1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 1 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ 76H -W-000114-00 IR 408.41 G .00 40.00 06/15/1886 MILL CREEK EBERWEIN CLIFFORD D EBERWEIN LINDA A DECREE EXCEEDED: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE NEARPASS CHARLES B FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE NEARPASS JOANNA P SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 95.50 HEIM GEORGE H MINER'S INCHES DECREED IN CASE NO. 565, RAVALLI HEIM DANA LEE COUNTY. W000114-00, W006213-00, W099952-00. 76H -W-000270-00 IR 372.50 G .00 33.00 05/01/1871 BIG CREEK ISBELL HAROLD G ISBELL PHYLLIS D DECREE EXCEEDED: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE DUDA MICHAEL FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE DUDA PATRICIA SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 200 MINER'S BALDWIN SUSAN M INCHES DECREED IN CASE NO. 1071, RAVALLI COUNTY. W000270-00, W017126-00, W022988-00, W044303-00. 76H -W-000459-00 IR 25.00 G .00 7.00 12/31/1922 SP PUTNAM GULCH EKIN BETTY R FLOW RATE: FLOW RATE MAY REQUIRE MODIFICATION BASED ON RESOLUTION OF MAXIMUM ACRES ISSUE. PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) APPEARS TO INDICATE 0.00 ACRES IRRIGATED. SUPPLEMENTAL RIGHTS: THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. 76H -W-000460-00 IR 296.20 G .00 14.00 06/01/1885 CANYON CREEK EKIN BETTY R DECREE EXCEEDED: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 30 MINER'S INCHES DECREED IN CASE NO. 1503, RAVALLI COUNTY. W000460-00, W010130-00, W103798-00. FLOW RATE: FLOW RATE MAY REQUIRE MODIFICATION BASED ON RESOLUTION OF MAXIMUM ACRES ISSUE. PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) APPEARS TO INDICATE 0.00 ACRES IRRIGATED. SUPPLEMENTAL RIGHTS: THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 2 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ 76H -W-000467-00 IR 80.78 G .00 5.00 10/24/1888 ROARING LION CREEK SLIPER CARL J SLIPER ANNA M DECREE EXCEEDED: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 160 MINER'S INCHES DECREED IN CASE NO. 846, RAVALLI COUNTY. W000467-00, W021983-00, W025729-00, W099257-00, W103765-00, W105291-00, W109636-00, W125107-00, W133478-00, W133502-00, W147751-00, W147816-00, W147937-00, W169818-00, W211615-00, W099750-00. 76H -W-000469-00 IR 112.20 G .00 10.00 09/01/1888 BLODGETT CREEK RALLS CHAD C DECREE EXCEEDED: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 155 MINER'S INCHES DECREED IN CASE NO. 957, RAVALLI COUNTY. W000469-00, W001061-00, W001205-00, W001207-00, W004485-00, W005317-00, W009080-00, W015201-00, W118455-00, W118517-00. 76H -W-000628-00 DM 25.00 G 1.50 .00 01/31/1971 WELL HONEA CLARENCE E PRIORITY DATE: THE PRIORITY DATE MAY BE QUESTIONABLE. NO DOCUMENTATION AS REQUIRED BY THE 1961 GROUNDWATER CODE WAS SUBMITTED TO SUPPORT THIS CLAIM. 76H -W-000629-00 IR 45.00 G .00 5.50 06/15/1970 MCCALLA CREEK HONEA CLARENCE E PRIORITY DATE: THE PRIORITY DATE MAY BE QUESTIONABLE. THIS CLAIM IS FOR A USE RIGHT ON MCCALLA CREEK WITH A PRIORITY DATE POSTDATING CASE NO. 971, RAVALLI COUNTY. 76H -W-000636-00 IR 35.90 G .00 3.05 04/01/1901 SHEAFMAN CREEK EGGERS DAVID C EGGERS-GIAMMONA LINDA R FLOW RATE: FLOW RATE MAY REQUIRE MODIFICATION BASED ON RESOLUTION OF MAXIMUM ACRES ISSUE. POINT OF DIVERSION: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) INDICATES THAT THE HISTORIC POINT OF DIVERSION FOR THIS RIGHT WAS THE NO. 13 DITCH, LOCATED IN THE SWNENE 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 3 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ SEC 29 TWP 07N RGE 21W RAVALLI COUNTY. PLACE OF USE: USDA AERIAL PHOTOGRAPH NO. 179-68, DATED 08/02/79, APPEARS TO INDICATE 0.00 ACRES IRRIGATED. 76H -W-000639-00 IR 4.48 G .00 .50 05/01/1886 CANYON CREEK NEWHALL MICHAEL F DECREE EXCEEDED: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 110 MINER'S INCHES DECREED IN CASE NO. 1503, RAVALLI COUNTY. W000639-00, W002096-00, W005096-00, W005109-00, W015957-00, W025718-00, W028547-00, W028552-00, W104555-00, W109621-00, W111128-00, W114613-00, W124236-00, W150885-00. 76H -W-000654-00 IR 168.30 G .00 20.20 06/01/1881 GASH CREEK KRALL LYLE H KRALL ELSIE T DECREE EXCEEDED: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 120 MINER'S INCHES DECREED IN CASE NO. 1011, RAVALLI COUNTY. W000654-00, W099709-00, W100120-00, W103791-00, W107856-00. 76H -W-000698-00 IR 134.64 G .00 17.02 04/06/1902 ROARING LION CREEK CENTERS CHARLES D CENTERS ALICE R FLOW RATE: FLOW RATE MAY REQUIRE MODIFICATION BASED ON WOODS ALAN D RESOLUTION OF MAXIMUM ACRES ISSUE. WOODS CAROL C OWNER: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT WERE FILED BY DIFFERENT PARTIES WHO CLAIM OVERLAPPING PLACES OF USE. W000698-00, W003689-00. PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) APPEARS TO INDICATE 0.00 ACRES IRRIGATED. PLACE OF USE: USDA AERIAL PHOTOGRAPH NO(S). 179-72, DATED 08/02/79, APPEARS TO INDICATE 3.00 ACRES IRRIGATED. A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. PRIORITY DATE: THE PRIORITY DATE MAY BE QUESTIONABLE. THIS CLAIM IS FOR A FILED APPROPRIATION ON ROARING LION CREEK WITH A PRIORITY DATE PREDATING CASE NO. 846, RAVALLI 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 4 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ COUNTY. 76H -W-000780-00 IR 392.70 G .00 28.00 04/01/1880 BEAR CREEK, NORTH CHANNEL HINMAN COLLEEN A HINMAN LESLIE C DECREE EXCEEDED: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 72 MINER'S INCHES DECREED IN CASE NO. 1337, RAVALLI COUNTY. W000780-00, W004901-00, W111142-00. 76H -W-000783-00 IR 143.62 G .00 24.30 05/01/1883 FRED BURR CREEK ANDERSON WENDELL H CONVEYANCE FACILITY: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) INDICATES THE WATER IS CONVEYED TO THE CLAIMED PLACE OF USE BY THE SESTAK-TUCKER DITCH. FLOW RATE: FLOW RATE MAY REQUIRE MODIFICATION BASED ON RESOLUTION OF MAXIMUM ACRES ISSUE. POINT OF DIVERSION: THE POINT OF DIVERSION APPEARS TO BE INCORRECT. THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) INDICATES THE DIVERSION SERVING THE CLAIMED PLACE OF USE IS LOCATED IN THE NENW SEC 18 TWP 07N RGE 20W, RAVALLI COUNTY. PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) APPEARS TO INDICATE 0.00 ACRES IRRIGATED BY THIS SOURCE. THE SURVEY INDICATES THAT THE CLAIMED PLACE OF USE IS IRRIGATED BY WASTE AND SEEPAGE TRIBUTARY TO THE BITTERROOT RIVER. PRIORITY DATE: THE PRIORITY DATE IS QUESTIONABLE. THE RAVALLI COUNTY WATER RESOURCES FIELD NOTES (1957) INDICATE THE JONAS JOHNSON RIGHT (04/01/1883) WAS USED EXCLUSIVELY ON THE S2N2 OF SEC 18 TWP 07N RGE 20W, RAVALLI COUNTY AND NOT ON THE CLAIMED PLACE OF USE. SEE THE CLAIM FILE FOR ADDITIONAL INFORMATION. SOURCE NAME: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) INDICATES THAT THE WATER SERVING THE CLAIMED PLACE OF USE IS NOT DIVERTED FROM THE CLAIMED SOURCE. THE SURVEY MAPS AND FIELD NOTES DESCRIBE WASTE AND SEEPAGE ORIGINATING IN A SLOUGH TRIBUTARY TO THE BITTERROOT RIVER AS THE WATER SOURCE FOR THE CLAIMED PLACE OF USE. 