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 03/04/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: Julia __________________ Romero 43B-1019-R-2021 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 1-800-624-3270 (406) 586-4364 watercourt@mt.gov Stern, Anika 29.00 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 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 FINDINGS OF FACT 1. At present, the record owner of claims 43B 193575-00, 43B 193578-00, 43B 193582-00, 43B 193583-00, 43B 193862-00, 43B 193865-00, and 43B 193867-00 is Brogan LP (Brogan). Western Shamballa Inc. (WSI) is the present record owner of claim 193576-00. Church Universal & Triumphant (Church) is the present record owner of claim 43B 193861-00. Brogan and WSI are the present record co-owners of claim 43B 193866-00. 2. Claims 43B 193576-00, 43B 193578-00, 43B 193582-00, 43B 193583-00, 43B 193861-00, 43B 193862-00, 43B 193865-00, and 43B 193866-00, were decreed with DNRC issue remarks: 43B 193576-00: POINT OF DIVERSION, DITCH NAME, AND MEANS OF DIVERSION WERE MODIFIEO AS A RESULT OF DNRC REVIEW UNDER MONTANA WATER COURT REEXAMINAIION ORDERS. IF NO OBJECTIONS ARE FILED TO THIS CLAIM, THESE ELEMENTS WILL REMAIN AS THEY APPEAR ON 'MIS ABSTRACT AND THE REMARK WILL BE REMOVED FROM THE CLAIM. 43B 193578-00: POINT OF DIVERSION 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. 43B 193582-00: POINT OF DIVERSION 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. 43B 193583-00: THE CAPACII-Y OF THE DIVERSION AND CONVEYANCE SYSTEM CANNOT BE DETERMINED AND THE FLOW RATE REMAINS AS ORIGINALLY CLAIMED. THE CLAIMED FLOW RATE CAN BE CONTESTED BY PROPER OBJECTION. IF NO OBJECTIONS ARE FILED TO THIS CLAIM THE FLOW RATE WILL BE DECREED AS CLAIMED. AND THIS REMARK WILL BE REMOVED FROM THE CLAIM. POINT OF DIVERSION 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. THE VOLUME OF THIS CLAIM CANNOT BE DETERMINED FROM AVAILABLE INFORMATION, AND VOLUME REMAINS AS ORIGINALLY CLAIMED. THE CLAIMED VOLUME CAN BE CONTESTED BY PROPER OBJECTION. IF NO OBJECTIONS ARE FILED TO THIS CLAIM THE VOLUME WILL BE DECREED AS CLAIMED. AND THIS REMARK WILL BE REMOVED FROM THE CLAIM. 2 43B 193861-00: THE TIMELY FILED OBJECTION OF UNITED STATES OF AMERICA WAS AMENDED BY AGREEMENT OF THE PARTIES TO INCLUDE PLACE OF USE . BECAUSE THIS ELEMENT WAS NOT INCLUDED ON THE OBJECTION LIST. ANY WATER USER WHOSE RIGHTS MAY BE ADVERSELY AFFECTED BY ENFORCEMENT OF THIS CHANGE MAY PETITION THE APPROPRIATE COURT FOR RELIEF OR MAY FILE AN OBJECTION AT THE PRELIMINARY DECREE. POINT OF DIVERSION AND DITCH NAME WERE 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. 43B 193862-00: THE TIMELY FILED OBJECTION OF THE OEPARTMENT OF FISH, WILDLIFE AND PARKS WAS AMENDED BY WELCH BROGAN TO INCLUDE PLACE OF USE . BECAUSE THIS ELEMENT WAS NOT INCLUDED ON THE OBJECTION LIST. ANY WATER USER WHOSE RIGHTS MAY BE ADVERSELY AFFECTED BY ENFORCEMENT OF THIS CHANGE MAY PETITION THE APPROPRIATE COURT FOR RELIEF OR MAY FILE AN OBJECTION AT THE PRELIMINARY DECREE. 