Veseth & Veseth Livestock Co.; Martin Sandvick, Veseth & Veseth Livestock Co. Implied Claims

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FILED 02/09/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 40E-0017-R-2022 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 1-800-624-3270 (406) 586-4364 watercourt@mt.gov Ostrem, Eyvind 20.00 IN THE WATER COURT OF THE STATE OF MONTANA LOWER MISSOURI DIVISION MISSOURI RIVER BASIN BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM - BASIN (40E) PRELIMINARY DECREE ******************************* CLAIMANTS: Veseth & Veseth Livestock Co.; Martin Sandvick OBJECTOR: Veseth & Veseth Livestock Co. CASE 40E-0017-R-2022 40E 22372-00 40E 22402-00 40E 22374-00 40E 22403-00 40E 22375-00 40E 22405-00 40E 22377-00 40E 22406-00 40E 22378-00 40E 22407-00 40E 22379-00 40E 22408-00 40E 22382-00 40E 22409-00 40E 22383-00 40E 22410-00 40E 22384-00 40E 22411-00 40E 22385-00 40E 22418-00 40E 22386-00 40E 22419-00 40E 22387-00 40E 22420-00 40E 22388-00 40E 22421-00 40E 22390-00 40E 22422-00 40E 22391-00 40E 30288-00 40E 22393-00 40E 30294-00 40E 22394-00 40E 30302-00 40E 22395-00 40E 30305-00 40E 22396-00 40E 30307-00 40E 22398-00 40E 30308-00 40E 22399-00 40E 122255-00 40E 22401-00 40E 165071-00 Implied Claims 40E 30160071 40E 30160072 40E 30160073 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. 1 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 to be added to the 10-day 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 The above-captioned claims appeared in the Preliminary Decree for the Missouri River Between Musselshell River and Fort Peck Dam (Basin 40E) issued October 7, 2020. Claimant Veseth & Veseth Livestock (Veseth) objected to all the claims in this case except claim 40E 122255-00. Many of the claims also received issue remarks from the Department of Natural Resources and Conservation (DNRC) indicating potential legal or factual issues with the claims. The Water Court consolidated the claims into Water Court Case 40E-0017-R-2022 to address the objections and issue remarks. The Court requested that Veseth file information or evidence supporting its objections and addressing any issue remarks. On October 6, 2022, Veseth submitted its Notice of Filing of Resolution of Objections (Doc. 8.00) 1 (“Response”) and on July 10, 2023, Veseth filed its Notice of Filing of Additional Evidence (Doc 18.00)(“Additional Evidence”). FINDINGS OF FACT 1. Martin Sandvick is listed as an owner of several claims in this case. The state’s Water Rights Database shows Mr. Sandvick as deceased. Veseth has represented to the Court that Mr. Sandvick owns no portion of the place of use of the claims for “Doc” refers to the docket number of the document in the Water Court’s Full Court Enterprise case management system. 1 2 which he is listed as an owner. The Court attempted to contact Mr. Sandvick or his successors on multiple occasions and was unsuccessful. On November 30, 2023, the Court issued an Order to Show Cause why Mr. Sandvick should not be removed as an owner of claims 40E 22377-00, 40E 22378-00, 40E 22379-00, 40E 22388-00, 40E 22401-00, 40E 22402-00, 40E 22403-00, 40E 2240600, 40E 22407-00, 40E 22408-00, 40E 22411-00, and 40E 22419-00. The Show Cause Order stated that if nothing was filed by the deadline, Mr. Sandvick’s name would be removed from the claims in the DNRC database. Nothing was filed by the deadline. 40E 22372-00 2. Claim 4E 22372-00 is an irrigation claim to two reservoirs – one on Third Creek and one on an unnamed Tributary of Third Creek. It appeared in the Preliminary Decree with the following issue remark raising legal or factual issues: THIS CLAIM APPEARS TO BE CLAIMING TWO SEPARATE SOURCES OF WATER. MORE THAN ONE WATER RIGHT MAY BE INVOLVED. Veseth requests that the reservoir on Third Creek be removed from claim 40E 22372-00 and reflected in an implied claim. 40E 22372-00 should be modified as follows: Source Name: Source Tye: Seoece-Nort SeerceType THIRD CREEK SURFACE WATER LINNAMED-TRIBVTARY-OF-THIROCREEK GURFACE-WATER Point of Divenioo and MOBS of Disersiot Gore Lot 1 Period of Diverrice: Dived= Means: fl c NESESE Sec 29 24N hm 29E County PHILLIPS JANUARY 1 TO DECEMBER 31 DAM IsAWDAroW 28 24N 20€ PH1661PS PeReckstaesee, JANUARY-1.-TO-DECEMBER-34 Dissamilleaos: DAM RtSeritir ONSTREAM 3 fiat Let Diversion to Reservoir: Dam Magid: Depth: Sadao Area: Capacilr Realritir. •Date-Height. DeptIE Surface Capvt: axles NESESE Is In 2e 24N Ea Coot 29E PHILLIPS Sec 28 at 4—Catt 2111E—RHIL-UPS DIVERSION # I 12.0D FEET aoo FEET 18.89 ACRES mos ACRE-FEET ONSMRE1UA CostLot ofr 1444AroV4 24N ONERSIGN4/-2 12.D2 IMO AMMO 11 51 ACRES 41 ACRE MET ESTIMATED-BY-DNRC: An informational remark should be added to the claim, stating: “The combined volume of claims 40E 22372-00 and 40E 30160071 shall not exceed 74.50 AC-FT.” Claim 40E 22372-00 also received the following issue remarks that serve only to provide notice to water users (Notice Only Remarks): THE CLAIMANT DID NOT IDENTIFY THE PERIOD OF DIVERSION FOR THIS RIGHT. A PERIOD OF DIVERSION HAS BEEN ADDED TO MATCH THE PERIOD OF USE. IF NO OBJECTIONS ARE RECEIVED TO THE PERIOD OF DIVERSION OR PERIOD OF USE, THOSE ELEMENTS WILL BE DECREED AS SHOWN ON THIS ABSTRACT AND THIS ISSUE REMARK WILL BE REMOVED FROM THIS CLAIM. RESERVOIR RECORD AND MEANS OF DIVERSION 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. 40E 30160071 (implied from 40E 22372-00) 3. Implied claim 40E 30160071 should be created with the same elements as claim 40E 22372-00 except as follows: 4 Source Name: UNNAMED TRIBUTARY OR THIRD CREEK Point of Dil enion and Means of Diversion: ID S ec Sec SI ft ! S Cm 1 NWNWSW 28 24N 29E PHILLIPS Source Name: UNNAMED TRIBUTARY OF THIRD CREEK Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM NWNWSW Diversion to Reservoir: Dam Height: Depth: Surface Area: Capacity: Sec Twp Rge 28 24N 29E DIVERSION #2 12.00 FEET 9.00 FEET 11.53 ACRES 41.51 ACRE- ad County PHILIPS THE DAM EXTENDS INTO THE W2SWSW, SEC 29 TWP 24N RGE 29E PHILLIPS. An informational remark should be added to the claim, stating: “The combined volume of claims 40E 22372-00 and 40E 30160071 shall not exceed 74.50 AC-FT.” 40E 22374-00 4. Veseth objected to Claim 40E 22374-00 seeking to increase the claim’s volume to the DNRC’s guidelines. Veseth’s request is supported by a July 7, 2023 Declaration of Dale Veseth. Doc. 18.00, Exhibit A. The claim should be modified as follows: Volume: 64.50 AC-FT 98.90 AC-FT 40E 22375-00 5. Veseth objected to Claim 40E 22375-00 seeking to increase the claim’s volume to the DNRC’s guidelines. Veseth’s request is supported by a July 7, 2023 Declaration of Dale Veseth. The claim should be modified as follows: Volume: 32.00 AC-FT 50.60 AC-FT 40E 22377-00 6. Claim 40E 22377-00 is a water spreading claim that received the following issue remark: THE CLAIMED POINT OF DIVERSION IS IN QUESTION. THE LOCATION OF THE DIKE CANNOT BE IDENTIFIED FROM AVAILABLE DATA. 5 Veseth notes that while dikes for this claim are difficult to identify on aerial photographs, the DNRC previously modified the point of diversion for this claim to the NWNWNW of Section 3, suggesting that it was once able to locate the dikes. The Claimant states that upon review, it has determined the abstract accurately reflects historical use. No modification of the point of diversion is necessary. Veseth also objected to the claim seeking to increase the claim’s volume to the DNRC’s guidelines. Veseth’s request is supported by a July 7, 2023 Declaration of Dale Veseth. The claim should be modified as follows: Volume: 16.50 AC-FT 25.30 AC-FT Martin Sandvick should be removed as an owner of the claim. 40E 22378-00 7. Veseth objected to the claim seeking to increase the claim’s volume to the DNRC’s guidelines. Veseth’s request is supported by a July 7, 2023 Declaration of Dale Veseth. The claim should be modified as follows: Volume: 15.00 AC-FT 23.00 AC-FT Martin Sandvick should be removed as an owner of the claim. The claim also received the following Notice Only Remark: MEANS OF DIVERSION AND RESERVOIR RECORD 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. 40E 22379-00 8. Veseth objected to Claim 40E 22379-00 seeking to increase the claim’s volume to the DNRC’s guidelines. Veseth’s request is supported by a July 7, 2023 Declaration of Dale Veseth. The claim should be modified as follows: Volume: 26.25 AC-FT 40.25 AC FT Martin Sandvick should be removed as an owner of the claim. 40E 22382-00 9. Veseth objected to Claim 40E 22382-00 seeking to correct the point of diversion. However, Veseth’s Response states that the elements of the claim accurately 6 reflect historical use and no corrections are necessary. The claim did not receive any issue remarks. 40E 22383-00 10. Veseth objected to Claim 40E 22383-00 seeking to correct the point of diversion. However, Veseth’s Response states that the elements of the claim accurately reflect historical use and no corrections are necessary. The claim did not receive any issue remarks. 