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 5 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ 76H -W-000784-00 ST .00 .00 .00 05/01/1883 FRED BURR CREEK ANDERSON WENDELL H CONVEYANCE FACILITY: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) INDICATES THE WATER IS CONVEYED TO THE CLAIMED PLACE OF USE BY THE SESTAK-TUCKER DITCH. POINT OF DIVERSION: THE POINT OF DIVERSION APPEARS TO BE INCORRECT. THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) INDICATES THE DIVERSION SERVING THE CLAIMED PLACE OF USE IS LOCATED IN THE NENW SEC 18 TWP 07N RGE 20W, RAVALLI COUNTY. PRIORITY DATE: THE PRIORITY DATE IS QUESTIONABLE. THE RAVALLI COUNTY WATER RESOURCES FIELD NOTES (1957) INDICATE THE JONAS JOHNSON RIGHT (04/01/1883) WAS USED EXCLUSIVELY ON THE S2N2 OF SEC 18 TWP 07N RGE 20W, RAVALLI COUNTY AND NOT ON THE CLAIMED PLACE OF USE. SEE THE CLAIM FILE FOR ADDITIONAL INFORMATION. SOURCE NAME: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) INDICATES THAT THE WATER SERVING THE CLAIMED PLACE OF USE IS NOT DIVERTED FROM THE CLAIMED SOURCE. THE SURVEY MAPS AND FIELD NOTES DESCRIBE WASTE AND SEEPAGE ORIGINATING IN A SLOUGH TRIBUTARY TO THE BITTERROOT RIVER AS THE WATER SOURCE FOR THE CLAIMED PLACE OF USE. 76H -W-000833-00 IR 112.00 G .00 10.00 04/01/1891 ROARING LION CREEK MILLER GORDON W MILLER WINIFRED B FLOW RATE: FLOW RATE MAY REQUIRE MODIFICATION BASED ON RESOLUTION OF MAXIMUM ACRES ISSUE. PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) APPEARS TO INDICATE 0.00 ACRES IRRIGATED. PLACE OF USE: USDA AERIAL PHOTOGRAPH NO(S). 179-72, DATED 08/02/79, APPEARS TO INDICATE 3.00 ACRES IRRIGATED. A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. 76H -W-000834-00 IR 112.00 G .00 10.00 04/01/1891 ROARING LION CREEK MILLER GORDON W MILLER WINIFRED B FLOW RATE: FLOW RATE MAY REQUIRE MODIFICATION BASED ON RESOLUTION OF MAXIMUM ACRES ISSUE. 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 6 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) APPEARS TO INDICATE 0.00 ACRES IRRIGATED. 76H -W-000843-00 IR 20.00 G .00 .25 04/01/1877 SWEATHOUSE CREEK BREES LESTER L DECREE EXCEEDED: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 123 MINER'S INCHES DECREED IN CASE NO. 1011, RAVALLI COUNTY. W000843-00, W019983-00, W033660-00, W044329-00, W105255-00, W105313-00, W111261-00, W118405-00, W149346-00, W150763-00. FLOW RATE: THE CLAIMED FLOW RATE EXCEEDS THE 17 GPM PER ACRE GUIDELINE AND CANNOT BE CONFIRMED DUE TO LACK OF DATA. THE FLOW RATE EQUALS 80.00 GPM PER ACRE. 76H -W-000849-00 IR 42.64 G .00 7.60 04/01/1887 BEAR CREEK, SOUTH CHANNEL LEEDY JANET L LEEDY JOHN H DECREE EXCEEDED: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 40 MINER'S INCHES DECREED IN CASE NO. 1337, RAVALLI COUNTY. W000849-00, W021161-00, W043176-00, W043247-00, W149977-00, W150091-00. 76H -W-001055-00 DM 10.00 G 1.50 2.00 12/31/1895 WELL KINDRED BENNY J KINDRED JENNY L OWNER: AS OF 02/25/91, THIS WATER RIGHT APPEARS TO BE OWNED BY DAVID AND LOIS SMITH, PO BOX 501, HAMILTON, MT 59840. 76H -W-001061-00 IR 85.27 G .00 7.73 09/01/1888 BLODGETT CREEK MENAGER WILLIAM K DECREE EXCEEDED: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 155 MINER'S INCHES DECREED IN CASE NO. 957, RAVALLI COUNTY. W000469-00, W001061-00, W001205-00, W001207-00, W004485-00, W005317-00, W009080-00, W015201-00, W118455-00, W118517-00. FLOW RATE: FLOW RATE MAY REQUIRE MODIFICATION BASED ON 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 7 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ RESOLUTION OF MAXIMUM ACRES ISSUE. PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) APPEARS TO INDICATE 2.00 ACRES IRRIGATED. A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. 76H -W-001201-00 IR 1.00 C .00 25.00 04/01/1887 MCCALLA CREEK HUTCHISON JEAN H HUTCHISON, SR JAMES D DECREE EXCEEDED: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 100 MINER'S INCHES DECREED IN CASE NO. 971, RAVALLI COUNTY. W001201-00, W103435-00, W104576-00, W146824-00. 76H -W-001205-00 IR 53.85 G .00 5.00 09/01/1888 BLODGETT CREEK HENDERSON JIM D HENDERSON MILLIE J DECREE EXCEEDED: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 155 MINER'S INCHES DECREED IN CASE NO. 957, RAVALLI COUNTY. W000469-00, W001061-00, W001205-00, W001207-00, W004485-00, W005317-00, W009080-00, W015201-00, W118455-00, W118517-00. 76H -W-001207-00 IR 85.27 G .00 7.73 09/01/1888 BLODGETT CREEK JOLLEY RICHARD DECREE EXCEEDED: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 155 MINER'S INCHES DECREED IN CASE NO. 957, RAVALLI COUNTY. W000469-00, W001061-00, W001205-00, W001207-00, W004485-00, W005317-00, W009080-00, W015201-00, W118455-00, W118517-00. DUPLICATION: THIS CLAIM APPEARS TO BE DUPLICATED BY CLAIM NO. W211985-00 WHICH IS BASED ON THE SAME DECREED RIGHT. 76H -W-001575-00 IR 4.00 C .00 120.00 12/30/1963 WS CAMAS CREEK ELSE ANDREW K ELSE MARTHA A FLOW RATE: FLOW RATE MAY REQUIRE MODIFICATION BASED ON LEE LAND & LUMBER INC RESOLUTION OF MAXIMUM ACRES ISSUE. BRISCOE TOMMY L RUARK JAMES C 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 8 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) RUARK TRUDY D APPEARS TO INDICATE 100.00 ACRES IRRIGATED. A ERICKSON CATHY J DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. SUPPLEMENTAL RIGHTS: THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. 76H -W-001576-00 IR 1.00 C .00 120.00 06/19/1885 SP CAMAS CREEK ELSE ANDREW K ELSE MARTHA A PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) LEE LAND & LUMBER INC APPEARS TO INDICATE 100.00 ACRES IRRIGATED. A BRISCOE TOMMY L DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. RUARK JAMES C RUARK TRUDY D SUPPLEMENTAL RIGHTS: THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF ERICKSON CATHY J SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. 76H -W-001577-00 IR 4.00 C .00 240.00 08/25/1934 WS HAYES CREEK ELSE ANDREW K ELSE MARTHA A PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) LEE LAND & LUMBER INC APPEARS TO INDICATE 188.00 ACRES IRRIGATED. A BRISCOE TOMMY L DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. RUARK JAMES C PLACE OF USE: USDA AERIAL PHOTOGRAPH NO(S). 178-74, DATED 08/02/79, RUARK TRUDY D APPEARS TO INDICATE 188.00 ACRES IRRIGATED. A ERICKSON CATHY J DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. SUPPLEMENTAL RIGHTS: THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. 76H -W-001578-00 IR 445.40 G .00 26.20 03/11/1931 WS HAYES CREEK ELSE MARTHA A ELSE ANDREW K FLOW RATE: FLOW RATE MAY REQUIRE MODIFICATION BASED ON BRISCOE TOMMY L RESOLUTION OF MAXIMUM ACRES ISSUE. RUARK JAMES C RUARK TRUDY D PLACE OF USE: USDA AERIAL PHOTOGRAPH NO(S). 178-74, DATED 08/02/79, ERICKSON CATHY J APPEARS TO INDICATE 18.00 ACRES IRRIGATED. A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) APPEARS TO INDICATE 17.00 ACRES IRRIGATED. A 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 9 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. SUPPLEMENTAL RIGHTS: THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. 