In the Water Court of the State of Montana
Lower Missouri Division
Missouri River Below Fort Peck Dam - Basin 40S
Notice that Objections have been Filed and Hearings Requested
This is your personal notice that objections have been filed and hearings have been requested on 1451 water right claims issued in the Preliminary Decree of the Missouri River Below Fort Peck Dam Basin (40S).
What is Happening?
An Objection List has been prepared that sets out the claim number, the ownership and source of the claims that received an objection and further identifies the objecting party and the general nature of the objection. Any of these claims may be changed as a result of evidence submitted to the Water Court. Changes to a neighbor's water right may affect your water rights. Accordingly, you may want to file a Notice of Intent to Appear in order to be kept informed of the progress of objections on certain water right claims or to become an active third party in the claim proceedings. After this decree has been modified by objections and hearings, it is enforceable.
For Your Protection, We Suggest That You Thoroughly Review the Objection List. You Can Then Decide Whether You Want to File a Notice of Intent to Appear and Take Part in Any Claim Proceedings. You Can See the Objection List for this Basin at the Locations Listed on the Other Side.
Who Must File a Notice of Intent to Appear?
If you are not already involved in a water right claim as the claimant or objector but you wish to participate in the proceedings regarding that water right claim, you must file a Notice of Intent to Appear. You will be limited to discussing those issues that have already been raised by the objections. Those who timely file a Notice of Intent to Appear on a claim will receive notice of all further proceedings relevant to the objections to that claim.
A Claimant and Objector to a Water Right Claim Do Not Have to File a Notice of Intent to Appear in Order to Participate in Any of the Proceedings for That Claim.
How to File a Notice of Intent to Appear
A NOTICE OF INTENT TO APPEAR MUST BE FILED ON THE FORMS PROVIDED BY THE WATER COURT. These forms can be found at the offices listed on the other side. Notices of Intent to Appear must be returned to the Montana Water Court, P. O. Box 1389, Bozeman, MT 59771-1389.
All Notices of Intent to Appear Must Be Received by The Montana Water Court Before 5:00 PM on June 11, 2001
Where to see the Objection List and Obtain Forms
The Objection List may be reviewed and Notice of Intent to Appear forms may be obtained at:
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 542 page Objection List from the Montana Water Court. The cost of this List is $10.00. The Objection List and Notice of Intent to Appear Forms are also available from the Water Court on two 3.5" computer disks in Corel WordPerfect 8 for $5.00. They are also posted on the Internet at www.dnrc.state.mt.us/wrd/home.htm Click on Water Rights, then Water Court Activity and then scroll down to Basin #40S and click. OR point your browser directly at ftp://flathead.dnrc.state.mt.us/water/bsn_40S.htm
The Objection List does not contain all of the information included on the objection form. To obtain a copy of an objection in its entirety, contact the Montana Water Court, P. O. Box 1389, Bozeman, MT 59771-1389, (406) 586-4364 or toll free (in Montana only) 1-800-624-3270.
What Happens after a Notice of Intent to Appear is Filed?
The claimant, objectors and those who filed a Notice of Intent to Appear will be notified by the Court of the time and date set for the First Status Conference and all other Court proceedings. If you file a Notice of Intent to Appear, you will be expected to participate actively in the Court proceedings.
Are We Using Your Correct Mailing Address?
If the mailing label on the envelope in which this Notice was enclosed is incorrect, please notify the Dept. of Natural Resources & Conservation.
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 10th day of April, 2001.
______________________________
C. BRUCE LOBLE
Chief Water Judge
Montana Water Court
P. O. Box 1389
Bozeman, MT 59771-1389
REMINDER:
- Notice of Intent to Appear must be filed by JUNE 11, 2001.