40E 22384-00 11. Veseth objected to Claim 40E 22384-00 seeking to correct the legal land descriptions to accurately describe the location of the well. While DNRC modified the point of diversion for this claim to the NENENW of Section 21, T24N, R30 E, it left the place of use unchanged. Based on the map submitted with the Statement of Claim, the following correction should be made to match the place of use for this claim with the location of the well: Phce of t-se: ED 1 Qtr Sec NENENW Sec 24 21 'rya Rge 24N 30E County PHILLIPS The claim also received the following Notice Only Remark: 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. 40E 22385-00 12. Claim 40E 22385-00 is a stock claim diverted by a dam. Veseth objected to expand the place of use to include the entire reservoir including a portion of creek upstream of the dam where water backs up and stock drink. The Claimant’s aerial photo supports the objection, and the claim should be modified as follows: Place of Use: II) 1 2 3 gS ti SESE NESE NWSE Sec 29 29 29 agt 24N 24N 24N 29E 29E 29E Countv PHILLIPS PHILLIPS PHILLIPS The claim also received the following Notice Only Remarks: 7 THE CLAIMANT DID NOT IDENTIFY THE PERIOD OF DIVERSION FOR THIS RIGHT. A PERIOD OF DIVERSION HAS BEEN ADDED TO MATCH THE PERIOD OF USE. IF NO OBJECTIONS ARE RECEIVED TOTHE PERIOD OF DIVERSION OR PERIOD OF USE, THOSE ELEMENTS WILL BE DECREED AS SHOWN ONTHIS ABSTRACT AND THIS ISSUE REMARK WILL BE REMOVED FROM THIS CLAIM. RESERVOIR RECORD 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. 40E 22386-00 13. Claim 40E 22386-00 is a stock claim diverted by a dam. The DNRC modified the claim’s point of diversion during its reexamination and placed the following substantive issue remark on the claim: THE PLACE OF USE APPEARS TO NEED MODIFICATION BASED ON THE DNRC CORRECTION TO THE POINT OF DIVERSION AND RESERVOIR RECORD. THE CORRECT PLACE OF USE LEGAL LAND DESCRIPTION APPEARS TO BE THE NWSW SEC 28 TWP 24N RGE 29E PHILLIPS COUNTY. Veseth objected to expand the place of use to include the entire reservoir including a portion of creek upstream of the dam where water backs up and stock drink. The Claimant’s aerial photo supports the objection, and the claim should be modified as follows: Place of Use: ID 1 2 3 4 Th ti NESE SENE NWSW SWNW Sec 29 29 28 28 Twp 24N 24N 24N 24N REe 29E 29E 29E 29E SCo PHILLIPS PHILLIPS PHILLIPS PHILLIPS Veseth’s correction addresses the place of use issue remark. Upon review of this claim, the Court identified a clerical error in the section designation for the reservoir. The following correction should be made to correct the clerical error and ensure the reservoir record matches the point of diversion: 2 Reservoir ID 1 Acres Govt Lot Qtr Sec NWNWSW Sec 29 28 Twp 24N Rge 29E County Phillips This error was not previously identified by the Claimant. If the Claimant disagrees with this correction, it may object to this Master’s Report. 2 8 The claim also received the following Notice Only Remark: POINT OF DIVERSION AND RESERVOIR RECORD 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. 40E 22387-00 14. Claim 40E 22387-00 is a stock claim diverted by a dam. Veseth objected to the claim seeking to correct the place of use to include the entire reservoir where stock drink. The Claimant’s aerial photo supports the objection, and the claim should be modified as follows: Place of Use: 1 2 NWSWSW SWNWSW 8 8 24N 24N 29E 29E PHILLIPS PHILLIPS The claim also received the following Notice Only Remark: POINT OF DIVERSION AND RESERVOIR RECORD 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. 40E 22388-00 15. Claim 40E 22388-00 is a stock claim to a reservoir on an unnamed tributary of North Coulee. Veseth objected to the claim seeking to correct the place of use to include the entire reservoir where stock drink. The Claimant’s aerial photo supports the objection, and the claim should be modified as follows: Place of Use: ID 1 2 QS ti SWNESW SENWSW Sec 27 27 ST 23N 23N agE 29E 29E SCo PHILLIPS PHILLIPS Martin Sandvick should be removed as an owner of the claim. The claim also received the following Notice Only Remark: SOURCE NAME 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 9 40E 22390-00 16. Claim 40E 22390-00 is a stock claim to a reservoir on an unnamed tributary of Tank Coulee. Veseth objected to the claim’s point of diversion and place of use. The following modifications should be made as shown in the Claimant’s aerial photo. 3 Point of Diversion and Reservoir: ID 1 Govt Lot 1 Qtr See SWNE SE SWNE See _:, Twa 24N ligt 29E Cctiqi . PHILLIPS Place of Use: III 1 Govt Lot 1 Otr Sec g-WNESE W2NE Sec 2 24N 29E Coti PHILLIPS The claim also received the following Notice Only Remark: POINT OF DIVERSION AND RESERVOIR RECORD 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. 40E 22391-00 17. 40E 22391-00 is a stock claim to a reservoir on an unnamed tributary of Second Creek. Veseth objected to the claim seeking to correct the place of use to include the entire reservoir where stock drink. The Claimant’s aerial photo supports the objection, and the claim should be modified as follows: Place of Use: ID 1 2 3 tr Sec NENENW N2NWSE SWSW:Ng S2SWNE SESENW Sec 14 Twp 24N 29E PHILLIPS 14 24N 29E PHILLIPS 14 24N 29E PHILLIPS The claim also received the following Notice Only Remarks: This correction deviates from the Claimant’s requested modification because the Court identified a clerical error in the Claimant’s Response. Specifically, the Claimant’s response correctly identifies the point of diversion for this claim in section 2 (consistent with the Claimant’s aerial and the associated lot number), but incorrectly suggests the reservoir should be in section 28 (both in T24N. R29E). If the Claimant disagrees with this correction, it may object to this Master’s Report. 3 10 THE CLAIMANT DID NOT IDENTIFY THE PERIOD OF DIVERSION FOR THIS RIGHT. A PERIOD OF DIVERSION HAS BEEN ADDED TO MATCH THE PERIOD OF USE. IF NO OBJECTIONS ARE RECEIVED TOTHE PERIOD OF DIVERSION OR PERIOD OF USE, THOSE ELEMENTS WILL BE DECREED AS SHOWN ON THIS ABSTRACT AND THIS ISSUE REMARK WILL BE REMOVED FROM THIS CLAIM. RESERVOIR RECORD 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 40E 22393-00 18. Claim 40E 22393-00 is a stock claim to a reservoir on an unnamed tributary of Third Creek. Veseth objected to the claim seeking to correct the place of use to include the entire reservoir where stock drink and the period of use to reflect that stock drink from the reservoir year-round when water is in the source. The Claimant’s aerial photo supports the objection, and the claim should be modified as follows: Period of Use: May 1 to November 30 January 1 to December 31 Place of Use: Qg• Sec NWSWSW NESESE SENESE ID 1 2 3 Sec 26 27 27 I= 24N 24N 24N M 29E 29E 29E aC PHILLIPS PHILLIPS PHILLIPS 40E 22394-00 19. Claim 40E 22394-00 is a stock claim to a reservoir on an unnamed tributary of Third Creek. Veseth objected to the claim seeking to correct the place of use to include the entire reservoir where stock drink. The Claimant also seeks to correct the period of diversion to reflect that this onstream reservoir is diverted year-round and the period of use to reflect that Veseth cattle drink from the reservoir whenever water is present in the reservoir. The Claimant’s aerial photo supports the objection, and the claim should be modified as follows: Period of Diversion: May 1 to November 30 January 1 to December 31 Period of Use: May 1 to November 30 January 1 to December 31 Place of Use: 11 itr Sec NWSW NESE ID 1 2 Sec 35 34 "Tw 24N 24N M 29E 29E C(: 1 PHILLIPS PHILLIPS The claim also received the following Notice Only Remarks: THE CLAIMANT DID NOT IDENTIFY THE PERIOD OF DIVERSION FOR THIS RIGHT. A PERIOD OF DIVERSION HAS BEEN ADDED TO MATCH THE PERIOD OF USE. IF NO OBJECTIONS ARE RECEIVED TO THE PERIOD OF DIVERSION OR PERIOD OF USE, THOSE ELEMENTS WILL BE DECREED AS SHOWN ON THIS ABSTRACT AND THIS ISSUE REMARK WILL BE REMOVED FROM THIS CLAIM. RESERVOIR RECORD 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. 40E 22395-00: 20. Claim 40E 22395-00 is a stock claim to a reservoir on Third Creek. Veseth objected to the claim seeking to correct the place of use to include the entire reservoir where stock drink and the period of use to reflect that stock drink from the reservoir whenever there is water present. The Claimant’s aerial photo supports the objection, and the claim should be modified as follows: Period of Use: May 1 to November 30 January 1 to December 31 Place of Use: ID 1 2 Acres Govt Lot Qtr Sec SESE 4 NESE Sec 35 35 Twp 24N 24N Rge 29E 29E County Phillips Phillips 40E 22396-00 21. Claim 40E 22396-00 is a claim to a stock reservoir on an unnamed tributary of Tank Coulee. Veseth objected to the claim seeking to correct the point of diversion and reservoir record to accurately reflect the location of the dam. The Claimant’s aerial photograph supports the objection, and the claim should be modified as follows: Point of Diversion and Reservoir: The Claimant’s Response incorrectly suggests that Place of Use No. 1 for this claim is the NWSWSW of Section 26, T24N, R29E. This appears to be a clerical error. If the Claimant disagrees with this finding, it may object to this Master’s Report. 