76H -W-001579-00 IR 3.38 C .00 120.00 04/15/1895 CAMAS CREEK ELSE MARTHA A ELSE ANDREW K PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) LEE LAND & LUMBER INC APPEARS TO INDICATE 100.00 ACRES IRRIGATED. A BRISCOE TOMMY L DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. RUARK JAMES C RUARK TRUDY D SUPPLEMENTAL RIGHTS: THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF ERICKSON CATHY J SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. 76H -W-001580-00 IR 170.54 G .00 160.00 07/15/1882 CAMAS CREEK ELSE MARTHA A ELSE ANDREW K PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) LEE LAND & LUMBER INC APPEARS TO INDICATE 100.00 ACRES IRRIGATED. A BRISCOE TOMMY L DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. RUARK JAMES C PLACE OF USE: USDA AERIAL PHOTOGRAPH NO(S). 178-74, DATED 08/02/79, RUARK TRUDY D APPEARS TO INDICATE 120.00 ACRES IRRIGATED. A ERICKSON CATHY J DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. SUPPLEMENTAL RIGHTS: THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. 76H -W-001581-00 IR 170.54 G .00 80.00 04/01/1895 CAMAS CREEK ELSE MARTHA A ELSE ANDREW K PLACE OF USE: USDA AERIAL PHOTOGRAPH NO(S). 178-74, DATED 08/02/79, LEE LAND & LUMBER INC APPEARS TO INDICATE 29.00 ACRES IRRIGATED. A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) APPEARS TO INDICATE 30.00 ACRES IRRIGATED. A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. SUPPLEMENTAL RIGHTS: THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 10 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ 76H -W-001594-00 IR 16.38 G .00 10.00 04/01/1873 SWEATHOUSE CREEK POWELL DENNIS M POWELL INA RENEE DECREE EXCEEDED: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE HAMILTON JOHN W FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE HAMILTON MARY JEAN SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 21 MINER'S STANEK KAY L INCHES DECREED IN CASE NO. 1011, RAVALLI COUNTY. STANEK JOSEPH C W001594-00, W003603-00, W008542-00, W019984-00, HAMILTON J WESTON W033661-00, W044328-00, W105254-00, W105312-00, HAMILTON FLORIBEL W111260-00, W118406-00, W146887-00, W149347-00, W150762-00, W215093-00. 76H -W-001749-00 LG 17.00 G .50 1.00 06/19/1973 MILL CREEK CLARK TINA S PRIORITY DATE: THE PRIORITY DATE MAY BE QUESTIONABLE. THIS CLAIM IS FOR A USE RIGHT ON MILL CREEK WITH A PRIORITY DATE POSTDATING CASE NO. 565, RAVALLI COUNTY. 76H -W-001751-00 LG 56.10 G 90.00 5.00 09/01/1888 BLODGETT CREEK OWEN LLOYD R OWEN M MARGARET PLACE OF USE: THE CLAIMED PLACE OF USE DOES NOT APPEAR TO BE USED FOR DOMESTIC IRRIGATION PURPOSES. PLACE OF USE: THE PLACES OF USE FOR THIS CLAIM AND IRRIGATION CLAIM NO. W001752-00 OVERLAP. VOLUME: THE CLAIMED VOLUME EXCEEDS THE 11.00 ACRE-FEET GUIDELINE FOR THIS PURPOSE. ITS ACCURACY CANNOT BE CONFIRMED DUE TO LACK OF DATA. VOLUME: THE CLAIMED VOLUME EXCEEDS MAXIMUM FEASIBLE VOLUME. BASED ON THE FLOW RATE AND PERIOD OF USE, THE MAXIMUM VOLUME POSSIBLE IS 50.07 ACRE-FEET PER YEAR. 76H -W-001778-00 IR 269.29 G .00 24.00 12/19/1881 SHARROTT CREEK OWEN ESTA M OWEN MAURICE L DECREE EXCEEDED: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 75 MINER'S INCHES DECREED IN CASE NO. 3451, RAVALLI COUNTY. W001778-00, W043187-00, W151753-00. 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 11 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ 76H -W-001796-00 IR 1.48 C .00 59.00 11/16/1901 KOOTENAI CREEK POLANCHEK ARNOLD T POLANCHEK JANICE C DUPLICATION: THIS CLAIM APPEARS TO BE DUPLICATED BY CLAIM NO. W133507-00 WHICH IS BASED ON THE SAME DECREED RIGHT. IT APPEARS ONLY ONE WATER RIGHT IS INVOLVED. 76H -W-001797-00 ST .00 .00 .00 11/16/1901 KOOTENAI CREEK POLANCHEK ARNOLD T POLANCHEK JANICE C DUPLICATION: THIS CLAIM APPEARS TO BE DUPLICATED BY CLAIM NO. W133508-00 WHICH IS BASED ON THE SAME DECREED RIGHT. IT APPEARS ONLY ONE WATER RIGHT IS INVOLVED. 76H -W-002021-00 IR 224.40 G .00 20.00 04/15/1891 BLODGETT CREEK CEMBALSKI MICHAEL T MAJERNIK CARLA B DECREE EXCEEDED: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE WALDO RALPH D FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 95.00 MINER'S INCHES DECREED IN CASE NO. 957, RAVALLI COUNTY. W002021-00, W009742-00, W022992-00, W023793-00, W105231-00. 76H -W-002029-00 IR 500.00 G .00 70.30 07/14/1937 UT BITTERROOT RIVER DROGITIS DENNIS D MOORE ROBERT L OWNER: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT WERE MOORE JOANNE D FILED BY DIFFERENT PARTIES WHO CLAIM OVERLAPPING BODENLOS EDWARD W PLACES OF USE. W002029-00, W150975-00. BODENLOS LINDA D MILLER BRADLEY D 76H -W-002033-00 IR 1.60 C .00 60.00 12/31/1930 LARRY CREEK CYR MARGARET G PRIORITY DATE: THE PRIORITY DATE MAY BE QUESTIONABLE. THIS CLAIM IS FOR A USE RIGHT ON LARRY CREEK WITH A PRIORITY DATE POSTDATING CASE NO. 306, RAVALLI COUNTY. 76H -W-002089-00 IR 134.64 G .00 24.00 06/01/1891 BLODGETT CREEK HAACK ALBERT C HAACK ELSIE M DECREE EXCEEDED: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 20 MINER'S 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 12 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ INCHES DECREED IN CASE NO. 957, RAVALLI COUNTY. W002089-00, W009084-00, W108981-00, W127811-00. 76H -W-002091-00 ST 35.00 G .00 .00 05/03/1899 MILL CREEK FULLERTON MARGARET W WICKERSHAM JACK J PRIORITY DATE: THE PRIORITY DATE AND TYPE OF RIGHT ARE QUESTIONABLE. WICKERSHAM DORIS J DOCUMENTATION DATED 06/01/60 INDICATES ALL WATER RIGHTS WERE SEVERED FROM THE CLAIMED PLACE OF USE. PRIORITY DATE: A FIELD INVESTIGATION AND CLAIMANT INTERVIEW CONDUCTED ON 04/17/91 REVEALED IRRIGATION SYSTEM DESCRIBED ON CLAIM FORM WAS FIRST PUT TO USE ON 04/01/1965. 76H -W-002092-00 IR 80.00 G .00 5.00 10/30/1920 MILL CREEK MONROE ARTHUR L MONROE SADIE L AMENDED CLAIM: AN AMENDMENT WAS SUBMITTED ON 08/05/91. THE FULLERTON MARGARET W AMENDMENT WAS NOT IMPLEMENTED DUE TO ALL OWNERS NOT WICKERSHAM JACK J RETURNING SIGNED AMENDMENTS. WICKERSHAM DORIS J PRIORITY DATE: THE PRIORITY DATE IS QUESTIONABLE. DOCUMENTATION DATED 06/01/60 INDICATES ALL WATER RIGHTS WERE SEVERED FROM THE CLAIMED PLACE OF USE AT THAT TIME. PRIORITY DATE: FIELD INVESTIGATION AND CLAIMANT INTERVIEW CONDUCTED ON 04/17/91 REVEALED SYSTEM DESCRIPTION ON CLAIM WAS FIRST PUT TO USE ON 04/01/1965. PRIORITY DATE: THE PRIORITY DATE IS IN QUESTION. THE SOURCE ON THE FILED NOTICE OF APPROPRIATION APPEARS TO BE DIFFERENT FROM THE CLAIMED SOURCE. PRIORITY DATE: THE PRIORITY DATE MAY BE QUESTIONABLE. THIS CLAIM IS FOR A FILED APPROPRIATION ON MILL CREEK WITH A PRIORITY DATE POSTDATING CASE NO. 565, RAVALLI COUNTY. 76H -W-002093-00 IR 35.00 G .00 5.00 05/03/1899 MILL CREEK FULLERTON MARGARET W MONROE SADIE L DECREE EXCEEDED: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE MONROE ARTHUR L FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE WICKERSHAM JACK J SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 100.00 WICKERSHAM DORIS J MINER'S INCHES DECREED IN CASE NO. 565, RAVALLI COUNTY. 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 13 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ W002093-00, W007327-00, W015980-00, W108973-00. PRIORITY DATE: THE PRIORITY DATE AND TYPE OF RIGHT ARE QUESTIONABLE. DOCUMENTATION DATED 06/01/60 INDICATES ALL WATER RIGHTS WERE SEVERED FROM THE CLAIMED PLACE OF USE. PRIORITY DATE: A FIELD INVESTIGATION AND CLAIMANT INTERVIEW CONDUCTED ON 04/17/91 REVEALED IRRIGATION SYSTEM DESCRIBED ON CLAIM FORM WAS FIRST PUT TO USE ON 04/01/1965. 