E PARK Period of Diversion: JANUARY 1 TO DECEMBER 1 Diversion Means: PIPELINE 2 Period of Diversion: 11 SWNE JANUARY 1 TO DECEMBER 1 Diversion Means: HEADGATE Ditch Name: BROGAN DITCH JANUARY 1 TO DECEMBER 1 Period of Use: Place of Use: ID 1 2 Acres Govt Lot 6 Qtr Sec SW Sec 19 Twp 8S Rge 8E County PARK 13 SE 19 8S 8E PARK NESW 19 8S 8E PARK 3 4 1 NW 30 8S 8E PARK 5 10 NE 30 8S 8E PARK THE PLACE OF USE IS ENTIRELY ON PRIVATE LANDS. March 26, 2024 43B 193576-00 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. 193574-00 193576-00 193861-00 USE OF THIS RIGHT IS GOVERNED BY A PRIVATE WATER USE AGREEMENT AND STIPULATION ON FILE WITH THE MONTANA WATER COURT. March 26, 2024 43B 193578-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM YELLOWSTONE RIVER, ABOVE & INCLUDING BRIDGER CREEK BASIN 43B 43B 193578-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: BROGAN LP PO BOX 47 GARDINER, MT 59030 Priority Date: JANUARY 21, 1909 Type of Historical Right: FILED Purpose (Use): POWER GENERATION Flow Rate: 12.50 CFS Volume: 9,072.23 AC-FT THE USE OF THIS WATER APPEARS TO BE LARGELY NONCONSUMPTIVE. BASSETT CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Period of Diversion: Qtr Sec Sec Twp Rge County SWNWSE 29 8S 8E PARK Sec 30 Twp 8S Rge 8E County PARK JANUARY 1 TO DECEMBER 31 PIPELINE Diversion Means: JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot 12 Qtr Sec THE PLACE OF USE IS ENTIRELY ON PRIVATE LANDS. Remarks: USE OF THIS RIGHT IS GOVERNED BY A PRIVATE WATER USE AGREEMENT AND A STIPULATION ON FILE WITH THE MONTANA WATER COURT. March 26, 2024 43B 193582-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM YELLOWSTONE RIVER, ABOVE & INCLUDING BRIDGER CREEK BASIN 43B 43B 193582-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: ACTIVE Status: Owners: BROGAN LP PO BOX 47 GARDINER, MT 59030 Priority Date: JUNE 18, 1969 Type of Historical Right: FILED Purpose (Use): FISH AND WILDLIFE Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. Volume: 6.24 AC-FT THE USE OF THIS WATER APPEARS TO BE LARGELY NONCONSUMPTIVE. UNNAMED TRIBUTARY OF YELLOWSTONE RIVER Source Name: GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID 1 Govt Lot Qtr Sec Sec Twp Rge County 11 NESE 19 8S 8E PARK Sec 19 Twp 8S Rge 8E County PARK Sec 19 Twp 8S Rge 8E County PARK Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: HEADGATE Reservoir: ONSTREAM Govt Lot Qtr Sec NESE Diversion to Reservoir: DIVERSION # 1 Dam Height: 20.00 FEET Depth: 15.00 FEET Surface Area: 0.52 ACRES Capacity: 3.12 ACRE-FEET JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot 11 Qtr Sec NESE March 26, 2024 43B 193583-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM YELLOWSTONE RIVER, ABOVE & INCLUDING BRIDGER CREEK BASIN 43B 43B 193583-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: BROGAN LP PO BOX 47 GARDINER, MT 59030 Priority Date: JUNE 18, 1969 Type of Historical Right: FILED Purpose (Use): FISH AND WILDLIFE Flow Rate: 224.40 GPM Volume: 180.70 AC-FT THE USE OF THIS WATER APPEARS TO BE LARGELY NONCONSUMPTIVE. SPRING, UNNAMED TRIBUTARY OF YELLOWSTONE RIVER Source Name: GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Period of Diversion: Qtr Sec Sec Twp Rge County NESE 19 8S 8E PARK Qtr Sec SENW Sec 19 Twp 8S Rge 8E County PARK NESW 19 8S 8E PARK JANUARY 1 TO DECEMBER 31 HEADGATE Diversion Means: JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 2 Acres Govt Lot March 26, 2024 43B 193861-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM YELLOWSTONE RIVER, ABOVE & INCLUDING BRIDGER CREEK BASIN 43B 43B 193861-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: ACTIVE Status: BROGAN LP PO BOX 47 GARDINER, MT 59030 Owners: CHURCH UNIVERSAL & TRIUMPHANT INC 63 SUMMIT WAY GARDINER, MT 59030-9314 Priority Date: MAY 1, 1882 Type of Historical Right: FILED Purpose (Use): IRRIGATION SPRINKLER/FLOOD Irrigation Type: *Flow Rate: 2.59 CFS *Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 5 - LOW Climatic Area: 68.50 *Maximum Acres: BASSETT CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWNWSE 29 8S 8E PARK 30 8S 8E PARK Period of Diversion: MAY 1 TO OCTOBER 1 Diversion Means: PIPELINE 2 11 SWNE Period of Diversion: MAY 1 TO OCTOBER 1 Diversion Means: HEADGATE Ditch Name: BROGAN DITCH MAY 1 TO OCTOBER 1 Period of Use: *Place of Use: ID 1 Acres 30.90 Govt Lot 6 Qtr Sec SW Sec 19 Twp 8S Rge 8E County PARK 2 2.30 13 SE 19 8S 8E PARK 3 10.80 NESW 19 8S 8E PARK 4 14.70 1 NW 30 8S 8E PARK 9.80 10 NE 30 8S 8E PARK 5 Total: 68.50 March 26, 2024 43B 193861-00 Page 2 of 2 Post Decree Abstract THE PLACE OF USE IS ENTIRELY ON PRIVATE LANDS. Remarks: 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. 193861-00 193866-00 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. 193574-00 193576-00 193861-00 USE OF THIS RIGHT IS GOVERNED BY A PRIVATE WATER USE AGREEMENT AND A STIPULATION ON FILE WITH THE MONTANA WATER COURT. March 26, 2024 43B 193862-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM YELLOWSTONE RIVER, ABOVE & INCLUDING BRIDGER CREEK BASIN 43B 43B 193862-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: ACTIVE Status: Owners: BROGAN LP PO BOX 47 GARDINER, MT 59030 Priority Date: JUNE 18, 1969 Type of Historical Right: FILED Purpose (Use): IRRIGATION FLOOD Irrigation Type: 382.38 GPM Flow Rate: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. *Volume: 5 - LOW Climatic Area: 15.00 *Maximum Acres: SPRING, UNNAMED TRIBUTARY OF YELLOWSTONE RIVER Source Name: GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Twp Rge County 14 NESE 19 8S 8E PARK Qtr Sec S2S2 Sec 19 Twp 8S Rge 8E County PARK NWNE 30 8S 8E PARK 1 Period of Diversion: MAY 1 TO OCTOBER 1 Diversion Means: HEADGATE MAY 1 TO OCTOBER 1 Period of Use: *Place of Use: ID 1 Acres 7.00 2 8.00 Total: Govt Lot 15.00 PLACE OF USE ID # 1 INCLUDES GOV. LOT 6 AND 13. PLACE OF USE ID # 2 INCLUDES GOV. LOT 1 AND 10. THE PLACE OF USE IS COMPLETELY ON PRIVATE LAND. Remarks: 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. 193860-00 193862-00 193865-00 193867-00 March 26, 2024 43B 193865-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM YELLOWSTONE RIVER, ABOVE & INCLUDING BRIDGER CREEK BASIN 43B 43B 193865-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: BROGAN LP PO BOX 47 GARDINER, MT 59030 Priority Date: JUNE 1, 1952 Type of Historical Right: FILED Purpose (Use): IRRIGATION Flow Rate: 336.60 GPM Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 5 - LOW Climatic Area: Maximum Acres: 20.00 Source Name: YELLOWSTONE RIVER SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec 1 Period of Diversion: MAY 1 TO OCTOBER 1 Diversion Means: PUMP Sec Twp Rge County 30 8S 8E PARK THE POINT OF DIVERSION IS APPROXIMATELY 1,400 FEET SOUTH OF THE CORWIN SPRINGS BRIDGE ABUTMENT. MAY 1 TO OCTOBER 1 Period of Use: Place of Use: ID 1 Acres 10.00 2 10.00 Total: Govt Lot Qtr Sec N2SE Sec 30 Twp 8S Rge 8E County PARK SESE 30 8S 8E PARK 20.00 PLACE OF USE ID # 1 INCLUDES GOV. LOT 13 AND 14. PLACE OF USE ID # 2 INCLUDES GOV. LOT 15. THE PLACE OF USE IS LOCATED ENTIRELY ON PRIVATE LANDS. Remarks: 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. 