4 12 ID 1 eltr Sec SENWNE NENWNE Sec 21 Twp 24N gra 30E County PHILLIPS 40E 22398-00 22. Claim 40E 22398-00 is a stock claim to a reservoir on an unnamed tributary of Second Creek. Veseth objected to the claim and seeks to correct place of use to include the entire reservoir where stock drink. Veseth also seeks to correct the period of diversion to reflect that this onstream reservoir is diverted year-round and the period of use to reflect that Veseth’s cattle drink from the reservoir whenever water is present. The Claimant’s aerial photo supports the objection, and the claim should be modified as follows: Point of Diversion: Period of Diversion: Period of 'Use: Place of Use: D) 1 2 3 APRIL, 1 TO AUGUST 31 JANUARY 1 TO DECEMBER. 31 APRIL, 1 TO AUGUST 31 JANUARY 1 TO DECEMBER. 31 Otr Sec SE S2NESW N2SESW Sec 15 15 15 Twp 24N 24N 24N ag. t 29E 29E 29E Countv PHILLIPS PHILLIPS PHILLIPS The claim received the following Notice Only Remarks: THE CLAIMANT DID NOT IDENTIFY THE PERIOD OF DIVERSION FOR THIS RIGHT. A PERIOD OF DIVERSION HAS BEEN ADDED TO MATCH THE PERIOD OF USE. IF NO OBJECTIONS ARE RECEIVED TO THE PERIOD OF DIVERSION OR PERIOD OF USE, THOSE ELEMENTS WILL BE DECREED AS SHOWN ON THIS ABSTRACT AND THIS ISSUE REMARK WILL BE REMOVED FROM THIS CLAIM. RESERVOIR RECORD 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. 40E 22399-00 23. Claim 40E 22399-00 is a stock claim to a reservoir on an unnamed tributary of Second Creek. Veseth objected to the claim seeking to correct the place of use to 13 include the entire reservoir where stock drink. The Claimant’s aerial photo supports the objection, and the claim should be modified as follows: Place of Use: ID 1 2 3 Otr Sec SESWSE SWSESE NENWNE Sec 14 14 23 Twp 24N 24N 24N get 29E 29E 29E Countv PHILLIPS PHILLIPS PHILLIPS The claim also received the following Notice Only Remark: POINT OF DIVERSION AND RESERVOIR RECORD 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. 40E 22401-00 24. Claim 40E 22401-00 is a stock claim to a reservoir on an unnamed tributary of Fourchette Creek that appeared in the Preliminary Decree with the following substantive issue remark: THE PLACE OF USE APPEARS TO NEED MODIFICATION BASED ON THE DNRC CORRECTION TO THE POINT OF DIVERSION AND RESERVOIR RECORD. THE CORRECT PLACE OF USE LEGAL LAND DESCRIPTION APPEARS TO BE THE NWNENE SEC 4 TWP 22N RGE 29E PHILLIPS COUNTY. Veseth objected the claim seeking to correct the location of the reservoir and correct the period of use to reflect that Veseth livestock drink from the reservoir whenever water is present. The Claimant agrees that the point of diversion is accurate as decreed and the place of use should be modified as suggested in the issue remark. The claim should be modified as follows: Period of Use: MAY 1 TO OCTOBER 31 JANUARY 1 TO DECEMBER 31 Place of Use: ID 1 Otr Sec, NENE NWNENE Sec 122 22N &.1 29E Countv PHILLIPS 4 Martin Sandvik should be removed as an owner of the claim. The claim also received the following Notice Only Remark: 14 POINT OF DIVERSION AND RESERVOIR RECORD 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. 40E 22402-00: 25. Claim 40E 22402-00 is a stock claim to a reservoir on an unnamed tributary of Fourchette Creek that appeared in the Preliminary Decree with the following substantive issue remark: THE PLACE OF USE APPEARS TO NEED MODIFICATION BASED ON THE DNRC CORRECTION TO THE POINT OF DIVERSION AND RESERVOIR RECORD. THE CORRECT PLACE OF USE LEGAL LAND DESCRIPTION APPEARS TO BE THE NENWNW SEC 4 TWP 22N RGE 29E PHILLIPS COUNTY. Veseth objected the claim seeking to correct the location of the reservoir and correct the period of use to reflect that Veseth’s livestock drink from the reservoir whenever water is present. The Claimant agrees that the point of diversion is accurate as decreed and the place of use should be modified as suggested in the issue remark. The claim should be modified as follows: Period of Use: Place of tse: ID 1 MAY 1 TO OCTOBER 31 JANUARY 1 TO DECEMBER 31 Th ti SENE NENWNW Sec 4 Twp 22N II = 29E Countv PHILLIPS Martin Sandvik should be removed as an owner of the claim. The claim also received the following Notice Only Remark: POINT OF DIVERSION AND RESERVOIR RECORD 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. 40E 22403-00 26. Claim 40E 22403-00 is a stock claim to a reservoir on an unnamed tributary of Fourchette Creek. Veseth objected seeking to correct the place of use to include the 15 entire reservoir where stock drink. The Claimant’s aerial photo supports the objection and the claim should be modified as follows: Place of Use: Acres - ID 1 2 Govt Lot Qtr Sec NWSE NWSWSE Sec 28 28 Twp 23N 23N Rge 29E 29E County Phillips Phillips Martin Sandvik should be removed as an owner of the claim. 40E 22405-00: 27. Claim 40E 22405-00 is a stock claim to a reservoir on Tank Coulee. The claim is based on a January 27, 1958 Notice of Appropriation that states the water was appropriated in June of 1948. However, when Alfred Veseth filled out the Statement of Claim on behalf of the Claimant, he wrote only the year 1948 – no month or day. The claim therefore appeared in the Preliminary Decree with a priority date of December 31, 1948. Veseth objected to correct the priority date to reflect the date in the Notice of Appropriation and to modify the place of use to include the entire reservoir where stock drink. The Claimant’s aerial photograph supports the location of the reservoir, and the claim should be modified as follows: Priority Date: December 31, 1948 June 30, 1948 Place of Use: Acres Govt Lot Qtr Sec NW S2SW Sec 21 16 - - ID 1 2 Twp 24N 24N Rge 30E 30E County Phillips Phillips The claim also received the following Notice Only Remarks: THE CLAIMANT DID NOT IDENTIFY THE PERIOD OF DIVERSION FOR THIS RIGHT. A PERIOD OF DIVERSION HAS BEEN ADDED TO MATCH THE PERIOD OF USE. IF NO OBJECTIONS ARE RECEIVED TO THE PERIOD OF DIVERSION OR PERIOD OF USE, THOSE ELEMENTS WILL BE DECREED AS SHOWN ON THIS ABSTRACT AND THIS ISSUE REMARK WILL BE REMOVED FROM THIS CLAIM. RESERVOIR RECORD AND POINT OF DIVERSION 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. 16 40E 22406-00 28. Claim 40E 22406-00 is a stock claim to a reservoir on an unnamed tributary of Fourchette Creek. Veseth objected to correct the period of use to reflect that Veseth’s livestock drink from the onstream reservoir whenever water is present. The following modification should be made: Period of Use: March 1 to May 1 January 1 to December 31 Martin Sandvick should be removed as an owner of the claim. 40E 22407-00 29. Claim 40E 22407-00 is a stock claim to a reservoir on an unnamed tributary of Fourchette Creek. The original claimant located the reservoir in the NESENE of Section 5, T22N, R29E on the Statement of Claim. This location was supported by two affidavits of individuals with personal knowledge. When the DNRC reexamined the claim, it moved the point of diversion to the NESENE of Section 4. The DNRC then placed the following substantive issue remark on the claim: THE PLACE OF USE APPEARS TO NEED MODIFICATION BASED ON THE DNRC CORRECTION TO THE POINT OF DIVERSION AND RESERVOIR RECORD. THE CORRECT PLACE OF USE LEGAL LAND DESCRIPTION APPEARS TO BE THE NESENE SEC 4 TWP 22N RGE 29E PHILLIPS COUNTY. Veseth objected to the claim to correct the location of the reservoir. The Claimant’s aerial photo shows a reservoir in the NENE of Section 5, T22N, R29E, which is closer to the originally claimed point of diversion and therefore more likely to reflect the water right originally claimed. Accordingly, the following modification should be made to the claim: 17 Point of Diversion: ID 1 Reservoir: Place of Use: ID 1 tr Sec NESENE NENE Sec 4 5 ONSTREAM Otr Sec NESENE NENE Olr Sec NESENE NENE 22N 29E PHILLIPS Sec 4 5 Twn 22N &A. 29E Cc i PHILLIPS Sec 4 5 Twu 22N 29E PHILLIPS The claim received the following Notice Only Remark: POINT OF DIVERSION AND RESERVOIR RECORD 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. Martin Sandvick should be removed as an owner of the claim. 40E 22408-00 30. Claim 40E 22408-00 is a stock claim to a reservoir on an unnamed tributary of Fourchette Creek. Veseth objected to correct the period of use to reflect that Veseth’s livestock drink from the onstream reservoir whenever water is present. The following modification should be made: Period of Use: March 1 to May 1 January 1 to December 31 Martin Sandvick should be removed as an owner of the claim. 40E 22409-00 31. Veseth’s objection to claim 40E 22409-00 is resolved without modification to the claim. Doc. 8.00 at 18; Doc. 18.00 at 2. 40E 22410-00 32. Veseth’s objection to claim 40E 22410-00 is resolved without modification to the claim. Doc. 8.00 at 17. 40E 22411-00 33. Claim 40E 22411-00 is a stock claim to a reservoir on an unnamed tributary of Fourchette Creek. Veseth objected to correct the period of use to reflect that Veseth’s 18 livestock drink from the onstream reservoir whenever water is present. The following modification should be made: Period of Use: March 1 to May 1 January 1 to December 31 Martin Sandvick should be removed as an owner of the claim. 