76H -W-002096-00 IR 71.80 G .00 8.00 05/01/1886 CANYON CREEK SHERWIN STEPHEN L SHERWIN MARCENE P DECREE EXCEEDED: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 110 MINER'S INCHES DECREED IN CASE NO. 1503, RAVALLI COUNTY. W000639-00, W002096-00, W005096-00, W005109-00, W015957-00, W025718-00, W028547-00, W028552-00, W104555-00, W109621-00, W111128-00, W114613-00, W124236-00, W150885-00. 76H -W-002097-00 IR 215.42 G .00 20.00 07/15/1889 ROARING LION CREEK SHORT, JR JOSEPH B SHORT CAROLINE M DECREE EXCEEDED: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 155 MINER'S INCHES DECREED IN CASE NO. 846, RAVALLI COUNTY. W002097-00, W103824-00. FLOW RATE: FLOW RATE MAY REQUIRE MODIFICATION BASED ON RESOLUTION OF MAXIMUM ACRES ISSUE. OWNER: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT WERE FILED BY DIFFERENT PARTIES WHO CLAIM OVERLAPPING PLACES OF USE. W002097-00, W103824-00. PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) APPEARS TO INDICATE 0.00 ACRES IRRIGATED. PRIORITY DATE: THIS CLAIM TO A DECREED RIGHT IS IN QUESTION. THE PLACE OF USE DESCRIBED IN THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) IS INCONSISTENT WITH THE CLAIMED PLACE OF USE. SUPPLEMENTAL RIGHTS: THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 14 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. 76H -W-002106-00 MD 1.25 C 30.00 .00 06/01/1901 COW CREEK, SOUTH FORK UNIFIED INDUSTRIES PRIORITY DATE: THE CLAIMED PRIORITY DATE (06/01/1901) IS BASED ON THE YEAR THIS WATER RIGHT WAS FIRST USED FOR IRRIGATION PURPOSES (SEE W002112-00). A PORTION OF THAT HISTORIC WATER RIGHT WAS CHANGED TO MULTIPLE DOMESTIC, RECREATION, FISH AND WILDLIFE, AND FIRE PROTECTION PURPOSES BETWEEN 1966 AND JULY 1, 1973. THAT CHANGE IS THE BASIS FOR CLAIMS W002106-00, W002108-00, W002109-00, AND W002110-00. THE DEVELOPMENT OF THESE ADDITIONAL PURPOSES REQUIRED THAT THE PERIOD OF USE BE EXPANDED FROM SEASONAL IRRIGATION USE TO YEAR AROUND USE. AS A RESULT, THE PRIORITY DATES FOR CLAIMS W002106-00, W002108-00, W002109-00, AND W002110-00 MAY REQUIRE ADJUSTMENT UPON THE WATER COURT'S DETERMINATION OF WHAT ELEMENTS RELATE BACK TO 06/01/1901 AND WHAT ELEMENTS RELATE BACK TO 1966. 76H -W-002108-00 RC 1.25 C 2.80 .00 06/01/1901 COW CREEK, SOUTH FORK UNIFIED INDUSTRIES PRIORITY DATE: THE CLAIMED PRIORITY DATE (06/01/1901) IS BASED ON THE YEAR THIS WATER RIGHT WAS FIRST USED FOR IRRIGATION PURPOSES (SEE W002112-00). A PORTION OF THAT HISTORIC WATER RIGHT WAS CHANGED TO MULTIPLE DOMESTIC, RECREATION, FISH AND WILDLIFE, AND FIRE PROTECTION PURPOSES BETWEEN 1966 AND JULY 1, 1973. THAT CHANGE IS THE BASIS FOR CLAIMS W002106-00, W002108-00, W002109-00, AND W002110-00. THE DEVELOPMENT OF THESE ADDITIONAL PURPOSES REQUIRED THAT THE PERIOD OF USE BE EXPANDED FROM SEASONAL IRRIGATION USE TO YEAR AROUND USE. AS A RESULT, THE PRIORITY DATES FOR CLAIMS W002106-00, W002108-00, W002109-00, AND W002110-00, MAY REQUIRE ADJUSTMENT UPON THE WATER COURT'S DETERMINATION OF WHAT ELEMENTS RELATE BACK TO 06/01/1901 AND WHAT ELEMENTS RELATE BACK TO 1966. PURPOSE: THERE IS A QUESTION AS TO THE VALIDITY OF THIS CLAIMED RIGHT. IN THE MATTER OF THE DEARBORN DRAINAGE AREA, 234 MONT. 343 (1988) (THE BEAN LAKE CASE) THE MONTANA SUPREME COURT STATED: "IT IS CLEAR THEREFORE THAT UNDER MONTANA LAW BEFORE 1973, NO APPROPRIATION RIGHT WAS RECOGNIZED FOR RECREATION, FISH AND WILDLIFE, EXCEPT THROUGH A MURPHY RIGHT STATUTE." 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 15 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ RESERVOIR: ACCORDING TO INFORMATION IN THE CLAIM FILE, THE RESERVOIR WAS CONSTRUCTED IN 1972 WHICH DOES NOT CORRESPOND TO THE CLAIMED PRIORITY DATE. THIS MAY INDICATE AN EXPANSION OF THE WATER RIGHT. 76H -W-002109-00 FP .00 .00 .00 06/01/1901 COW CREEK, SOUTH FORK UNIFIED INDUSTRIES PRIORITY DATE: THE CLAIMED PRIORITY DATE (06/01/1901) IS BASED ON THE YEAR THIS WATER RIGHT WAS FIRST USED FOR IRRIGATION PURPOSES (SEE W002112-00). A PORTION OF THAT HISTORIC WATER RIGHT WAS CHANGED TO MULTIPLE DOMESTIC, RECREATION, FISH AND WILDLIFE, AND FIRE PROTECTION PURPOSES BETWEEN 1966 AND JULY 1, 1973. THAT CHANGE IS THE BASIS FOR CLAIMS W002106-00, W002108-00, W002109-00, AND W002110-00. THE DEVELOPMENT OF THESE ADDITIONAL PURPOSES REQUIRED THAT THE PERIOD OF USE BE EXPANDED FROM SEASONAL IRRIGATION USE TO YEAR AROUND USE. AS A RESULT, THE PRIORITY DATES FOR CLAIMS W002106-00, W002108-00, W002109-00, AND W002110-00 MAY REQUIRE ADJUSTMENT UPON THE WATER COURT'S DETERMINATION OF WHAT ELEMENTS RELATE BACK TO 06/01/1901 AND WHAT ELEMENTS RELATE BACK TO 1966. RESERVOIR: ACCORDING TO INFORMATION IN THE CLAIM FILE, THE RESERVOIR WAS CONSTRUCTED IN 1972 WHICH DOES NOT CORRESPOND TO THE CLAIMED PRIORITY DATE. THIS MAY INDICATE AN EXPANSION OF THE WATER RIGHT. 76H -W-002110-00 FW 1.25 C 2.80 .00 06/01/1901 COW CREEK, SOUTH FORK UNIFIED INDUSTRIES PRIORITY DATE: THE CLAIMED PRIORITY DATE (06/01/1901) IS BASED ON THE YEAR THIS WATER RIGHT WAS FIRST USED FOR IRRIGATION PURPOSES (SEE W002112-00). A PORTION OF THAT HISTORIC WATER RIGHT WAS CHANGED TO MULTIPLE DOMESTIC, RECREATION, FISH AND WILDLIFE, AND FIRE PROTECTION PURPOSES BETWEEN 1966 AND JULY 1, 1973. THAT CHANGE IS THE BASIS FOR CLAIMS W002106-00, W002108-00, W002109-00, AND W002110-00. THE DEVELOPMENT OF THESE ADDITIONAL PURPOSES REQUIRED THAT THE PERIOD OF USE BE EXPANDED FROM SEASONAL IRRIGATION USE TO YEAR AROUND USE. AS A RESULT, THE PRIORITY DATES FOR CLAIMS W002106-00, W002108-00, W002109-00, AND W002110-00 MAY REQUIRE ADJUSTMENT UPON THE WATER COURT'S DETERMINATION OF WHAT ELEMENTS RELATE BACK TO 06/01/1901 AND WHAT ELEMENTS RELATE BACK TO 1966. PURPOSE: THERE IS A QUESTION AS TO THE VALIDITY OF THIS 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 16 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ CLAIMED RIGHT. IN THE MATTER OF THE DEARBORN DRAINAGE AREA, 234 MONT. 343 (1988) (THE BEAN LAKE CASE) THE MONTANA SUPREME COURT STATED: "IT IS CLEAR THEREFORE THAT UNDER MONTANA LAW BEFORE 1973, NO APPROPRIATION RIGHT WAS RECOGNIZED FOR RECREATION, FISH AND WILDLIFE, EXCEPT THROUGH A MURPHY RIGHT STATUTE." RESERVOIR: ACCORDING TO INFORMATION IN THE CLAIM FILE, THE RESERVOIR WAS CONSTRUCTED IN 1972 WHICH DOES NOT CORRESPOND TO THE CLAIMED PRIORITY DATE. THIS MAY MAY INDICATE AN EXPANSION OF THE WATER RIGHT. 76H -W-002112-00 IR 1.25 C .00 145.00 06/01/1901 COW CREEK, SOUTH FORK UNIFIED INDUSTRIES PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) APPEARS TO INDICATE 30.00 ACRES IRRIGATED. A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. SUPPLEMENTAL RIGHTS: THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. 76H -W-002499-00 IR 1.50 C .00 70.00 07/07/1916 BROWNING CREEK IMAN JACK L HENRY EDWIN K PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) HENRY MARY S APPEARS TO INDICATE 38.00 ACRES IRRIGATED. WOODSIDE STOCK FARM A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. PRIORITY DATE: THE PRIORITY DATE MAY BE QUESTIONABLE. THIS CLAIM IS FOR A USE ON MILL CREEK WITH A PRIORITY DATE POSTDATING CASE NO. 565, RAVALLI COUNTY. SUPPLEMENTAL RIGHTS: THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. 