193860-00 193862-00 193865-00 193867-00 March 26, 2024 43B 193865-00 Page 2 of 2 Post Decree Abstract 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. 193581-00 193865-00 193867-00 March 26, 2024 43B 193866-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM YELLOWSTONE RIVER, ABOVE & INCLUDING BRIDGER CREEK BASIN 43B 43B 193866-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: ACTIVE Status: BROGAN LP PO BOX 47 GARDINER, MT 59030 Owners: WESTERN SHAMBALLA INC 63 SUMMIT WAY GARDINER, MT 59030 Priority Date: JUNE 18, 1969 Type of Historical Right: FILED Purpose (Use): IRRIGATION SPRINKLER/FLOOD Irrigation Type: 2.59 CFS *Flow Rate: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. Volume: 5 - LOW Climatic Area: *Maximum Acres: 68.50 *Source Name: BASSETT CREEK SURFACE WATER Source Type: *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWNWSE 29 8S 8E PARK 30 8S 8E PARK Period of Diversion: MAY 1 TO OCTOBER 15 Diversion Means: PIPELINE 2 11 SWNE Period of Diversion: MAY 1 TO OCTOBER 15 Diversion Means: HEADGATE Ditch Name: BROGAN DITCH MAY 1 TO OCTOBER 15 Period of Use: *Place of Use: ID 1 Acres 30.90 Govt Lot 6 Qtr Sec SW Sec 19 Twp 8S Rge 8E County PARK 2 2.30 13 SE 19 8S 8E PARK 3 10.80 NESW 19 8S 8E PARK 4 14.70 1 NW 30 8S 8E PARK 9.80 10 NE 30 8S 8E PARK 5 Total: 68.50 March 26, 2024 43B 193866-00 Page 2 of 2 Post Decree Abstract THE PLACE OF USE IS ENTIRELY ON PRIVATE LANDS. Remarks: 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. 193861-00 193866-00 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. 193577-00 193866-00 USE OF THIS RIGHT IS GOVERNED BY A PRIVATE WATER USE AGREEMENT AND A STIPULATION ON FILE WITH THE MONTANA WATER COURT. March 26, 2024 43B 193867-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM YELLOWSTONE RIVER, ABOVE & INCLUDING BRIDGER CREEK BASIN 43B 43B 193867-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: BROGAN LP PO BOX 47 GARDINER, MT 59030 Priority Date: JUNE 1, 1952 Type of Historical Right: FILED Purpose (Use): IRRIGATION FLOOD Irrigation Type: Flow Rate: 336.60 GPM Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 5 - LOW Climatic Area: Maximum Acres: 20.00 Source Name: YELLOWSTONE RIVER SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NESW 30 8S 8E PARK Qtr Sec N2SE Sec 30 Twp 8S Rge 8E County PARK SESE 30 8S 8E PARK Period of Diversion: MAY 1 TO OCTOBER 1 Diversion Means: PUMP MAY 1 TO OCTOBER 1 Period of Use: Place of Use: ID 1 Acres 10.00 2 10.00 Total: Govt Lot 20.00 PLACE OF USE ID # 1 INCLUDES GOV. LOT 13 AND 14. PLACE OF USE ID # 2 INCLUDES GOV. LOT 15. THE PLACE OF USE IS LOCATED ENTIRELY ON PRIVATE LANDS. Remarks: 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. 193860-00 193862-00 193865-00 193867-00 March 26, 2024 43B 193867-00 Page 2 of 2 Post Decree Abstract 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. 193581-00 193865-00 193867-00

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