40E 22418-00 34. Claim 40E 22418-00 is a stock claim to a reservoir on Tank Coulee. Veseth objected to the claim seeking to correct the place of use to include the entire reservoir where stock drink. Veseth also seeks to correct the period of diversion to reflect that this onstream reservoir is diverted year-round and the period of use to reflect that Veseth’s cattle drink from the reservoir whenever water is present. The Claimant’s aerial photo supports the objection, and the claim should be modified as follows: Point of Diversion: Period of Diversion: Period of Use: Place of Use: ID 1 MAY 1 TO NOVEMBER 30 JANUARY 1 TO DECEMBER 31 MAY 1 TO NOVEMBER 30 JANUARY 1 TO DECEMBER 31 tr Sec SW S2SW N2NW Sec 16 Twp. 24N Le 30E County PHILLIPS 21 24N 30E PHILLIPS The Claim also received the following Notice Only Remarks: THE CLAIMANT DID NOT IDENTIFY THE PERIOD OF DIVERSION FOR THIS RIGHT. A PERIOD OF DIVERSION HAS BEEN ADDED TO MATCH THE PERIOD OF USE. IF NO OBJECTIONS ARE RECEIVED TO THE PERIOD OF DIVERSION OR PERIOD OF USE, THOSE ELEMENTS WILL BE DECREED AS SHOWN ON THIS ABSTRACT AND THIS ISSUE REMARK WILL BE REMOVED FROM THIS CLAIM. RESERVOIR RECORD AND POINT OF DIVERSION 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. 40E 22419-00 35. Veseth’s objection is resolved with no substantive modification to the claim. Doc. 18.00 at 2. Martin Sandvick should be removed as an owner of the claim. 19 40E 22420-00 36. Claim 40E 22420-00 is a domestic claim for a well in the SWNWSE of Section 30, T24N, R29E. Veseth objected seeking to correct the location where the claim was historically used, but states in its Additional Evidence that the place of use can remain as decreed. Doc. 18.00 at 2. Veseth also objected seeking to create an implied stock claim based on this domestic claim. When Alfred Veseth filed the original Statement of Claim for this right, he attached a Declaration of Vested Groundwater Rights, which states this is a right for “domestic & stock.” Implied claim 40E 30160072 should be generated to reflect historical stock use. It should share the same elements as claim 40E 22420-00 except as follows: 40E 30160072 (implied from 40E 22420-00) Purpose: Stock Claims 40E 30160072 and 40E 22420-00 should each receive a multiple use information remark limiting the quantity of water between the claims to historical use. 40E 22421-00 37. Claim 40E 22421-00 is a domestic claim for a well in the SWNESW of Section 14, T24N, R29E. Veseth objected seeking to correct the location where the claim was historically used, but states in its Response that the elements are accurate as decreed. Doc. 8.00 at 21. Veseth also objected seeking to create an implied stock claim based on this domestic claim. When Alfred Veseth filed the original Statement of Claim for this right, he attached an affidavit of Clarence Blunt, attesting to the fact that this well was historically used “for household and stock water use.” Implied claim 40E 30160073 should be generated to reflect historical stock use. It should share the same elements as claim 40E 22421-00 except as follows: 40E 30160073 (implied from 40E 22421-00) Purpose: Stock Claims 40E 30160073 and 40E 22421-00 should each receive a multiple use information remark limiting the quantity of water between the claims to historical use. 20 40E 22422-00 38. Veseth’s objection to claim 40E 22422-00 is resolved without modification to the claim. Doc. 8.00 at 22. 40E 30288-00 39. Claim 40E 30288-00 is an irrigation claim to a reservoir on Fourchette Creek, North Fork. Veseth objected to correct the location of the reservoir and place of use and increase the volume to one fill of the reservoir. Vesth’s Additional Evidence states the volume can remain as decreed. Doc. 18.00 at 2. The point of diversion and place of use objections are supported by the map submitted with the Statement of Claim and appear consistent with the Water Resources Survey map showing the location of the dikes. The claim should be modified as follows: Maximum Acres: Place of Use: ID Acres 1 3.40 2 4.35 3 5.60 4 0.75 Total: -MO 14.10 9 00 14.10 NENENW NWNWNE SESESW SWSWSE Sec 15 15 10 10 Tsva 23N 23N 23N 23N &E 29E 29E 29E 29E Cotql PHILLIPS PHILLIPS PHILLIPS PHILLIPS The Claim also received the following Notice Only Remarks: THE CLAIMANT DID NOT IDENTIFY THE PERIOD OF DIVERSION FOR THIS RIGHT. A PERIOD OF DIVERSION HAS BEEN ADDED TO MATCH THE PERIOD OF USE. IF NO OBJECTIONS ARE RECEIVED TO THE PERIOD OF DIVERSION OR PERIOD OF USE, THOSE ELEMENTS WILL BE DECREED AS SHOWN ON THIS ABSTRACT AND THIS ISSUE REMARK WILL BE REMOVED FROM THIS CLAIM. RESERVOIR RECORD 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. 40E 30294-00 40. Claim 40E 30294-00 is a stock claim to a reservoir on an unnamed tributary of Second Creek. Veseth objected the claim seeking to correct the place of use to include 21 the entire reservoir where livestock drink. The Claimant’s aerial photo supports the objection, and the claim should be modified as follows: Place of Use: ID Th ti 1 NENE N2NE Sec 17 Twp &E 24N 29E SCo PHILLIPS The claim also received the following Notice Only Remark: POINT OF DIVERSION AND RESERVOIR RECORD 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. claim: 40E 30302-00 41. Veseth’s objection to claim 40E 30302-00 is resolved without modification to the claim. Doc. 8.00 at 24. 40E 30305-00 42. Claim 40E 30305-00 is a stock claim to a reservoir on an unnamed tributary of Third Creek. Veseth objected to the place of use to correct the claim to include the full reservoir where stock drink. The Claimant’s aerial photo supports the objection, and the claim should be modified as follows: Place of 1L-se: ID 1 tr Sec E2SES 1 SESW Sec 27 ST 24N ags 29E County PHILLIPS 40E 30307-00 43. Claim 40E 30307-00 is a stock claim to a reservoir on an unnamed tributary of Third Creek. Veseth objected to the place of use to correct the claim to include the entire reservoir where livestock drink. The Claimant’s aerial photo supports the objection, and the claim should be modified as follows: Place of Use: ID 1 tr Sec W2NWNW E2NENE Sec 34 33 22 Twn 24N 24N &,1 29E 29E sCo PHILLIPS PHILLIPS The claim also received the following Notice Only Remarks: THE CLAIMANT DID NOT IDENTIFY THE PERIOD OF DIVERSION FOR THIS RIGHT. A PERIOD OF DIVERSION HAS BEEN ADDED TO MATCH THE PERIOD OF USE. IF NO OBJECTIONS ARE RECEIVED TO THE PERIOD OF DIVERSION OR PERIOD OF USE, THOSE ELEMENTS WILL BE DECREED AS SHOWN ON THIS ABSTRACT AND THIS ISSUE REMARK WILL BE REMOVED FROM THIS CLAIM. RESERVOIR RECORD 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. 40E 30308-00 44. Veseth’s objection to claim 40E 30308-00 is resolved without modification of the claim. Doc. 8.00 at 24. The claim received the following Notice Only Remark: 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. 40E 122255-00 45. Claim 40E 122255-00 is a water spreading irrigation claim that appeared in the Preliminary Decree with the following substantive issue remark: THE CLAIMED VOLUME APPEARS TO BE EXCESSIVE FOR THE CLAIMED PURPOSE. THE CLAIMED VOLUME EQUALS 21.3 TIMES THE CAPACITY OF THE RESERVOIR. The DNRC places these volume issue remarks on claims when the size of the reservoir appears inadequate to store and release the claimed volume. Because water spreading systems divert and use water based on availability, reservoirs in these systems often function primarily to divert the water, not store it. Therefore, the relatively small reservoir size does not indicate the volume of this claim is excessive. No modification is required. The claim received the following Notice Only Remark: MEANS OF DIVERSION AND RESERVOIR RECORD 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. 40E 165071-00 46. Claim 40E 165071-00 is an irrigation claim to a reservoir on an unnamed Tributary of Second Creek. It is a multiple use of the reservoir covered by claim 40E 23 165068-00. The Claimant objected to correct the reservoir information to match that of Claim 40E 165068-00. The claim should be modified as follows: Point of Diversion: Reservoir: ONSTREAM Otr Sec SWSWNW Diversion to Reservoir: Dam Height: Depth: Sec ST ags SCo 8 24N 29E PHILLIPS DIVERSION # 1 12.00 FEET 20.00 FEET 10.00 FEET 17.00 FEET Surface Area: 12.70 ACRES, 19.50 FEET Capacity: 50.60 ACRE FEET 144.00 ACRE-FEET THE RESERVOIR EXTENDS INTO THE E2NE SEC 7 TWP 24N RGE 29E PHILLIPS COUNTY. The claim received the following Notice Only Remarks: THE CLAIMANT DID NOT IDENTIFY THE PERIOD OF DIVERSION FOR THIS RIGHT. A PERIOD OF DIVERSION HAS BEEN ADDED TO MATCH THE PERIOD OF USE. IF NO OBJECTIONS ARE RECEIVED TO THE PERIOD OF DIVERSION OR PERIOD OF USE, THOSE ELEMENTS WILL BE DECREED AS SHOWN ON THIS ABSTRACT AND THIS ISSUE REMARK WILL BE REMOVED FROM THIS CLAIM. RESERVOIR RECORD 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. PRINCIPLES OF LAW 1. The Montana Water Court has the authority to determine the extent of all water rights in the state as they existed prior to July 1, 1973. Fellows v. Saylor, 2016 MT 45, ¶ 25, 382 Mont. 298, 367 P.3d 732; §§ 85-2-233, -102(12), MCA. 2. A properly filed Statement of Claim for Existing Water Right is prima facie proof of its content. § 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 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. 