76H -W-002504-00 IR 56.10 G .00 15.50 11/25/1895 GASH CREEK LA SCALA MICHAEL D LA SCALA JUDITH A DECREE EXCEEDED: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 100 MINER'S INCHES DECREED IN CASE NO. 1011, RAVALLI COUNTY. W002504-00, W009854-00, W105207-00, W108997-00, W116640-00, W149364-00, W149557-00, W150105-00, 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 17 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ W151398-00. 76H -W-002505-00 DM 2.00 C 3.00 1.00 06/14/1971 SP BITTERROOT RIVER BOLDT PATRICIA A BOLDT TED J FLOW RATE: THE CLAIMED FLOW RATE EXCEEDS THE 35 GPM GUIDELINE FOR THIS PURPOSE AND CANNOT BE CONFIRMED DUE TO A LACK OF DATA. 76H -W-002510-00 IR 16.83 G .00 2.00 07/01/1886 CANYON CREEK PARSONS JUDITH L DECREE EXCEEDED: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 45 MINER'S INCHES DECREED IN CASE NO. 1503, RAVALLI COUNTY. W002510-00, W003020-00, W003888-00, W012710-00, W012711-00, W017841-00, W019710-00, W021187-00, W022994-00, W107860-00, W115332-00, W133493-00, W147307-00, W147887-00. 76H -W-002512-00 IR 13.46 G .00 1.00 04/01/1873 SWEATHOUSE CREEK MOSS SALLY MOSS J C DECREE EXCEEDED: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 160 MINER'S INCHES DECREED IN CASE NO. 1011, RAVALLI COUNTY. W002512-00, W105088-00, W108760-00, W114357-00, W148114-00, W157315-00. OWNER: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT WERE FILED BY DIFFERENT PARTIES WHO CLAIM OVERLAPPING PLACES OF USE. W002512-00, W023028-00, W023029-00, W099805-00, W108759-00, W108760-00, W148114-00, W148115-00, W148119-00, W148123-00, W157312-00, W157314-00, W157315-00, W157316-00, W157319-00, W157323-00, W157324-00, W157325-00, W157326-00, W157327-00, W105088-00. 76H -W-002519-00 ST .62 G .00 .00 06/15/1883 FRED BURR CREEK EDENS FRANCIS S EDENS JANET E RESERVOIR: THE RESERVOIR IS NOT SHOWN IN THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958). IT APPEARS TO HAVE BEEN BUILT AFTER THE ORIGINAL APPROPRIATION AND MAY 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 18 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ INDICATE AN EXPANSION OF THE RIGHT. 76H -W-002520-00 IR 62.83 G .00 19.00 06/15/1883 FRED BURR CREEK EDENS FRANCIS S EDENS JANET E RESERVOIR: THE RESERVOIR IS NOT SHOWN IN THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958). IT APPEARS TO HAVE BEEN BUILT AFTER THE ORIGINAL APPROPRIATION AND MAY INDICATE AN EXPANSION OF THE RIGHT. 76H -W-002529-00 ST 17.00 G .00 .00 07/27/1969 SP COW CREEK UNIFIED INDUSTRIES PRIORITY DATE: THE PRIORITY DATE IS IN QUESTION. NO DOCUMENTATION AS REQUIRED BY THE 1961 GROUNDWATER CODE WAS SUBMITTED TO SUPPORT THIS CLAIM. 76H -W-002537-00 ST .00 .00 .00 06/01/1972 SP COW CREEK UNIFIED INDUSTRIES PRIORITY DATE: THE PRIORITY DATE IS IN QUESTION. NO DOCUMENTATION AS REQUIRED BY THE 1961 GROUNDWATER CODE WAS SUBMITTED TO SUPPORT THIS CLAIM. 76H -W-002539-00 ST 5.00 G .00 .00 06/17/1965 SP SHEAFMAN CREEK UNIFIED INDUSTRIES PRIORITY DATE: THE PRIORITY DATE IS IN QUESTION. NO DOCUMENTATION AS REQUIRED BY THE 1961 GROUNDWATER CODE WAS SUBMITTED TO SUPPORT THIS CLAIM. 76H -W-002555-00 ST .00 .00 .00 05/15/1897 SHEAFMAN CREEK UNIFIED INDUSTRIES UNIFIED INDUSTRIES CONVEYANCE FACILITY: THE RAVALLI COUNTY WATER RESOURCES SURVEY DOES NOT CONFIRM THAT THE NO. 3 AND NO. 5 DITCH WAS USED TO CONVEY THIS WATER RIGHT. 76H -W-002561-00 ST .00 .00 .00 05/01/1885 SHEAFMAN CREEK UNIFIED INDUSTRIES UNIFIED INDUSTRIES PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY FIELD NOTES (1957) INDICATE THAT THIS DECREED RIGHT WAS NOT USED ON THE CLAIMED PLACE OF USE. 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 19 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ 76H -W-002566-00 ST .00 .00 .00 12/19/1900 SHEAFMAN CREEK UNIFIED INDUSTRIES PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY FIELD NOTES (1956) INDICATE THAT WATER STORED IN THIS RESERVOIR WAS ONLY BEING USED ON LAND LOCATED SOUTH OF SHEAFMAN CREEK AT THE TIME OF THE SURVEY. SEE COPIES OF FIELD NOTES IN THE CLAIM FILE. PRIORITY DATE: THE DOCUMENTATION IN THE CLAIM FILE THAT IS USED TO ESTABLISH A PRIORITY DATE FOR THIS RIGHT MAKES REFERENCE TO THE EXISTENCE OF A RESERVOIR. HOWEVER, THE DOCUMENTATION IS NOT SPECIFIC ABOUT THE NAME OR LOCATION OF THE RESERVOIR. PRIORITY DATE: UNITED STATES FOREST SERVICE RECORDS LIST A 1905 DEVELOPMENT DATE FOR THIS RESERVOIR. SEE CLAIM FILE FOR COPY OF RECORDS. 76H -W-002567-00 ST .00 .00 .00 12/19/1900 SHEAFMAN CREEK UNIFIED INDUSTRIES PRIORITY DATE: THE DOCUMENTATION IN THE CLAIM FILE THAT IS USED TO ESTABLISHED A PRIORITY DATE FOR THIS MAKES REFERENCE TO THE EXISTENCE OF A RESERVOIR. HOWEVER, THE DOCUMENTATION IS NOT SPECIFIC ABOUT THE NAME OR LOCATION OF THE RESERVOIR. PRIORITY DATE: UNITED STATES FOREST SERVICE RECORDS LIST A 1905 DEVELOPMENT DATE FOR THIS RESERVOIR. SEE CLAIM FILE FOR COPY OF RECORDS. 76H -W-002573-00 ST .00 .00 .00 12/19/1900 SHEAFMAN CREEK UNIFIED INDUSTRIES PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY FIELD NOTES (1956) INDICATE THAT WATER STORED IN THIS RESERVOIR WAS ONLY BEING USED ON LAND LOCATED SOUTH OF SHEAFMAN CREEK AT THE TIME OF THE SURVEY. SEE COPIES OF FIELD NOTES IN THE CLAIM FILE. PRIORITY DATE: THE DOCUMENTATION IN THE CLAIM FILE THAT IS USED TO ESTABLISH A PRIORITY DATE FOR THIS RIGHT MAKES REFERENCE TO THE EXISTENCE OF A RESERVOIR. HOWEVER, THE DOCUMENTATION IS NOT SPECIFIC ABOUT THE NAME OR LOCATION OF THE RESERVOIR. PRIORITY DATE: UNITED STATES FOREST SERVICE RECORDS LIST A 1905 DEVELOPMENT DATE FOR THIS RESERVOIR. SEE CLAIM FILE FOR COPY OF RECORDS. 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 20 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ PURPOSE: UNITED STATES FOREST SERVICE MEMO DATED 01/25/58 INDICATES THIS STORAGE RESERVOIR HAS NOT BEEN IN USE SINCE 1942. SEE CLAIM FILE FOR COPY OF MEMO AND RELATED INSPECTION REPORT. 76H -W-002574-00 ST .00 .00 .00 06/01/1915 SHEAFMAN CREEK UNIFIED INDUSTRIES PURPOSE: THIS CLAIMED WATER RIGHT MAY BE QUESTIONABLE. FOREST SERVICE FILES INDICATE THAT THIS STORAGE RESERVOIR WASHED OUT PRIOR TO 1941. 76H -W-002588-00 IR 96.00 G .00 138.00 05/01/1896 SP SHEAFMAN CREEK UNIFIED INDUSTRIES UNIFIED INDUSTRIES FLOW RATE: FLOW RATE MAY REQUIRE MODIFICATION BASED ON RESOLUTION OF MAXIMUM ACRES ISSUE. PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY FIELD NOTES (1958) APPEAR TO INDICATE 0.00 ACRES IRRIGATED BY WATER DIVERTED FROM BIG MEADOW SPRING. SUPPLEMENTAL RIGHTS: THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. 76H -W-002595-00 IR 58.34 G .00 14.00 06/01/1972 SP COW CREEK UNIFIED INDUSTRIES PRIORITY DATE: THE PRIORITY DATE IS IN QUESTION. NO DOCUMENTATION AS REQUIRED BY THE 1961 GROUNDWATER CODE WAS SUBMITTED TO SUPPORT THIS CLAIM. 76H -W-002599-00 IR 17.00 G .00 22.50 07/27/1969 SP COW CREEK UNIFIED INDUSTRIES PRIORITY DATE: THE PRIORITY DATE IS IN QUESTION. NO DOCUMENTATION AS REQUIRED BY THE 1961 GROUNDWATER CODE WAS SUBMITTED TO SUPPORT THIS CLAIM. 