Quigley Family Trust; CK Separate Saubert Property Trust; John A. Stebbins; Thomas and Marilyn Saubert Family Trust
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FILED 01/05/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 76LJ-6001-A-2023 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 1-800-624-3270 (In-state only) (406) 586-4364 watercourt@mt.gov Weisz, Madeleine 3.00 IN THE WATER COURT OF THE STATE OF MONTANA CLARK FORK DIVISION FLATHEAD RIVER TO AND INCLUDING FLATHEAD LAKE – BASIN 76LJ ********************************* CLAIMANTS: Quigley Family Trust; CK Separate 76LJ-6001-A-2023 Saubert Property Trust; John A. Stebbins; 76LJ 9674-00 Thomas and Marilyn Saubert Family Trust ORDER AMENDING CLAIM AND ORDER REMOVING ISSUE REMARK FROM CLAIM On October 16, 2023, Claimants John A. Stebbins, Thomas and Marilyn Saubert Family Trust, Quigley Family Trust, and CK Saubert Separate Property Trust (“the Claimants”) filed a Motion to Amend Claim 76LJ 9674-00. Claim 76LJ 9674-00 is an irrigation claim for 2.01 cfs from Half Moon Slough. The motion to amend requests that the flow rate be increased to 2.5 cfs based on the Notice of Appropriation attached to the Statement of Claim form. In a November 7, 2023, Order, the Court stated that because the Preliminary Decree in Basin 76LJ will be issued soon, the motion to amend would not be processed and instead a remark would be added to claim 76LJ 9674-00 providing notice that the motion to amend was filed. On January 2, 2024, the Court Extended the Stay in Basin 76LJ until March 29, 2024. Therefore, the motion to amend claim 76LJ 9674-00 may be processed prior to 1 issuance of the 76LJ Preliminary Decree. The flow rate for claim 76LJ 9674-00 will be increased from 2.01 to 2.5 cfs pursuant to the Claimants’ motion to amend. The issue remark placed on the claim will be removed; notice is not required for motions to amend filed prior to the issuance of a preliminary decree. Section 85-2233(6)(a), MCA. An information remark indicating that the flow rate was amended by the Claimants will be added to the claim. Accordingly, it is ORDERED that the flow rate for claim 76LJ 9674-00 is amended from 2.01 cfs to 2.5 cfs; ORDERED that the issue remark on claim 76LJ 9674-00 is removed from claim; ORDERED that an information remark will be added to claim 76LJ 9674-00 to indicate that the flow rate was amended by the claimant. A copy of the claim abstract for 76LJ 9674-00 is attached for review. ELECTRONICALLY SIGNED AND DATED BELOW. Service via USPS Mail: John A. Stebbins 218 Egan Road Kalispell, MT 59901 Service via Electronic Mail: Courtesy Copy: Kalispell Regional Office Attn: Jim Ferch 655 Timberwolf Parkway, Suite 4 Kalispell, MT 59901 (406) 752-2288 JFerch@mt.gov Quigley Family Trust 120 Egan Road Kalispell, MT 59901 CK Saubert Separate Property Trust 1851 Steel Bridge Road Kalispell, MT 59901-7885 Thomas and Marilyn Saubert Family Trust Thomas and Marilyn Saubert Trustees 1851 Steel Bridge Road Kalispell, MT 59901-7885 \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\76LJ\Cases\76LJ-6001-A-2023\MW 76LJ-6001-A-2023 Order Amending Claim and Removing Issue Remark 1-4-2024 rr.docx 2 Electronically Signed By: Hon. Judge Madeleine Weisz Fri, Jan 05 2024 12:46:17 PM January 4, 2024 76LJ 9674-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM FLATHEAD RIVER, TO & INCLUDING FLATHEAD LAKE BASIN 76LJ 76LJ 9674-00 Water Right Number: Version: STATEMENT OF CLAIM 4 -- ORIGINAL RIGHT Status: JOHN A STEBBINS 218 EGAN RD KALISPELL, MT 59901 Owners: QUIGLEY FAMILY TRUST 120 EGAN RD KALISPELL, MT 59901 SAUBERT, CK SEPARATE PROPERTY TRUST 1851 STEEL BRIDGE RD KALISPELL, MT 59901-7885 THOMAS AND MARILYN SAUBERT FAMILY TRUST % THOMAS & MARILYN SAUBERT TTEES 1851 STEEL BRIDGE RD KALISPELL, MT 59901 Priority Date: APRIL 3, 1950 Type of Historical Right: FILED Purpose (Use): IRRIGATION SPRINKLER Irrigation Type: 2.50 CFS Flow Rate: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. *Volume: 3 - MODERATE Climatic Area: Maximum Acres: 135.74 Source Name: HALF MOON SLOUGH SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge NENWNE 26 28N 21W FLATHEAD Qtr Sec SWSE Sec 23 Twp 28N Rge 21W County FLATHEAD NWNE 26 28N 21W FLATHEAD Period of Diversion: JUNE 1 TO SEPTEMBER 15 Diversion Means: PUMP County JUNE 1 TO SEPTEMBER 15 Period of Use: Place of Use: ID 1 Acres 38.61 2 31.98 Govt Lot January 4, 2024 76LJ 9674-00 3 Page 2 of 2 Post Decree Abstract 65.15 Total: E2NW 26 28N 21W FLATHEAD 135.74 Remarks: THE FOLLOWING ELEMENTS WERE AMENDED BY THE CLAIMANT ON 03/15/2022: MAXIMUM ACRES AND PLACE OF USE. THE PLACE OF USE WAS AMENDED BY THE CLAIMANT ON 01/23/2013. THE FLOW RATE WAS AMENDED BY THE CLAIMANT ON 10/16/2023. STARTING IN 2008, PERIOD OF DIVERSION WAS ADDED TO MOST CLAIM ABSTRACTS, INCLUDING THIS ONE.
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