3. The Water Court recognizes implied claims where a claimant can prove that: (1) the claimant’s original statement of claim and attached documentation indicate 24 the existence of two or more water rights; (2) historic use corroborates the implied claim; and (3) the court’s recognition of the implied claim will not alter historic water use or increase the historic burden to other water users. Claimants: Lee E. Foss, 2013 Mont. Water LEXIS 17, *32; In re Tucker, 2019 Mont. Water LEXIS 59, *2-3. 4. Section 85-2-248(2), MCA, requires that the Water Court resolve all issue remarks that are not resolved through the objection process. See also Rule 7, W.R.Adj.R. The Montana Water Court has the authority to resolve issue remarks when the claim file and information available to the Court provide a sufficient basis to do so. Section 85-2248(3), MCA. 5. If a claimant, objector, or intervenor fails to appear at a scheduled conference or hearing or fails to comply with an order issued by the water court, the water court, upon motion, or its own initiative, may issue such orders of sanction with regard thereto as are just. Sanctions applied against claimants may include termination of the claim; or modification of the claim to conform with data provided by the department, information obtained by the court, or information included in an objection. Sanctions applied against objectors and intervenors may include dismissal of the objector or intervenor from the proceeding. Rule 22, W.R.Adj.R CONCLUSIONS OF LAW 1. The Findings of Fact above are supported by a preponderance of the evidence. The clerical errors identified in the Findings of Fact above should be corrected pursuant to Rule 60, M.R.Civ.P. The claims should be modified as described above. 2. Martin Sandvick or his successors have failed to participate in this case despite the Court’s efforts to solicit their participation. Information before the Court suggests Martin Sandvick and his successors claim no interest in the above-captioned claims. Martin Sandvick should be removed as an owner of the claims identified in Finding of Fact No. 1 pursuant to Rule 22, W.R.Adj.R. 3. The implied claims requested by Veseth are supported by filings submitted with the respective Statements of Claim. Those filings are evidence of historical water use, and the implied claims do not increase the extent of the rights and therefore do not 25 increase the historical burden on other water users. Implied claims 40E 30160071, 40E 30160072, and 40E 30160073 should be generated as described above. 4. The substantive issue remarks on the above-captioned claims have been resolved or fail to overcome the prima facie status of the claims. The Notice Only Remarks have served their notice purpose. All issue remarks should be removed from the claims. 5. The claim modifications and removal of issue remarks described above resolve Veseth’s objections in this case. RECOMMENDATIONS Based on the foregoing Findings of Fact and Conclusions of Law, this Master recommends the Court modify claims, generate implied claims, and remove issue remarks, as described above. A Post Decree Abstract of Water Right for each water right claim is attached to this Master’s Report for review. ELECTRONICALLY SIGNED AND DATED BELOW. Service via Electronic Mail: Benjamin S Sudduth SUDDUTH LAW PLLC PO Box 507 Bozeman, MT 59771-0507 406-272-2390 benjamin@sudduthlaw.com (represents Veseth & Veseth) Service via USPS Mail: Martin Sandvick (deceased) PO BOX 1368 Malta, MT 59538-1368 PO Box 770 Malta, MT 59538 (undeliverable) Note: Caption Updated 1-11-2024 \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\40E PD\40E CASES\17\EO 40E-0017-R-2022 MR (Supported Objections)_ 1-11-2024 rr for vh.docx 26 Electronically Signed By: Hon. Judge Eyvind Ostrem Fri, Feb 09 2024 01:05:58 PM February 9, 2024 40E 22372-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22372-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: JUNE 17, 1946 Type of Historical Right: FILED Purpose (Use): IRRIGATION FLOOD Irrigation Type: Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. Volume: 74.50 AC-FT THE COMBINED VOLUME OF CLAIMS 40E 22372-00 AND 40E 30160071 SHALL NOT EXCEED 74.50 AC-FT. 1 - HIGH Climatic Area: Maximum Acres: 52.00 Source Name: THIRD CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NESESE 29 24N 29E PHILLIPS Sec 29 Twp 24N Rge 29E County PHILLIPS Qtr Sec NWSW Sec 28 Twp 24N Rge 29E County PHILLIPS SWSW 28 24N 29E PHILLIPS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NESESE Diversion to Reservoir: DIVERSION # 1 12.00 FEET Dam Height: 9.00 FEET Depth: Surface Area: 16.69 ACRES Capacity: 60.08 ACRE-FEET JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres 13.00 2 34.00 Govt Lot February 9, 2024 40E 22372-00 3 Page 2 of 2 Post Decree Abstract 5.00 Total: SESW 28 24N 29E PHILLIPS 52.00 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. 22372-00 22385-00 February 9, 2024 40E 22374-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22374-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1947 Type of Historical Right: USE Purpose (Use): IRRIGATION WATER SPREADING Irrigation Type: Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED BECAUSE THIS USE CONSISTS OF DIRECT FLOW WATER SPREADING. Volume: 98.90 AC-FT 1 - HIGH Climatic Area: Maximum Acres: 43.00 Source Name: THIRD CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWNWNW 29 24N 29E PHILLIPS 29 24N 29E PHILLIPS Qtr Sec NWNW Sec 29 Twp 24N Rge 29E County PHILLIPS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DIVERSION DAM 2 SWSENW Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DIVERSION DAM JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres 14.00 2 20.00 SWNW 29 24N 29E PHILLIPS 3 9.00 SENW 29 24N 29E PHILLIPS Total: 43.00 Govt Lot February 9, 2024 40E 22375-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22375-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1945 Type of Historical Right: USE Purpose (Use): IRRIGATION WATER SPREADING Irrigation Type: Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED BECAUSE THIS USE CONSISTS OF DIRECT FLOW WATER SPREADING. Volume: 50.60 AC-FT 1 - HIGH Climatic Area: Maximum Acres: 22.00 Source Name: SECOND CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NESWSE 8 24N 29E PHILLIPS Qtr Sec NESWSE Sec 8 Twp 24N Rge 29E County PHILLIPS Period of Diversion: FEBRUARY 1 TO OCTOBER 31 Diversion Means: DIKE FEBRUARY 1 TO OCTOBER 31 Period of Use: Place of Use: ID 1 Acres 3.00 2 7.00 NWSESE 8 24N 29E PHILLIPS 3 7.00 E2SESE 8 24N 29E PHILLIPS 4 5.00 SWSESE 8 24N 29E PHILLIPS Total: 22.00 Govt Lot February 9, 2024 40E 22377-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22377-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1958 Type of Historical Right: USE Purpose (Use): IRRIGATION WATER SPREADING Irrigation Type: Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED BECAUSE THIS USE CONSISTS OF DIRECT FLOW WATER SPREADING. Volume: 25.30 AC-FT 1 - HIGH Climatic Area: Maximum Acres: 11.00 Source Name: UNNAMED TRIBUTARY OF FOURCHETTE CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWNWNW 3 22N 29E PHILLIPS Qtr Sec NWNWNW Sec 3 Twp 22N Rge 29E County PHILLIPS Period of Diversion: FEBRUARY 15 TO NOVEMBER 30 Diversion Means: DIKE FEBRUARY 15 TO NOVEMBER 30 Period of Use: Place of Use: ID 1 Acres 3.00 2 3.00 NENWNW 3 22N 29E PHILLIPS 3 3.00 NWNENW 3 22N 29E PHILLIPS 4 2.00 SESWSW 34 23N 29E PHILLIPS Total: 11.00 Govt Lot February 9, 2024 40E 22378-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22378-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1933 Type of Historical Right: USE Purpose (Use): IRRIGATION WATER SPREADING Irrigation Type: Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. Volume: 23.00 AC-FT 1 - HIGH Climatic Area: Maximum Acres: 10.00 Source Name: UNNAMED TRIBUTARY OF FOURCHETTE CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NESENW 33 23N 29E PHILLIPS Sec 33 Twp 23N Rge 29E County PHILLIPS Qtr Sec SENW Sec 33 Twp 23N Rge 29E County PHILLIPS SWNE 33 23N 29E PHILLIPS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NESENW Diversion to Reservoir: DIVERSION # 1 FEBRUARY 1 TO OCTOBER 31 Period of Use: Place of Use: ID 1 Acres 7.00 2 3.00 Total: 10.00 Govt Lot February 9, 2024 40E 22379-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22379-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1956 Type of Historical Right: USE Purpose (Use): IRRIGATION WATER SPREADING Irrigation Type: Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED BECAUSE THIS USE CONSISTS OF DIRECT FLOW WATER SPREADING. Volume: 40.25 AC-FT 1 - HIGH Climatic Area: Maximum Acres: 17.50 Source Name: NORTH COULEE SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWNESW 34 23N 29E PHILLIPS Qtr Sec SESW Sec 34 Twp 23N Rge 29E County PHILLIPS NENW 3 22N 29E PHILLIPS Period of Diversion: MARCH 15 TO NOVEMBER 30 Diversion Means: DIVERSION DAM MARCH 15 TO NOVEMBER 30 Period of Use: Place of Use: ID 1 Acres 2.00 2 15.50 Total: 17.50 Govt Lot February 