76H -W-002603-00 IR 85.00 G .00 5.00 04/28/1900 UT SHEAFMAN CREEK UNIFIED INDUSTRIES FLOW RATE: FLOW RATE MAY REQUIRE MODIFICATION BASED ON RESOLUTION OF MAXIMUM ACRES ISSUE. PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) APPEARS TO INDICATE 0.00 ACRES IRRIGATED BY WATER 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 21 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ DIVERTED FROM THIS UNNAMED TRIBUTARY OF SHEAFMAN CREEK SUPPLEMENTAL RIGHTS: THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. 76H -W-002609-00 IR 4.00 C .00 138.00 04/01/1903 SHEAFMAN CREEK UNIFIED INDUSTRIES UNIFIED INDUSTRIES FLOW RATE: FLOW RATE MAY REQUIRE MODIFICATION BASED ON RESOLUTION OF MAXIMUM ACRES ISSUE. PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY FIELD NOTES (1956) INDICATE THAT 31.00 ACRES WERE IRRIGATED BY THIS DECREED RIGHT. PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) APPEARS TO INDICATE 61.00 ACRES IRRIGATED. A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. SUPPLEMENTAL RIGHTS: THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. 76H -W-002612-00 IR 282.74 G .00 138.00 05/01/1896 UT SHEAFMAN CREEK UNIFIED INDUSTRIES FLOW RATE: FLOW RATE MAY REQUIRE MODIFICATION BASED ON RESOLUTION OF MAXIMUM ACRES ISSUE. PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) APPEARS TO INDICATE 61.00 ACRES IRRIGATED. A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. SUPPLEMENTAL RIGHTS: THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. 76H -W-002613-00 IR 1.25 C .00 138.00 05/01/1896 UT SHEAFMAN CREEK UNIFIED INDUSTRIES UNIFIED INDUSTRIES FLOW RATE: FLOW RATE MAY REQUIRE MODIFICATION BASED ON RESOLUTION OF MAXIMUM ACRES ISSUE. PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY FIELD NOTES (1958) APPEAR TO INDICATE 0.00 ACRES IRRIGATED BY WATER DIVERTED FROM BIG MEADOW CREEK. 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 22 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ SUPPLEMENTAL RIGHTS: THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. 76H -W-002614-00 IR 1.00 C .00 138.00 05/01/1896 SHEAFMAN CREEK UNIFIED INDUSTRIES UNIFIED INDUSTRIES PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY FIELD NOTES (1956) INDICATE THAT 31.00 ACRES WERE BEING IRRIGATED BY THIS DECREED RIGHT. PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) APPEARS TO INDICATE 61.00 ACRES IRRIGATED. A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. SUPPLEMENTAL RIGHTS: THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. 76H -W-002615-00 IR 224.40 G .00 20.00 05/15/1897 SHEAFMAN CREEK UNIFIED INDUSTRIES UNIFIED INDUSTRIES CONVEYANCE FACILITY: USE OF THE NO. 3 AND NO. 5 DITCH TO CONVEY WATER TO THE PLACE OF USE MAY BE QUESTIONABLE. THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) COULD NOT CONFIRM THIS INFORMATION. 76H -W-002616-00 IR 426.36 G .00 20.00 05/01/1885 SHEAFMAN CREEK UNIFIED INDUSTRIES UNIFIED INDUSTRIES CONVEYANCE FACILITY: USE OF THE NO. 3 AND NO. 5 DITCH TO CONVEY WATER TO THE PLACE OF USE MAY BE QUESTIONABLE. THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) COULD NOT CONFIRM THIS INFORMATION. FLOW RATE: FLOW RATE MAY REQUIRE MODIFICATION BASED ON RESOLUTION OF MAXIMUM ACRES ISSUE. PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY FIELD NOTES (1957) INDICATE THAT 0.00 ACRES WITHIN THE CLAIMED PLACE OF USE WERE BEING IRRIGATED BY THIS DECREED RIGHT. SUPPLEMENTAL RIGHTS: THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 23 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. 76H -W-002619-00 IR 4.00 C .00 138.00 05/01/1895 SHEAFMAN CREEK UNIFIED INDUSTRIES UNIFIED INDUSTRIES FLOW RATE: FLOW RATE MAY REQUIRE MODIFICATION BASED ON RESOLUTION OF MAXIMUM ACRES ISSUE. PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) APPEARS TO INDICATE 61.00 ACRES IRRIGATED. A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY FIELD NOTES (1956) INDICATE THAT 31.00 ACRES WERE BEING IRRIGATED BY THIS DECREED RIGHT. PURPOSE: A PORTION OF THIS RIGHT WAS CHANGED TO MULTIPLE DOMESTIC USE IN 1962. SEE CLAIM FILE W152102-00 FOR ADDITIONAL INFORMATION. SUPPLEMENTAL RIGHTS: THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. 76H -W-002625-00 IR .00 20.00 242.00 12/19/1900 SHEAFMAN CREEK UNIFIED INDUSTRIES PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY FIELD NOTES (1958) APPEAR TO INDICATE 31.00 ACRES IRRIGATED BY WATER RELEASED FROM THIS RESERVOIR. A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. PRIORITY DATE: THE DOCUMENTATION IN THE CLAIM FILE THAT IS USED TO ESTABLISH A PRIORITY DATE FOR THIS RIGHT MAKES REFERENCE TO THE EXISTENCE OF A RESERVOIR. HOWEVER, THE DOCUMENTATION IS NOT SPECIFIC ABOUT THE NAME OR LOCATION OF THE RESERVOIR. PRIORITY DATE: UNITED STATES FOREST SERVICE RECORDS LIST A 1905 DEVELOPMENT DATE FOR THIS RESERVOIR. SEE CLAIM FILE FOR COPY OF RECORDS. PURPOSE: A PORTION OF THIS RIGHT WAS CHANGED TO MULTIPLE DOMESTIC USE IN 1962. SEE CLAIM FILE W002683-00 FOR ADDITIONAL INFORMATION. SUPPLEMENTAL RIGHTS: THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 24 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. 76H -W-002629-00 IR .00 19.00 242.00 12/19/1900 SHEAFMAN CREEK UNIFIED INDUSTRIES PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY FIELD NOTES (1958) APPEAR TO INDICATE 31.00 ACRES IRRIGATED BY WATER RELEASED FROM THIS RESERVOIR. A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. PRIORITY DATE: THE DOCUMENTATION IN THE CLAIM FILE THAT IS USED TO ESTABLISH A PRIORITY DATE FOR THIS RIGHT MAKES REFERENCE TO THE EXISTENCE OF A RESERVOIR. HOWEVER, DOCUMENTATION IS NOT SPECIFIC ABOUT THE NAME OR LOCATION OF THE RESERVOIR. PRIORITY DATE: UNITED STATES FOREST SERVICE RECORDS LIST A 1905 DEVELOPMENT DATE FOR THIS RESERVOIR. SEE CLAIM FILE FOR COPY OF RECORDS. PURPOSE: A PORTION OF THIS RIGHT WAS CHANGED TO MULTIPLE DOMESTIC USE IN 1962. SEE CLAIM FILE W002689-00 FOR ADDITIONAL INFORMATION. SUPPLEMENTAL RIGHTS: THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. 76H -W-002631-00 IR 187.00 G .00 11.00 05/01/1896 WS SAGE CREEK UNIFIED INDUSTRIES FLOW RATE: FLOW RATE MAY REQUIRE MODIFICATION BASED ON RESOLUTION OF MAXIMUM ACRES ISSUE. PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) APPEARS TO INDICATE 00.0 ACRES IRRIGATED. PLACE OF USE: USDA AERIAL PHOTOGRAPH NO. 179-68, DATED 08/02/79, APPEARS TO INDICATE 0.00 ACRES IRRIGATED. 76H -W-002634-00 IR .00 19.00 242.00 12/19/1900 SHEAFMAN CREEK UNIFIED INDUSTRIES PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY FIELD NOTES (1958) APPEAR TO INDICATE 31.00 ACRES IRRIGATED BY WATER RELEASED FROM THIS RESERVOIR. A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. PRIORITY DATE: THE DOCUMENTATION IN THE CLAIM FILE THAT IS USED TO 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 25 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ ESTABLISH A PRIORITY DATE FOR THIS RIGHT MAKES REFERENCE TO THE EXISTENCE OF A RESERVOIR. HOWEVER, THE DOCUMENTATION IS NOT SPECIFIC ABOUT THE NAME OR LOCATION OF THE RESERVOIR. PRIORITY DATE: UNITED STATES FOREST SERVICE RECORDS LIST A 1905 DEVELOPMENT DATE FOR THIS RESERVOIR. SEE CLAIM FILE FOR COPY OF RECORDS. PURPOSE: UNITED STATES FOREST SERVICE MEMO DATED 01/24/58 INDICATES THAT THIS STORAGE RESERVOIR HAD NOT BEEN IN USE SINCE 1942. SEE CLAIM FILE FOR COPY OF MEMO AND RELATED INSPECTION REPORT. PURPOSE: A PORTION OF THIS RIGHT WAS CHANGED TO MULTIPLE DOMESTIC USE IN 1962. SEE CLAIM FILE W002691-00 FOR ADDITIONAL INFORMATION. SUPPLEMENTAL RIGHTS: THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. 