In the Water Court of the State of Montana
Lower Missouri Division
Missouri River Below Fort Peck Dam - Basin 40S
Notice of Entry of Preliminary Decree and Notice of Availability
As a Water Claimant You Need to Read All of this Notice
You are hereby notified that the Montana Water Court has entered its Preliminary Decree for the Missouri River Below Fort Peck Dam Basin 40S. The entire water rights Decree is now available for your review.
If you, or your predecessors, filed a claim for an existing water right with a priority date before July 1, 1973, an abstract of your claim is enclosed with this Notice. The abstract reflects your existing water right claim as it appears in the Preliminary Decree. You will not receive an abstract of water right with this Notice if you, or your predecessors, only applied for or received a permit or certificate to appropriate water after June 30, 1973.
What is a Preliminary Decree?
This Preliminary Decree is a compilation of the existing water right claims filed in the Missouri River Below Fort Peck Dam drainage in Basin 40S. This Decree includes all sources of water located within the Missouri River Below Fort Peck drainage except for the Redwater River, the Poplar River, and the Big Muddy Creek drainages, respectively Basins 40P, 40Q, and 40R.
If you don't agree with your pre July 1973 water right claim as it is printed on the enclosed abstract or any other water right claim in this Decree, you may file an objection and the Water Court will hear your objection. See the general Findings of Facts and Conclusions of Law in the first volume of the Decree for further explanation of the preparation of this Decree.
Should You File an Objection?
Only you can answer this question. You should first examine the abstract of your water rights. Is each abstract correct? Your examination must not stop there, though. You must understand three important facts: (1) your water right may be subject to other water rights on your source or on other sources in the Basin; (2) your water right may be subject to water rights in adjoining Basins; and (3) your water right may be subject to Indian and Federal reserved water rights.
You can determine the rank of the priority date of your water right in comparison with other water rights in your Basin by using the Index available with the Decree. The Source Name Index lists all water rights under the name of each source of supply (for example, all water rights listed on Sand Creek). Under each source name, the water rights are listed from the earliest priority date to the latest priority date. The Priority Date Index lists all water rights within the Basin beginning with the earliest date and continuing to the latest. You can buy a copy of the Decree or just the Index, or you can look at a copy at any of the offices listed on the other side of this Notice. You should review ALL the elements of other water rights which may affect you.
The reserved water right of the Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation that is located within Basin 40S is defined in the Fort Peck-Montana Compact and is included within this Decree by reference. It is specifically described in the April 6, 1994 Special Fort Peck Compact Subbasin Decree spanning several basins and is currently before the Water Court in Cause WC-92-1.
Review All Water Right Abstracts Carefully
Look carefully at all the water right abstracts in the Decree, including your own abstract. Elements of your water right may have been changed since the claim was originally filed. If there is a change, that change has occurred as a result of information obtained during the examination of your claim by the Montana Department of Natural Resources and Conservation. If an abstract reflects any change, that change may be challenged by filing an objection with the Water Court. Your claim may also be called in and reviewed by the Water Court on its own initiative in accordance with the examination information.
THIS PRELIMINARY DECREE, AS MODIFIED AFTER OBJECTIONS AND HEARINGS, WILL BE ENFORCEABLE IN ACCORDANCE WITH '3-7-212 AND '85-2-406 MONTANA CODE ANNOTATED. IF A RIGHT RECEIVES NO OBJECTION OR IS NOT REVIEWED BY THE WATER COURT ON ITS OWN INITIATIVE, IT MAY REMAIN UNCHANGED, WILL BE ENFORCEABLE AND MAY BE ENTERED IN THE FINAL DECREE.
How to File an Objection and Request a Hearing
An objection must be filed on the forms provided by the Montana Water Court. The offices where these forms can be found are listed below.
ALL OBJECTIONS MUST BE FILED AND RECEIVED AT THE WATER COURT ON OR BEFORE THE 26TH DAY OF JUNE, 2000. OBJECTIONS RECEIVED AFTER THIS DATE WILL BE CLASSIFIED AS LATE. Objections may be mailed to the Montana Water Court, P. O. Box 1389, Bozeman, MT 59771-1389, but they still must be received by June 26, 2000.
Can You Get an Extension?
An extension for filing objections may be granted by the Water Judge. Requests must be received by the Montana Water Court on or before JUNE 26, 2000. Use the form furnished by the Montana Water Court. If an extension is granted, it will apply to everyone. Any extension may be seen at the offices listed below and will be advertised in The Herald News.
Notice of Availability
THE PRELIMINARY DECREE (INCLUDING THE INDEX, THE FINDINGS OF FACT AND CONCLUSIONS OF LAW) IS AVAILABLE FOR REVIEW, AND WATER COURT OBJECTION AND EXTENSION FORMS CAN BE OBTAINED AT THE FOLLOWING OFFICES:
1. Montana Water Court, 601 Haggerty Lane, Bozeman, Montana.
2. Montana Dept. of Natural Resources & Conservation, 48 North Last Chance Gulch, Helena, Montana.
3. Montana Dept. of Natural Resources & Conservation, Water Resources Regional Office,
222 Sixth Street South, Glasgow, Montana. No DNRC adjudication specialists are
permanently stationed in the Glasgow office. Please call the DNRC Havre Office, (406) 265-5516,
to schedule assistance.
4. Montana Dept. of Natural Resources & Conservation, Water Resources Regional Office,
210 Sixth Avenue, Havre, Montana. Telephone (406) 265-5516.
You may obtain a copy of the Preliminary Decree from the Department of Natural Resources and Conservation, Water Rights Bureau, P.O. Box 201601, Helena, MT 59620-1601. The cost of this Decree, including the Index, Findings and Conclusions, is $265.00. The Index alone is $ 45.00. A microfiche copy of the decree, including the Index, Findings and Conclusions, is $10.50.
Internet access to water right information is available. Point your browser to the World Wide Web address of www.dnrc.state.mt.us/wrd/home.htm and click on Water Rights. Then, under Water Right Program Links, click on Water Court Activity or Adjudication Status. To access information on this Decree, scroll down through the various basins and click on Basin # 40S. After doing so, you will be at the appropriate ftp://flathead.dnrc.state.mt.us/water/bsn_40S.htm address. Then scroll down and click on the 40S Decree information that interests you.
After Objections are Filed
After the time for filing objections has passed, the Montana Water Court will prepare an Objection List, notify you by mail that hearings have been requested and set a date for all interested parties to notify the Montana Water Court of their intent to participate in any of those hearings.
If the address label on the envelope in which this Notice was enclosed is incorrect, please notify the Department of Natural Resources & Conservation by returning the enclosed Address Correction Form..
Any Questions? Call the DNRC Havre office at (406) 265-5516 or call the Water Court's toll free number 1-800-624-3270 (In Montana). Our regular office number is (406) 586-4364 and it is not toll free.
DATED this 29th day of December, 1999.
______________________________
C. Bruce Loble
Chief Water Judge
Montana Water Court
P. O. Box 1389
Bozeman, MT 59771-1389
Remember: Objections must be filed in the Water Court by June 26, 2000.