9, 2024 40E 22382-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22382-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1948 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: 10.00 GPM 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: GROUNDWATER GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SENWNW 24 24N 29E PHILLIPS Sec 24 Twp 24N Rge 29E County PHILLIPS 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 SENWNW February 9, 2024 40E 22383-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22383-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1939 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: 4.00 GPM 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: GROUNDWATER GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NENWSE 33 23N 29E PHILLIPS Sec 33 Twp 23N Rge 29E County PHILLIPS 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 NENWSE February 9, 2024 40E 22384-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22384-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1960 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: 8.00 GPM 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: GROUNDWATER GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NENENW 21 24N 30E PHILLIPS Sec 21 Twp 24N Rge 30E County PHILLIPS 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 NENENW February 9, 2024 40E 22385-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22385-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: JUNE 17, 1946 Type of Historical Right: FILED Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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: THIRD CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NESESE 29 24N 29E PHILLIPS Period of Diversion: FEBRUARY 1 TO DECEMBER 15 Diversion Means: DAM THE DAM EXTENDS INTO THE W2SWSW , SEC 29 TWP 24N RGE 29E PHILLIPS COUNTY. ONSTREAM Reservoir: Govt Lot Qtr Sec NESESE Sec 29 Twp 24N Rge 29E County PHILLIPS Qtr Sec SESE Sec 29 Twp 24N Rge 29E County PHILLIPS 2 NESE 29 24N 29E PHILLIPS 3 NWSE 29 24N 29E PHILLIPS Diversion to Reservoir: DIVERSION # 1 12.00 FEET Dam Height: 9.00 FEET Depth: Surface Area: 16.69 ACRES Capacity: 60.08 ACRE-FEET FEBRUARY 1 TO DECEMBER 15 Period of Use: Place of Use: ID 1 Acres Govt Lot February 9, 2024 40E 22385-00 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. 22372-00 22385-00 February 9, 2024 40E 22386-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22386-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: JUNE 17, 1946 Type of Historical Right: FILED Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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 THIRD CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Twp Rge County NWNWSW 28 24N 29E PHILLIPS Sec 28 Twp 24N Rge 29E County PHILLIPS Qtr Sec NESE Sec 29 Twp 24N Rge 29E County PHILLIPS 2 SENE 29 24N 29E PHILLIPS 3 NWSW 28 24N 29E PHILLIPS 4 SWNW 28 24N 29E PHILLIPS 1 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NWNWSW Diversion to Reservoir: DIVERSION # 1 FEBRUARY 1 TO DECEMBER 15 Period of Use: Place of Use: ID 1 Acres Govt Lot 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. 22386-00 30160071 February 9, 2024 40E 22387-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22387-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1959 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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 SECOND CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWNWSW 8 24N 29E PHILLIPS Sec 8 Twp 24N Rge 29E County PHILLIPS Qtr Sec NWSWSW Sec 8 Twp 24N Rge 29E County PHILLIPS SWNWSW 8 24N 29E PHILLIPS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SWNWSW Diversion to Reservoir: DIVERSION # 1 JUNE 1 TO NOVEMBER 15 Period of Use: Place of Use: ID 1 2 Acres Govt Lot February 9, 2024 40E 22388-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22388-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1968 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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 NORTH COULEE SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWNESW 27 23N 29E PHILLIPS Sec 27 Twp 23N Rge 29E County PHILLIPS Qtr Sec SWNESW Sec 27 Twp 23N Rge 29E County PHILLIPS SENWSW 27 23N 29E PHILLIPS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SWNESW Diversion to Reservoir: DIVERSION # 1 MAY 1 TO NOVEMBER 30 Period of Use: Place of Use: ID 1 2 Acres Govt Lot February 9, 2024 40E 22390-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22390-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: Status: ACTIVE Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1958 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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 TANK COULEE SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Twp Rge County 1 SWNE 2 24N 29E PHILLIPS Sec 2 Twp 24N Rge 29E County PHILLIPS Sec 2 Twp 24N Rge 29E County PHILLIPS 1 Period of Diversion: APRIL 1 TO AUGUST 20 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot 1 Qtr Sec SWNE Diversion to Reservoir: DIVERSION # 1 APRIL 1 TO AUGUST 20 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec W2NE February 9, 2024 40E 22391-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22391-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1944 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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 SECOND CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NENWSE 14 24N 29E PHILLIPS Sec 14 Twp 24N Rge 29E County PHILLIPS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NENWSE Diversion to Reservoir: DIVERSION # 1 10.00 FEET Dam Height: Depth: 7.00 FEET Surface Area: 4.47 ACRES 12.52 ACRE-FEET Capacity: THE DAM EXTENDS INTO THE NWNWSE , SEC 14 TWP 24N RGE 29E PHILLIPS COUNTY. JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec N2NWSE Sec 14 Twp 24N Rge 29E County PHILLIPS 2 S2SWNE 14 24N 29E PHILLIPS 3 SESENW 14 24N 29E PHILLIPS February 9, 2024 40E 22393-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22393-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1957 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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 THIRD CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Twp Rge County NWSWSW 26 24N 29E PHILLIPS Sec 26 Twp 24N Rge 29E County PHILLIPS Qtr Sec NWSWSW Sec 26 Twp 24N Rge 29E County PHILLIPS 2 NESESE 27 24N 29E PHILLIPS 3 SENESE 27 24N 29E PHILLIPS 1 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NWSWSW Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot February 9, 2024 40E 22394-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22394-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1938 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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 THIRD CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWNWSW 35 24N 29E PHILLIPS Sec 35 Twp 24N Rge 29E County PHILLIPS Qtr Sec NWSW Sec 35 Twp 24N Rge 29E County PHILLIPS NESE 34 24N 29E PHILLIPS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SWNWSW Diversion to Reservoir: DIVERSION # 1 12.00 FEET Dam Height: Depth: 9.00 FEET Surface Area: 4.62 ACRES 16.63 ACRE-FEET Capacity: JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 2 Acres Govt Lot February 9, 2024 40E 22395-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22395-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1961 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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: THIRD CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWSESE 35 24N 29E PHILLIPS Sec 35 Twp 24N Rge 29E County PHILLIPS Qtr Sec SESE Sec 35 Twp 24N Rge 29E County PHILLIPS NESE 35 24N 29E PHILLIPS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NWSESE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 2 Acres Govt Lot February 9, 2024 40E 22396-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22396-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1939 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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 TANK COULEE SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NENWNE 21 24N 30E PHILLIPS Sec 21 Twp 24N Rge 30E County PHILLIPS Sec 21 Twp 24N Rge 30E County PHILLIPS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NENWNE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NWNE February 9, 2024 40E 22398-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22398-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1944 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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 SECOND CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Twp Rge County SWNWSE 15 24N 29E PHILLIPS Sec 15 Twp 24N Rge 29E County PHILLIPS Qtr Sec SE Sec 15 Twp 24N Rge 29E County PHILLIPS 2 S2NESW 15 24N 29E PHILLIPS 3 N2SESW 15 24N 29E PHILLIPS 1 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SWNWSE Diversion to Reservoir: DIVERSION # 1 Dam Height: 9.00 FEET Depth: 6.00 FEET Surface Area: 3.87 ACRES Capacity: 9.29 ACRE-FEET JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot February 9, 2024 40E 22399-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22399-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1947 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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 SECOND CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Twp Rge County SWSESE 14 24N 29E PHILLIPS Sec 14 Twp 24N Rge 29E County PHILLIPS Qtr Sec SESWSE Sec 14 Twp 24N Rge 29E County PHILLIPS 2 SWSESE 14 24N 29E PHILLIPS 3 NENWNE 23 24N 29E PHILLIPS 1 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SWSESE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot February 9, 2024 40E 22401-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22401-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1933 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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 FOURCHETTE CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWNENE 4 22N 29E PHILLIPS Sec 4 Twp 22N Rge 29E County PHILLIPS Sec 4 Twp 22N Rge 29E County PHILLIPS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NWNENE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NWNENE February 9, 2024 40E 22402-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22402-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1934 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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 FOURCHETTE CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NENWNW 4 22N 29E PHILLIPS Sec 4 Twp 22N Rge 29E County PHILLIPS Sec 4 Twp 22N Rge 29E County PHILLIPS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NENWNW Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NENWNW February 9, 2024 40E 22403-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22403-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1933 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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 FOURCHETTE CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWNWSE 28 23N 29E PHILLIPS Sec 28 Twp 23N Rge 29E County PHILLIPS Qtr Sec NWSE Sec 28 Twp 23N Rge 29E County PHILLIPS NWSWSE 28 23N 29E PHILLIPS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SWNWSE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 2 Acres Govt Lot February 9, 2024 40E 22405-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22405-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: JUNE 30, 1948 Type of Historical Right: FILED Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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: TANK COULEE SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWNENW 21 24N 30E PHILLIPS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Reservoir Name: COTTER RESERVOIR Qtr Sec NWNENW Sec 21 Twp 24N Rge 30E County PHILLIPS Qtr Sec NW Sec 21 Twp 24N Rge 30E County PHILLIPS S2SW 16 24N 30E PHILLIPS Diversion to Reservoir: DIVERSION # 1 11.00 FEET Dam Height: 8.00 FEET Depth: Surface Area: 23.27 ACRES Capacity: 74.46 ACRE-FEET JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 2 Acres Govt Lot February 9, 2024 40E 22406-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22406-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1932 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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 FOURCHETTE CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWSENE 33 23N 29E PHILLIPS Sec 33 Twp 23N Rge 29E County PHILLIPS Sec 33 Twp 23N Rge 29E County PHILLIPS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NWSENE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NWSENE February 9, 2024 40E 22407-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22407-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1966 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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 FOURCHETTE CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NENE 5 22N 29E PHILLIPS Sec 5 Twp 22N Rge 29E County PHILLIPS Sec 5 Twp 22N Rge 29E County PHILLIPS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NENE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NENE February 9, 2024 40E 22408-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22408-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1965 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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 FOURCHETTE CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NENESE 33 23N 29E PHILLIPS Sec 33 Twp 23N Rge 29E County PHILLIPS Sec 33 Twp 23N Rge 29E County PHILLIPS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NENESE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NENESE February 9, 2024 40E 22409-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22409-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1954 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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 THIRD CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWSWSE 20 24N 29E PHILLIPS Sec 20 Twp 24N Rge 29E County PHILLIPS Sec 20 Twp 24N Rge 29E County PHILLIPS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SWSWSE Diversion to Reservoir: DIVERSION # 1 JANUARY 31 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SWSE February 9, 2024 40E 22410-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22410-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1941 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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 THIRD CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SESWNE 30 24N 29E PHILLIPS Sec 30 Twp 24N Rge 29E County PHILLIPS Sec 30 Twp 24N Rge 29E County PHILLIPS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SESWNE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SWNE February 9, 2024 40E 22411-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22411-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1931 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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 FOURCHETTE CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWNESE 5 22N 29E PHILLIPS Sec 5 Twp 22N Rge 29E County PHILLIPS Sec 5 Twp 22N Rge 29E County PHILLIPS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NWNESE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NWNESE February 9, 2024 40E 22418-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22418-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1905 Type of Historical Right: FILED Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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: TANK COULEE SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWNENW 21 24N 30E PHILLIPS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Reservoir Name: TANK RESERVOIR SECOND Qtr Sec NWNENW Sec 21 Twp 24N Rge 30E County PHILLIPS Qtr Sec S2SW Sec 16 Twp 24N Rge 30E County PHILLIPS N2NW 21 24N 30E PHILLIPS Diversion to Reservoir: DIVERSION # 1 11.00 FEET Dam Height: 8.00 FEET Depth: Surface Area: 23.27 ACRES Capacity: 74.46 ACRE-FEET JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 2 Acres Govt Lot February 9, 2024 40E 22419-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22419-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1956 Type of Historical Right: USE Purpose (Use): DOMESTIC Flow Rate: 7.00 GPM Volume: 1.50 AC-FT 1 Households: GROUNDWATER 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 SESENW 33 23N 29E PHILLIPS Sec 33 Twp 23N Rge 29E County PHILLIPS JANUARY 1 TO DECEMBER 31 WELL Diversion Means: JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SESENW February 9, 2024 40E 22420-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22420-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1920 Type of Historical Right: USE Purpose (Use): DOMESTIC Flow Rate: 15.00 GPM Volume: 1.50 AC-FT 1 Households: GROUNDWATER 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 SWNWSE 30 24N 29E PHILLIPS Sec 30 Twp 24N Rge 29E County PHILLIPS JANUARY 1 TO DECEMBER 31 WELL Diversion Means: JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SWNWSE 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. 22420-00 30160072 February 9, 2024 40E 22421-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22421-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1954 Type of Historical Right: USE Purpose (Use): DOMESTIC Flow Rate: 10.00 GPM Volume: 1.50 AC-FT 1 Households: GROUNDWATER 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 SWNESW 14 24N 29E PHILLIPS Sec 14 Twp 24N Rge 29E County PHILLIPS JANUARY 1 TO DECEMBER 31 WELL Diversion Means: JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SWNESW 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. 