76H -W-002636-00 IR .00 25.00 242.00 06/01/1915 SHEAFMAN CREEK UNIFIED INDUSTRIES PLACE OF USE: USDA AERIAL PHOTOGRAPH NO. 179-68, DATED 08/02/79, APPEARS TO INDICATE 0.00 ACRES IRRIGATED BY WATER RELEASED FROM THIS UNNAMED STORAGE RESERVOIR. PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) APPEARS TO INDICATE 0.00 ACRES IRRIGATED BY WATER RELEASED FROM THIS UNNAMED STORAGE RESERVOIR. PURPOSE: THIS CLAIMED WATER RIGHT MAY BE QUESTIONABLE. FOREST SERVICE FILES INDICATE THAT THIS STORAGE RESERVOIR WASHED OUR PRIOR TO 1941. SUPPLEMENTAL RIGHTS: THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. VOLUME: VOLUME MAY REQUIRE MODIFICATION BASED ON RESOLUTION OF MAXIMUM ACRES ISSUE. 76H -W-002648-00 RC .00 2.80 .00 06/01/1972 SP COW CREEK UNIFIED INDUSTRIES PRIORITY DATE: THE PRIORITY DATE IS IN QUESTION. NO DOCUMENTATION AS REQUIRED BY THE 1961 GROUNDWATER CODE WAS SUBMITTED 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 26 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ TO SUPPORT THIS CLAIM. PURPOSE: THERE IS A QUESTION AS TO THE VALIDITY OF THIS CLAIMED RIGHT. IN THE MATTER OF THE DEARBORN DRAINAGE AREA, 234 MONT. 343 (1988) (THE BEAN LAKE CASE) THE MONTANA SUPREME COURT STATED: "IT IS CLEAR THEREFORE THAT UNDER MONTANA LAW BEFORE 1973, NO APPROPRIATION RIGHT WAS RECOGNIZED FOR RECREATION, FISH AND WILDLIFE, EXCEPT THROUGH A MURPHY RIGHT STATUTE." 76H -W-002659-00 MD 10.00 G 2.70 2.00 12/31/1972 WELL UNIFIED INDUSTRIES PRIORITY DATE: THE PRIORITY DATE IS IN QUESTION. NO DOCUMENTATION AS REQUIRED BY THE 1961 GROUNDWATER CODE WAS SUBMITTED TO SUPPORT THIS CLAIM. 76H -W-002667-00 RC .00 5.70 .00 04/28/1900 UT SHEAFMAN CREEK UNIFIED INDUSTRIES PURPOSE: THERE IS A QUESTION AS TO THE VALIDITY OF THIS CLAIMED RIGHT. IN THE MATTER OF THE DEARBORN DRAINAGE AREA, 234 MONT. 343 (1988) (THE BEAN LAKE CASE) THE MONTANA SUPREME COURT STATED: "IT IS CLEAR THEREFORE THAT UNDER MONTANA LAW BEFORE 1973, NO APPROPRIATION RIGHT WAS RECOGNIZED FOR RECREATION, FISH AND WILDLIFE, EXCEPT THROUGH A MURPHY RIGHT STATUTE." 76H -W-002669-00 FW .00 5.70 .00 04/28/1900 UT SHEAFMAN CREEK UNIFIED INDUSTRIES PURPOSE: THERE IS A QUESTION AS TO THE VALIDITY OF THIS CLAIMED RIGHT. IN THE MATTER OF THE DEARBORN DRAINAGE AREA, 234 MONT. 343 (1988) (THE BEAN LAKE CASE) THE MONTANA SUPREME COURT STATED: "IT IS CLEAR THEREFORE THAT UNDER MONTANA LAW BEFORE 1973, NO APPROPRIATION RIGHT WAS RECOGNIZED FOR RECREATION, FISH AND WILDLIFE, EXCEPT THROUGH A MURPHY RIGHT STATUTE." 76H -W-002670-00 FW .00 7.20 .00 08/28/1908 SAGE CREEK UNIFIED INDUSTRIES PURPOSE: THERE IS A QUESTION AS TO THE VALIDITY OF THIS CLAIMED RIGHT. IN THE MATTER OF THE DEARBORN DRAINAGE AREA, 234 MONT. 343 (1988) (THE BEAN LAKE CASE) THE MONTANA SUPREME COURT STATED: "IT IS CLEAR THEREFORE THAT UNDER MONTANA LAW BEFORE 1973, NO APPROPRIATION RIGHT WAS RECOGNIZED FOR RECREATION, FISH AND WILDLIFE, EXCEPT THROUGH A MURPHY RIGHT STATUTE." 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 27 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ VOLUME: THIS WATER RIGHT APPEARS TO BE LARGELY NON-CONSUMPTIVE. 76H -W-002671-00 RC .00 7.20 .00 08/28/1908 SAGE CREEK UNIFIED INDUSTRIES PURPOSE: THERE IS A QUESTION AS TO THE VALIDITY OF THIS CLAIMED RIGHT. IN THE MATTER OF THE DEARBORN DRAINAGE AREA, 234 MONT. 343 (1988) (THE BEAN LAKE CASE) THE MONTANA SUPREME COURT STATED: "IT IS CLEAR THEREFORE THAT UNDER MONTANA LAW BEFORE 1973, NO APPROPRIATION RIGHT WAS RECOGNIZED FOR RECREATION, FISH AND WILDLIFE, EXCEPT THROUGH A MURPHY RIGHT STATUTE." VOLUME: THIS WATER RIGHT APPEARS TO BE LARGELY NON-CONSUMPTIVE. 76H -W-002673-00 RC .00 .40 .00 05/14/1953 SAGE CREEK UNIFIED INDUSTRIES PURPOSE: THERE IS A QUESTION AS TO THE VALIDITY OF THIS CLAIMED RIGHT. IN THE MATTER OF THE DEARBORN DRAINAGE AREA, 234 MONT. 343 (1988) (THE BEAN LAKE CASE) THE MONTANA SUPREME COURT STATED: "IT IS CLEAR THEREFORE THAT UNDER MONTANA LAW BEFORE 1973, NO APPROPRIATION RIGHT WAS RECOGNIZED FOR RECREATION, FISH AND WILDLIFE, EXCEPT THROUGH A MURPHY RIGHT STATUTE." VOLUME: THIS WATER RIGHT APPEARS TO BE LARGELY NON-CONSUMPTIVE. 76H -W-002674-00 FW .00 .40 .00 05/14/1953 SAGE CREEK UNIFIED INDUSTRIES PURPOSE: THERE IS A QUESTION AS TO THE VALIDITY OF THIS CLAIMED RIGHT. IN THE MATTER OF THE DEARBORN DRAINAGE AREA, 234 MONT. 343 (1988) (THE BEAN LAKE CASE) THE MONTANA SUPREME COURT STATED: "IT IS CLEAR THEREFORE THAT UNDER MONTANA LAW BEFORE 1973, NO APPROPRIATION RIGHT WAS RECOGNIZED FOR RECREATION, FISH AND WILDLIFE, EXCEPT THROUGH A MURPHY RIGHT STATUTE." VOLUME: THIS WATER RIGHT APPEARS TO BE LARGELY NON-CONSUMPTIVE. 76H -W-002676-00 RC .00 .40 .00 06/01/1912 SAGE CREEK UNIFIED INDUSTRIES 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 28 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ PURPOSE: THERE IS A QUESTION AS TO THE VALIDITY OF THIS CLAIMED RIGHT. IN THE MATTER OF THE DEARBORN DRAINAGE AREA, 234 MONT. 343 (1988) (THE BEAN LAKE CASE) THE MONTANA SUPREME COURT STATED: "IT IS CLEAR THEREFORE THAT UNDER MONTANA LAW BEFORE 1973, NO APPROPRIATION RIGHT WAS RECOGNIZED FOR RECREATION, FISH AND WILDLIFE, EXCEPT THROUGH A MURPHY RIGHT STATUTE." 76H -W-002683-00 MD .00 6.00 1.00 12/19/1900 SHEAFMAN CREEK UNIFIED INDUSTRIES PRIORITY DATE: THE DOCUMENTATION IN THE CLAIM FILE THAT IS USED TO ESTABLISH A PRIORITY DATE FOR THIS RIGHT MAKES REFERENCE TO THE EXISTENCE OF A RESERVOIR. HOWEVER, THE DOCUMENTATION IS NOT SPECIFIC ABOUT THE NAME OR LOCATION OF THE RESERVOIR. PRIORITY DATE: UNITED STATES FOREST SERVICE RECORDS LIST A 1905 DEVELOPMENT DATE FOR THIS RESERVOIR. SEE CLAIM FILE FOR COPY OF RECORDS. PURPOSE: THE CLAIMED PRIORITY DATE (12/19/1900) IS BASED ON THE USE OF THIS LAKE STORAGE RIGHT FOR IRRIGATION PURPOSES (SEE W002625-00). A PORTION OF THIS RIGHT WAS FIRST USED FOR MULTIPLE DOMESTIC PURPOSES IN 1962. 76H -W-002689-00 MD .00 6.00 1.00 12/19/1900 SHEAFMAN CREEK UNIFIED INDUSTRIES PRIORITY DATE: THE DOCUMENTATION IN THE CLAIM FILE THAT IS USED TO ESTABLISH A PRIORITY DATE FOR THIS RIGHT MAKES REFERENCE TO THE EXISTENCE OF A RESERVOIR. HOWEVER, THE DOCUMENTATION IS NOT SPECIFIC ABOUT THE NAME OR LOCATION OF THE RESERVOIR. PRIORITY DATE: UNITED STATES FOREST SERVICE RECORDS LIST A 1905 DEVELOPMENT DATE FOR THIS RESERVOIR. SEE CLAIM FILE FOR COPY OF RECORDS. PURPOSE: THE CLAIMED PRIORITY DATE (12/19/1900) IS BASED ON THE USE OF THIS LAKE STORAGE RIGHT FOR IRRIGATION PURPOSES (SEE W002629-00). A PORTION OF THIS RIGHT WAS FIRST USED FOR MULTIPLE DOMESTIC PURPOSES IN 1962. 