43B 193865-00: THE IRRIGATION TYPE IS MISSING. THE CLAIMED POINT OF DIVERSION IS IN QUESTION. THE LOCATION OF THE PUMP CANNOT BE IDENTIFIED FROM AVAILABLE DATA. 43B 193866-00: THE TIMELY FILED OBJECTION OF UNITED STATES OF AMERICA WAS AMENDED BY AGREEMENT OF THE PARTIES TO INCLUDE PLACE OF USE, POINT OF DIVERSION AND MEANS OF DIVERSION BECAUSE THESE ELEMENTS WERE NOT INCLUDED ON THE OBJECTION LIST. ANY WATER USER WHOSE RIGHTS MAY BE ADVERSELY AFFECTED BY ENFORCEMENT OF THESE CHANGES MAY PE11110N THE APPROPRIATE COURT FOR RELIEF OR MAY FILE AN OBJECTION AT THE PRELIMINARY DECREE. DITCH NAME WAS MODIFIEO 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 PIE REMARK WILL BE REMOVED FROM THE CLAIM. GOVT LOTS SHOULD BE ADDED TO POINTS OF DIVERSION LEGAL DESCRIPTIONS FOR THE BROGAN DITCHES FOR CONSISTENCY WITH OTHER 438 CLAIMS. GOVT LOT 12 FOR NO. 1 AND GOVT LOT 11 FOR NO. 2 3. The United States of America (Forest Service) objected to claims 43B 193575-00, 43B 193576-00, 43B 193582-00, 43B 193593-00, 43B 193561-00, 43B 193862-00, 43B 193865-00, 43B 193866-00, and 43B 193867-00; Brogan objected to claims 43B 193576-00 and 43B 193861-00; and Church objected to claim 43B 19357800. 4. On December 15, 2023, the parties mediated Case 43B-1019-R-2021 with mediator Anna Stradley. Brogan, WSI, and Church settled and filed a Stipulation on December 15, 2023. (Doc. 120.00). Brogan, WIS, Church, and the Forest Service also 1 “Doc.” numerical references correlate to case file docket numbers in the Water Court’s Full Court case 3 settled and filed a Stipulation on February 9, 2024. (Doc. 28.00). The Stipulations resolve the Objections and address the issue remarks decreed on the claims in the Case. 5. According to the Stipulations, ownership of some claims in Case 43B- 1019-R-2021 should be updated consistent with deeds. It is unclear whether the parties attempted to update ownership of the claims with the DNRC; however, no ownership update is documented in the DNRC Water Rights Information System database – it appears no ownership update forms have been submitted to the DNRC. 6. According to the record, the following modification should be made to claim 43B 193575-00: Place of Use: ID Acres Govt Lot 1 a 7. aec ri 11 -14 Sec SI iS a0 at SS Sa Conon: 8E PARK SE—PARK According to the record, the following modifications should be made to claim 43B 193576-00: 2 Point of Diversion and Means of Diversion: ID Sec Two 17 .ISWNE I 30 JANUARY 1 TO DECEMBER 1 IHEADGATE BROGAN DITCH JANUARY 1 TO DECEMBER 1 85 Govt Lot 1 Ofr Sec Diversion Means: 42 ISWNWSE JANUARY 1 TO DECEMBER 1 PIPELINE Diteh-Name BROGAN-DITCH Period of Diversion: 2 Period of Diversion: Diversion Means: Ditch Name: Period of Use: IS Eze Count,: 8E PARK 8E PARK Place of Use: IIl 1 Acres Gort Lot Otr SW 2 3 Rea Sec 18 8S E SE 11 Y1 %, 11° as && Countv 8E PARK 8E PARK I 4 10 management system. The Stipulations quantified the place of use for stock water claim 43B 193576-00. Stock water claims are traditionally not quantified; as such, this Master is concluding the quantifications on the Stipulations were oversight. 2 4 CMPU: THE PLACE OF USE IS ENTIRELY ON PRIVATE LANDS. CMGI: USE OF THIS RIGHT IS GOVERNED BY A PRIVATE WATER USE AGREEMENT AND A STIPULATION ON FILE WITH THE MONTANA WATER COURT. 8. According to the record, the following modifications should be made to claim 43B 193578-00: 4-1EADGATE PIPELI NE Divenion \fens: ?lac e of Use: Tart Ann Strati n 1 +AIME iti in 30 Est Cam 85 8E PARK CMPU: THE PLACE OF USE IS ENTIRELY ON PRIVATE LANDS. CMGI: USE OF THIS RIGHT IS GOVERNED BY A PRIVATE WATER USE AGREEMENT AND A STIPULATION ON FILE WITH THE MONTANA WATER COURT. 9. According to the record, the following modifications should be made to claim 43B 193582-00: Whine: 0 24 AC-FT Mart a Use: Arm Cart I..twt 1 arSult NESE SEAM 11 2- 10. SAL 19 8S Eizt Conan SE PARK 4-111 SS 8E PARK 44 as SE PARK 38, BS 8C PARK According to the record, the following modifications should be made to claim 43B 193583-00: Volume 180 .70 lAc-Fr Point of Diner:ion and Means ofDivenimi: jL antial tab. S. NESE Pencat of Dmertion: JANUARY 1TO DECEMBER 31 Diiersiou]Ieao;: HEADGATE Su an El SS BE Cazzia PARK Plac e of Use: IR 1 Ann trulLal SIILles NESW SENW 4 11. 