22421-00 30160073 February 9, 2024 40E 22422-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 22422-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1949 Type of Historical Right: USE Purpose (Use): DOMESTIC Flow Rate: 12.00 GPM Volume: 1.50 AC-FT 1 Households: GROUNDWATER 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 SESWNE 14 24N 29E PHILLIPS Sec 14 Twp 24N Rge 29E County PHILLIPS JANUARY 1 TO DECEMBER 31 WELL Diversion Means: JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SESWNE February 9, 2024 40E 30288-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 30288-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1950 Type of Historical Right: USE Purpose (Use): IRRIGATION FLOOD Irrigation Type: Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. Volume: 40.50 AC-FT 1 - HIGH Climatic Area: Maximum Acres: 14.10 Source Name: FOURCHETTE CREEK, NORTH FORK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SESESW 10 23N 29E PHILLIPS Sec 10 Twp 23N Rge 29E County PHILLIPS Qtr Sec NENENW Sec 15 Twp 23N Rge 29E County PHILLIPS NWNWNE 15 23N 29E PHILLIPS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SESESW Diversion to Reservoir: DIVERSION # 1 Dam Height: 13.00 FEET Depth: 10.00 FEET Surface Area: 21.63 ACRES Capacity: 86.52 ACRE-FEET JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres 3.40 2 4.35 3 5.60 SESESW 10 23N 29E PHILLIPS 4 0.75 SWSWSE 10 23N 29E PHILLIPS Total: 14.10 Govt Lot February 9, 2024 40E 30288-00 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. 30288-00 30298-00 February 9, 2024 40E 30294-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 30294-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: SEPTEMBER 30, 1971 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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 SECOND CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWNENE 17 24N 29E PHILLIPS Sec 17 Twp 24N Rge 29E County PHILLIPS Sec 17 Twp 24N Rge 29E County PHILLIPS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NWNENE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec N2NE February 9, 2024 40E 30302-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 30302-00 Water Right Number: Version: STATEMENT OF CLAIM 4 -- POST DECREE ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: SEPTEMBER 16, 1957 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: 5.00 GPM 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: GROUNDWATER GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NESENE 15 23N 29E PHILLIPS Sec 15 Twp 23N Rge 29E County PHILLIPS 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 NESENE February 9, 2024 40E 30305-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 30305-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1961 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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 THIRD CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SESESW 27 24N 29E PHILLIPS Sec 27 Twp 24N Rge 29E County PHILLIPS Sec 27 Twp 24N Rge 29E County PHILLIPS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SESESW Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SESW February 9, 2024 40E 30307-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 30307-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: JULY 12, 1946 Type of Historical Right: FILED Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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 THIRD CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWNWNW 34 24N 29E PHILLIPS Sec 34 Twp 24N Rge 29E County PHILLIPS Qtr Sec W2NWNW Sec 34 Twp 24N Rge 29E County PHILLIPS E2NENE 33 24N 29E PHILLIPS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SWNWNW Diversion to Reservoir: DIVERSION # 1 11.00 FEET Dam Height: Depth: 8.00 FEET Surface Area: 3.71 ACRES 11.87 ACRE-FEET Capacity: JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 2 Acres Govt Lot February 9, 2024 40E 30308-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 30308-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: JULY 31, 1958 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: 6.00 GPM 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: GROUNDWATER GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWNWNE 23 23N 29E PHILLIPS Sec 23 Twp 23N Rge 29E County PHILLIPS 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 W2NWNE 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. 30285-00 30308-00 February 9, 2024 40E 122255-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 122255-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1939 Type of Historical Right: USE Purpose (Use): IRRIGATION WATER SPREADING Irrigation Type: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED BECAUSE THIS USE CONSISTS OF DIRECT FLOW WATER SPREADING. Flow Rate: 259.90 AC-FT *Volume: 1 - HIGH Climatic Area: 113.00 *Maximum Acres: UNNAMED TRIBUTARY OF SECOND CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NENESW 10 24N 29E PHILLIPS Sec 10 Twp 24N Rge 29E County PHILLIPS Qtr Sec SW Sec 10 Twp 24N Rge 29E County PHILLIPS N2N2 15 24N 29E PHILLIPS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NENESW Diversion to Reservoir: DIVERSION # 1 11.00 FEET Dam Height: Depth: 8.00 FEET Surface Area: 2.00 ACRES 16.00 ACRE-FEET Capacity: JANUARY 1 TO DECEMBER 31 Period of Use: *Place of Use: ID 1 Acres 48.00 2 65.00 Total: Remarks: 113.00 Govt Lot February 9, 2024 40E 122255-00 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. 122254-00 122255-00 February 9, 2024 40E 165071-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 165071-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1950 Type of Historical Right: USE Purpose (Use): IRRIGATION FLOOD Irrigation Type: Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. Volume: 52.50 AC-FT 1 - HIGH Climatic Area: Maximum Acres: 35.00 Source Name: UNNAMED TRIBUTARY OF SECOND CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWSWNW 8 24N 29E PHILLIPS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM THE RESERVOIR EXTENDS INTO THE E2NE SEC 7 TWP 24N RGE 29E PHILLIPS COUNTY ONSTREAM Reservoir: Govt Lot Qtr Sec SWSWNW Sec 8 Twp 24N Rge 29E County PHILLIPS Qtr Sec NESW Sec 8 Twp 24N Rge 29E County PHILLIPS NWSE 8 24N 29E PHILLIPS Diversion to Reservoir: DIVERSION # 1 Dam Height: 20.00 FEET Depth: 17.00 FEET Surface Area: 19.50 ACRES 144.00 ACRE-FEET Capacity: JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres 17.00 2 18.00 Total: 35.00 Govt Lot February 9, 2024 40E 165071-00 Page 2 of 2 Post Decree Abstract 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. 165070-00 165071-00 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. 165068-00 165071-00 February 9, 2024 40E 30160071 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 30160071 Water Right Number: STATEMENT OF CLAIM 1 -- ORIGINAL RIGHT Version: ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: JUNE 17, 1946 Type of Historical Right: FILED Purpose (Use): IRRIGATION FLOOD Irrigation Type: Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. Volume: 74.50 AC-FT THE COMBINED VOLUME OF CLAIMS 40E 22372-00 AND 40E 30160071 SHALL NOT EXCEED 74.50 AC-FT. 1 - HIGH Climatic Area: Maximum Acres: 52.00 Source Name: UNNAMED TRIBUTARY OF THIRD CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWNWSW 28 24N 29E PHILLIPS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM THE DAM EXTENDS INTO THE W2SWSW , SEC 29 TWP 24N RGE 29E PHILLIPS COUNTY. ONSTREAM Reservoir: Govt Lot Qtr Sec NWNWSW Sec 28 Twp 24N Rge 29E County PHILLIPS Sec 28 Twp 24N Rge 29E County PHILLIPS Diversion to Reservoir: DIVERSION # 1 12.00 FEET Dam Height: 9.00 FEET Depth: Surface Area: 11.53 ACRES Capacity: 41.51 ACRE-FEET JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres 13.00 Govt Lot Qtr Sec NWSW February 9, 2024 40E 30160071 2 3 Total: Page 2 of 2 Post Decree Abstract 34.00 SWSW 28 24N 29E PHILLIPS 5.00 SESW 28 24N 29E PHILLIPS 52.00 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. 22386-00 30160071 February 9, 2024 40E 30160072 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 30160072 Water Right Number: Version: STATEMENT OF CLAIM 1 -- ORIGINAL RIGHT ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1920 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: 15.00 GPM Volume: 1.50 AC-FT Source Name: GROUNDWATER GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Period of Diversion: Qtr Sec Sec Twp Rge County SWNWSE 30 24N 29E PHILLIPS Sec 30 Twp 24N Rge 29E County PHILLIPS JANUARY 1 TO DECEMBER 31 WELL Diversion Means: JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SWNWSE 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. 22420-00 30160072 February 9, 2024 40E 30160073 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BETWEEN MUSSELSHELL RIVER AND FORT PECK DAM BASIN 40E 40E 30160073 Water Right Number: Version: STATEMENT OF CLAIM 1 -- ORIGINAL RIGHT ACTIVE Status: Owners: VESETH & VESETH LIVESTOCK CO 22787 MIDALE RD MALTA, MT 59538 Priority Date: DECEMBER 31, 1954 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: 10.00 GPM Volume: 1.50 AC-FT Source Name: GROUNDWATER GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Period of Diversion: Qtr Sec Sec Twp Rge County SWNESW 14 24N 29E PHILLIPS Sec 14 Twp 24N Rge 29E County PHILLIPS JANUARY 1 TO DECEMBER 31 WELL Diversion Means: JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SWNESW 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. 22421-00 30160073

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