p.o. - montana legislature€¦ · kay and bill ballenger, 8815 thorpe road, bozeman, mt 59718. the...

Arthur V. Wittich Adrmttcd MT & CO 602 Ferguson Ave., Suite 5

Bozeman, Montana 597 18 Frederick P. Landers, Jr.

Admtttcd MT b GA Phone: (406) 585-5598 Margot E. Bare Fax: (406) 585-281 1 - - AdmitIed MT. CA L AR wlfmlaw-advisor.com

Hertha L. Lund /"

June 15, .2007

Montana Department of Natural Resources and Conservation 1424 gfh Ave., P.O. Box 201601 Helena, MT 59620-1601

Re: Objections to Applications Nos. 41 H-30026244 & 4iH-30026245

On behalf of water rights holders, residents living in the Four Corners area and the Montana River Action organization, I thank you for the opportunity to provide the following objections to water rights applications Nos. 4iH-30026244 & 4iH-30026245. More specifically, I am providing comments individually and collectively on behalf of:

& 1 Charles Kent Brodie, 931 W. Hulbert Road, Bozeman, MT 59718. The bases of his water rights are Certificate of Water Right No. 4iH- 99503 and Statement of Claim Nos. 4iH-148658 and qiH-210857. Mr. Brodie lives downstream from the applicant and uses both surface and groundwater. If the Department of Natural Resources and Conservation ("DNRC") permits Utility Solutions to pump more water in this closed basin, it will result in a greater losing stretch of the stream, and Mr. Brodie's property, water rights and interests in the DNRC fairly applying the laws of Montana will be adversely affected. Furthermore, Mr. Brodie has a constitutional right to a "clean and healthful environment," and to the DNRC following the laws established by the Legislature. Constitution of Montana, Art. IX, 55 3 & 4.

Deb Wahlberg and George Metcalfe, 11 Chinook Trail, Bozeman, MT ' 59718. The basis of their water rights is Certificate of Water Right No. 41H-1546200. MS. Wahlberg and Mr. Metcalfe use both surface and groundwater. If the DNRC permits Utility Solutions to pump more water in this closed basin, it will result in a greater losing stretch of the stream, and Ms. Wahlberg's and Mr. Metcalfe's property, water rights and interests in the DNRC fairly applying the laws of Montana will be adversely affected. Furthermore, Ms. Wahlberg and Mr. Metcalfe have a constitutional right to a "clean and healthful environment," and to the DNRC following the laws established by the Legislature. Constitution of Montana, Art. IX, 55 3 & 4.

$f 9 a Montana River Action, 304 N. 18th Ave, Bozeman, MT 59715. The members of the MRA are concerned about the negative impact these applications will have on in-stream flows and thermal pollution, preventing recreational use of the river. Furthermore, members of the MU-have --a -constitutional right to a "clean and healthful environment," and to the DNRC following the laws established by the Legislature. Constitution of Montana, Art. IX, 55 3 & 4.

West Gallatin Canal Company, P.O. Box 553, Gallatin Gateway, MT 59730. The bases of the company's water rights are Statement of Claim Nos. 4iH-3312900; 4iH-3313000; 4iH-3313100; 4iH-3313300; and 4iH-3313200. The applications will have a significant and detrimental impact on the Company by reducing its ability to provide sufficient irrigation water, particularly during high demand periods of the agricultural growing season. If the DNRC permits Utility Solutions to pump more water in this closed basin, it will result in a greater losing stretch of the stream, and the Company's property, water rights and interests in the DNRC fairly applying the laws of Montana will be adversely affected. Furthermore, members of the Company have a constitutional right to a "clean and healthful environment," and to the DNRC following the laws established by the Legislature. Constitution of Montana, Art. IX, 55 3 & 4.

Rosie Faust, 176 Lower Rainbow Road, Bozeman, MT 59718. '' The bases of her water rights are Statement of Claim Nos. 4iH- 13977500 and 4iH-13977400. Faust has already lost irrigation use due to low flows in the Gallatin River. In previous years, consumption levels had to be reduced due to drought, and some wells in the area reportedly went dry. Approval of these permits will further compound the problems experienced in this area. If the DNRC permits Utility Solutions to pump more water in this closed basin, it will result in a greater losing stretch of the stream, and Ms. Faust's property, water rights and interests in the DNRC fairly applying the laws of Montana will be adversely affected. Furthermore, Ms. Faust has a constitutional right to a "clean and healthful environment," and to the DNRC following the laws established by the Legislature. Constitution of Montana, Art. IX, 55 3 & 4.