5es. Ima 16 8S Ea Enna 8E PARK 19 4-9 8S BS 8E PARK 8E PARK 98 es -BC—PAR* According to the record, the following modifications should be made to claim 43B 193861-00: 5 Irrigation Type: fE.GGB FLOOD/SPRINKLER Point of Diver:ion :tad Mums ofDiversion: ID QtrSK Govt Lot 4-2 SWNWSE BS 8E C aunty PARK 30 85 8E PARK MAY 1 TO OCTOBER 1 'PIPELINE. Period of Diver:ion: Div er:i ou Ale a rm: Ditch Name.: GROGAN-OFFGH 11 Period of Diver:ion: MAY 1 TO OCTOBER 1 HEADGATE o u Means: DiVe Sec 1= 1170NN BROGAN DITCH Diuh Nam e: The following place of use should replace the place of use decreed on claim 43B 19386100: ID 1 2 3 4 Total: Acres 30.9 23 10.8 14.7 9_/1 68.50 GI:oft Lot - Soc 19 19 19 30 30 SE NI.•;S‘k NW VF 13 10 Twp SS SS 8S SS SS Coun t y PARK PARK PARK PARK PARK 8E SE SE SE. SE CMPU: THE PLACE OF USE IS ENTIRELY ON PRIVATE LANDS. CMGI: USE OF THIS RIGHT IS GOVERNED BY A PRIVATE WATER USE AGREEMENT AND A STIPULATION ON FILE WITH THE MONTANA WATER COURT. 12. According to the record, the following modifications should be made to claim 43B 193862-00: Flow Ra le : 1382.38 GPM Point of Dm tr awn anal Means of Diversion: ID Gant Lot 14 Sec INFSE Period of MAY 1 TO OCTOBER 1 Dwersion Mean:: HEADGATE E 8S Rze County 8E PARK `Place of Use: ID 1 Acres 7.00 2 8.00 Total: Govl Lot BtrSee Sec S2S2 18 30 kel County 83 83 8E PARK. 8E PARK 15.00 CMPU: THE PLACE OF USE IS COMPLETELY ON PRIVATE LAND. CMPU: PLACE OF USE ID # 1 INCLUDES GOV. LOT 8 AND 13. PLACE OF USE ID # 2 INCLUDES GOV. LOT 1 AND 10. To address the point of diversion issue remark indicating the location of the pump could not be identified decreed on claim 43B 193862-00, the following information remark should be added to the claim: 6 CMDI: THE POINT OF DIVERSION IS APPROXIMATELY 1,400 FEET SOUTH OF THE CORWIN SPRINGS BRIDGE ABUTMENT. This information remark is consistent with the following information on the Statement of Claim: Tributary of V-U (Point of Diversion: County i 5 / 2)0 ,- .070/7: - South buttress of Corwin Bridge h 8 ,r 111s, R 13 Pr 1/4 1/4 14 / , Sectlon 30 4 ,,rten.4 .t c)c.,9,-/o ", or ,10./4, 7- a A- ,u i e..z .-7..siosi, ,<:_.5 7. Means of Diversion: ,,,,,c.,,,,,i ot,e,,,,4.7 , 52-r-A—.. V)„,.1- / 'woo "de-4=7" 5 -ePa7-,/ a ,-- /// 'S. g Pump n 13. Capacity gpm 15IU0 ./%21,4:Pr% f*l 1.1c.rinto mnri ditrh nr nine. e'll According to the record, the following modifications should be made to claim 43B 193865-00: na.eo GPM 20.00 Nlatinurn Acres: Place of Use: Acres ID 1 2 C-evt Let Orr Sec 110.00 =1 SESE 10.00 Sec 3C 30 Tyra 83 EIS Rae County BE PARK 83 FARK CMPU: THE PLACE OF USE IS LOCATED ENTIRELY ON PRIVATE LANDS. CMPU: PLACE OF USE ID # 1 INCLUDES GOV. LOT 13 AND 14. PLACE OF USE ID # 2 INCLUDES GOV. LOT 15. CMDI: THE POINT OF DIVERSION IS APPROXIMATELY 1.400 FEET SOUTH OF THE CORWIN SPRINGS BRIDGE ABUTMENT. 14. According to the record, the following modifications should be made to claim 43B 193866-00: Irrigation Type: FLOOD FL SPRINKLER I 'Point of Dis*S3011and Means al:liver:ion: ID 011r Sec SWNWSE C-ovr Lot Period of Diversion: MAY 1 TO OCTOBER 15 Diversion Means: 41-1-EACCIRA-TE PIPELINE Ditch Name: IFIROGAN-EN:PG14 11 Period of Diversion.. MAY 1 TO OCTOBER 18 2 Diversion Means: HEADGATE Ditch Name: BROGAN DITCH SWNE 83 ;Le 8E County PARK BS 8E PARK Sec 30 The following place of use should replace the place of use decreed on claim 43B 19386600: 7 ID 1 2 3 4 5 1u tail: Acres. 