76H -W-002691-00 MD .00 6.00 1.00 12/19/1900 SHEAFMAN CREEK UNIFIED INDUSTRIES PRIORITY DATE: THE DOCUMENTATION IN THE CLAIM FILE THAT IS USED TO ESTABLISH A PRIORITY DATE FOR THIS RIGHT MAKES 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 29 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ REFERENCE TO THE EXISTENCE OF A RESERVOIR. HOWEVER, THE DOCUMENTATION IS NOT SPECIFIC ABOUT THE NAME OR LOCATION OF THE RESERVOIR. PRIORITY DATE: UNITED STATES FOREST SERVICE RECORDS LIST A 1905 DEVELOPMENT DATE FOR THIS RESERVOIR. SEE CLAIM FILE FOR COPY OF RECORDS. PURPOSE: THE CLAIMED PRIORITY DATE (12/19/1900) IS BASED ON THE USE OF THIS LAKE STORAGE RIGHT FOR IRRIGATION PURPOSES (SEE W002634-00). A PORTION OF THIS RIGHT WAS FIRST USED FOR MULTIPLE DOMESTIC PURPOSES IN 1962. 76H -W-002694-00 IR .00 7.00 242.00 06/01/1915 SHEAFMAN CREEK UNIFIED INDUSTRIES PLACE OF USE: USDA AERIAL PHOTOGRAPH NO. 119-68, DATED 08/02/79, APPEARS TO INDICATE 0.00 ACRES IRRIGATED BY WATER RELEASED FROM THIS UNNAMED STORAGE RESERVOIR. PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) APPEARS TO INDICATE 0.00 ACRES IRRIGATED BY WATER RELEASED FROM THIS UNNAMED STORAGE RESERVOIR. PURPOSE: THIS CLAIMED WATER RIGHT MAY BE QUESTIONABLE. FOREST SERVICE FILES INDICATE THAT THIS STORAGE RESERVOIR WASHED OUT PRIOR TO 1941. SUPPLEMENTAL RIGHTS: THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. VOLUME: VOLUME MAY REQUIRE MODIFICATION BASED ON RESOLUTION OF MAXIMUM ACRES ISSUE. 76H -W-003003-00 IR 196.35 G .00 20.00 03/01/1884 BEAR CREEK, NORTH CHANNEL WALLACE JUNE S WALLACE J C DECREE EXCEEDED: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 150 MINER'S INCHES DECREED IN CASE NO. 1337, RAVALLI COUNTY. W003003-00, W021208-00, W029147-00, W029191-00, W099894-00, W099902-00, W103854-00, W104917-00, W108954-00, W108961-00, W108966-00, W210801-00, W211395-00. 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 30 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ 76H -W-003007-00 IR 33.66 G .00 3.00 07/05/1867 SMITH CREEK SMITH M D BROWDER DANIEL DECREE EXCEEDED: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE BROWDER SHARON FILED ON THE SAME FORMERLY DECREED WATER RIGHT. THE SUM OF THE CLAIMED FLOW RATES EXCEEDS THE 80 MINER'S INCHES DECREED IN CASE NO. 800, RAVALLI COUNTY. W003007-00, W104994-00, W103869-00. 76H -W-003009-00 IR 1.75 C .00 80.00 05/01/1883 SHEAFMAN CREEK RADIATRONICS INC EASLEY LEONARD M AMENDED CLAIM: AMENDMENTS WERE SUBMITTED 04/28/89 WHICH WERE NOT EASLEY RUTH B IMPLEMENTED. THE AMENDMENTS REFER TO WATER SOURCES EASLEY WALTER D NOT LISTED ON THE ORIGINALLY FILED CLAIM. SEE CLAIM FILE FOR ADDITIONAL INFORMATION. 76H -W-003010-00 ST .00 .00 .00 05/01/1883 SHEAFMAN CREEK RADIATRONICS INC EASLEY LEONARD M AMENDED CLAIM: AMENDMENTS WERE SUBMITTED 04/28/89 WHICH WERE NOT EASLEY RUTH B IMPLEMENTED. THE AMENDMENTS REFER TO WATER SOURCES EASLEY WALTER D NOT LISTED ON THE ORIGINALLY FILED CLAIM. SEE CLAIM FILE FOR ADDITIONAL INFORMATION. 76H -W-003011-00 IR 112.20 G .00 10.00 12/31/1900 LICK CREEK DOYLE LEO S DOYLE JEANNE M FLOW RATE: FLOW RATE MAY REQUIRE MODIFICATION BASED ON WHITE JOHN S RESOLUTION OF MAXIMUM ACRES ISSUE. OWNER: AS OF 12/05/91, THIS WATER RIGHT APPEARS TO BE OWNED BY ANTHONY & THEODORE BICOS, 2477 OLD DARBY RD, HAMILTON, MT 59840. PLACE OF USE: USDA AERIAL PHOTOGRAPH NO. 178-74, DATED 08/02/79, APPEARS TO INDICATE 3.00 ACRES IRRIGATED. A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) APPEARS TO INDICATE 0.00 ACRES IRRIGATED. PLACE OF USE: THE CLAIMED PLACE OF USE DOES NOT APPEAR TO BE IRRIGATED BY WATER FROM THE CLAIMED SOURCE. PRIORITY DATE: THE PRIORITY DATE IS IN QUESTION. THE PLACE OF USE DESCRIBED IN CASE NO. 1509, RAVALLI COUNTY, IS 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 31 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ INCONSISTENT WITH THE CLAIMED PLACE OF USE. PURPOSE: IT APPEARS THIS WATER RIGHT MAY NOT HAVE BEEN PERFECTED. LICK CREEK WATER CANNOT BE DELIVERED TO THE CLAIMED PLACE OF USE IN THE MANNER DESCRIBED. INFORMATION IN THE CLAIM FILE DESCRIBES USING THE BITTERROOT RIVER AS A NATURAL CARRIER TO DELIVER LICK CREEK WATER TO THE CLAIMED PLACE OF USE. IT APPEARS THAT NO HISTORICAL APPROPRIATION HAS OCCURRED FROM THE CLAIMED SOURCE. SOURCE NAME: WATER IS NOT DIVERTED FROM THE CLAIMED SOURCE. WATER FROM THE CLAIMED SOURCE IS EXCHANGED FOR WATER DIVERTED FROM A DIFFERENT SOURCE. DUE TO THE EXCHANGE OF WATER, THE SOURCE AND PRIORITY DATE CANNOT BE CONFIRMED. SUPPLEMENTAL RIGHTS: THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. 76H -W-003012-00 IR 112.20 G .00 10.00 06/20/1907 WS BITTERROOT RIVER DOYLE LEO S DOYLE JEANNE M FLOW RATE: FLOW RATE MAY REQUIRE MODIFICATION BASED ON WHITE JOHN S RESOLUTION OF MAXIMUM ACRES ISSUE. OWNER: AS OF 12/05/91, THIS WATER RIGHT APPEARS TO BE OWNED BY ANTHONY & THEODORE BICOS, 2477 OLD DARBY RD, HAMILTON, MT 59840. PLACE OF USE: USDA AERIAL PHOTOGRAPH NO. 178-74, DATED 08/02/79, APPEARS TO INDICATE 3.00 ACRES IRRIGATED. A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. PLACE OF USE: THE RAVALLI COUNTY WATER RESOURCES SURVEY (1958) APPEARS TO INDICATE 0.00 ACRES IRRIGATED. PURPOSE: THE RAVALLI COUNTY WATER RESOURCES SURVEY FIELD NOTES (1957) INDICATE THIS FILED APPROPRIATION MAY NOT HAVE BEEN PERFECTED. THE FIELD NOTES DO NOT LIST THIS WATER RIGHT AMONG THOSE RIGHTS BEING USED ON THE CLAIMED PLACE OF USE. SUPPLEMENTAL RIGHTS: THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. 1 12/18/97 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PAGE 32 SOUTHWEST SUBBASIN - BITTERROOT RIVER 76HF INDEX OF CLAIMS WITH ISSUE REMARKS FLOW PRIORITY WATER RIGHT ID USE RATE VOLUME ACRES DATE TRIB SOURCE NAME OWNER ------------------------------------------------------------------------------------------------------------------------------------ 76H -W-003013-00 ST 112.20 G .00 .00 12/31/1900 LICK CREEK DOYLE LEO S DOYLE JEANNE M FLOW RATE: THE CLAIMED FLOW RATE EXCEEDS THE 35 GPM GUIDELINE WHITE JOHN S FOR THIS PURPOSE AND CANNOT BE CONFIRMED DUE TO LACK OF DATA. OWNER: AS OF 12/05/91, THIS WATER RIGHT APPEARS TO BE OWNED BY ANTHONY & THEODORE BICOS, 2477 OLD DARBY RD, HAMILTON, MT 59840. PRIORITY DATE: THE PRIORITY DATE IS IN QUESTION. THE PLACE OF USE DESCRIBED IN CASE NO. 1509, RAVALLI COUNTY, IS INCONSISTENT WITH THE CLAIMED PLACE OF USE. PURPOSE: IT APPEARS THIS WATER RIGHT MAY NOT HAVE BEEN PERFECTED. LICK CREEK WATER CANNOT BE DELIVERED TO THE CLAIMED PLACE OF USE IN THE MANNER DESCRIBED. INFORMATION IN THE CLAIM FILE DESCRIBES USING THE BITTERROOT RIVER AS A NATURAL CARRIER TO DELIVER LICK CREEK WATER TO THE CLAIMED PLACE OF USE. IT APPEARS THAT NO HISTORICAL APPROPRIATION HAS OCCURRED FROM THE CLAIMED SOURCE. SOURCE NAME: WATER IS NOT DIVERTED FROM THE CLAIMED SOURCE. WATER FROM THE CLAIMED SOURCE IS EXCHANGED FOR WATER DIVERTED FROM A DIFFERENT SOURCE. DUE TO THE EXCHANGE OF WATER, THE SOURCE AND PRIORITY DATE CANNOT BE CONFIRMED. 76H -W-003014-00 FW .00 60.00 .00 08/31/1970 SP LOST HORSE CREEK NOBLES EDWARD T OWNER: CLAIM FORM NOT SIGNED OR NOTARIZED. PURPOSE: THERE IS A QUESTION AS TO THE VALIDITY OF THIS CLAIMED RIGHT. IN THE MATTER OF THE DEARBORN DRAINAGE AREA, 234 MONT. 343 (1988) (THE BEAN LAKE CASE) THE MONTANA SUPREME COURT STATED: "IT IS CLEAR THEREFORE THAT UNDER MONTANA LAW BEFORE 1973, NO APPROPRIATION R