30.9 23 MS 14.7 9_8 6S.50 Govt Lot a 13 1 10 Otr Sec SVW SE NESW NW NE Soc 19 19 19 30 30 "1". SS SS SS SS SS ag SE SE SE SE SE County PARK PARK PARK PARK PARK CMPU: THE PLACE OF USE IS ENTIRELY ON PRIVATE LANDS. CMGI: USE OF THIS RIGHT IS GOVERNED BY A PRIVATE WATER USE AGREEMENT AND A STIPULATION ON FILE WITH THE MONTANA WATER COURT. 15. According to the record, the following modifications should be made to claim 43B 193867-00: Flow Rate: 338.60 ,G PM Mariam Acres: 20.00 Race of Use: ID 2 Acres 10.00 — Gort Lot N 2SE SESE 11o.00 Sr{ inn 30 SS 36 83 See Counts. 8E PARK 83 PARK CMPU: THE PLACE OF USE IS LOCATED ENTIRELY ON PRIVATE LANDS. CMPU: PLACE OF USE ID # 1 INCLUDES GOV. LOT 13 AND 14. PLACE OF USE ID # 2 INCLUDES GOV. LOT 15. 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 filed. Sections 85-2-233, 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 notice-type issue remarks decreed on several of the claims in this Case have served their purpose. As the Objections have been resolved, no further proceedings are required. 8 RECOMMENDATIONS 1. The requested ownership updates should not be processed at the Water Court. The parties should follow the process set by the DNRC to update ownership of the water rights. 2. The claims should be modified as described in Findings of Fact Nos. 6 through 15. Further, the issue remarks should be removed from the claims. Post Decree Abstracts of Water Right Claims are served with the Report for review. ELECTRONICALLY SIGNED AND DATED BELOW. 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 Service List Updated: 3/4/2024 \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\43B PD\43B Cases\1019R\43B-1019-R-2021 MR 2.13.24 rc.docx 9 Electronically Signed By: Hon. Judge Anika Stern Mon, Mar 04 2024 12:03:29 PM February 29, 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 February 29, 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: Status: ACTIVE 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. Remarks: February 29, 2024 43B 193576-00 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. 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. February 29, 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. February 29, 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 February 29, 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 February 29, 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: Status: ACTIVE 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 Qtr Sec SW Sec 19 Twp 8S Rge 8E County 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 2 2.30 13 3 10.80 4 14.70 5 9.80 Total: SE 19 8S 8E PARK NESW 19 8S 8E PARK 1 NW 30 8S 8E PARK 10 NE 30 8S 8E PARK 68.50 THE PLACE OF USE IS ENTIRELY ON PRIVATE LANDS. Remarks: February 29, 2024 43B 193861-00 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. 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. February 29, 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 February 29, 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 February 29, 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 February 29, 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 February 29, 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. February 29, 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 February 29, 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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