;ft 6. Kay and Bill Ballenger, 8815 Thorpe Road, Bozeman, MT 59718. The basis of their water rights is Statement of Claim No. 4iH- 14865700. If the DNRC permits Utility Solutions to pump more water in this closed basin, it will result in a greater losing stretch of the stream, and Mr. and Ms. Ballenger's property, water rights and interests in the DNRC fairly applying the laws of Montana will be adversely affected. Furthermore, they have a constitutional right to a "clean and healthful environment," and to the DNRC following the laws

established by the Legislature. Constitution of Montana, Art. IX, 35 3 & 4.

=pf 7 Christy Fullen, 9205 Thorpe Road, Bozeman, MT 59718. The bases of her water rights are Certificate of Water Right Nos. 41H- 148658 and 4iH-210857. If the DNRC permits Utility Solutions to pump more water in this closed basin, it will result in a greater losing stretch of the stream and Ms. Fullen's property, water rights and interests in the DNRC fairly applying the laws of Montana will be adversely affected. Furthermore, Ms. Fullen has a constitutional right to a "clean and healthful environment," and to the DNRC following the laws established by the Legislature. Constitution of Montana, Art. IX, §§3&4*

These individuals have water rights and live in the Four Corners area that will be adversely impacted if the Department of Natural Resources and Conservation ("DNRC") grants the applications at issue in this appeal. These comments are based on the report and data collected by Steve Custer, PhD, entitled "Progress Report DNRC Renewable Resource Development Grant: Assessment of the Interaction Between Ground Water and the Gallatin River in the Four Corners Area." This report is attached to these objections as

&* Ehhibit A and is incorporated into our comments. - These applications constitute the fourth application by Utility Solutions for a groundwater well in a closed basin for water that is connected to the Gallatin River in an overwhelmingly losing reach of the river. The DNRC continues to process and grant these applications for - - -- - - - groundwater that the agency would not grant to any other entity than Utility Solutions. :Many after the Trout Unlimited decision. In fact, during the legislative process the DNRC stated several times that it could not grant groundwater applications after the Supreme Court decided Trout Unlimited. Yet, in this losing reach of the river, the DNRC continues to allow pumping of groundwater in this closed basin by a private entity t .a t does not qualify for the municipal use exception.

The only Court to rule on the issue stated, "[tlhe legislative history clearly indicates the purpose of the basin closure laws - to preserve existing water rights. As several witnesses testified before the legislative natural resources committees in 1993, the Upper Missouri River Basin was already over appropriated, and the purpose of the legislation was to protect existing irrigation and other consumptive water use." Lohmeier v. Montana DNRC, Cause No. ADV-2006-454 (Montana First Judicial District, March 2007). The DNRC continues to ignore the Legislature's intent to protect senior appropriators by processing and approving applications for groundwater in closed basins, to the continued detriment of senior appropriators who must participate in the public process.

My clients have objected to the Zoot Corporate Park/Galactic Park, Northstar, and Black Bull RunIMiddle Creek wells. Many of those arguments are also valid in this case and we incorporate those objections into these current objections by reference. Additionally, our objections are more specifically as follows:

A. The Oripinal Permit is Still Being: Litigated.

This application is to obtain a water user's permit to pump additional water from the Zoot and Northstar wells. These wells are still going through the public and legal hearing process. The DNRC should not consider an application for additional pumping until the original well application has been through the entire legal process and has been upheld legally. The total amount of water requested by the applications in flow rate and maximum volume is 2848 gpm and 964.44 af. This volume of water has not been correctly analyzed or assessed and grossly exceeds the volumes used in most of the modeling information that has been submitted.

-

B. This Well Will Adversely Im~act Mv Clients' Wells. Water Rights, Pro~ertv. Communitv. and Neighborhoods.

The applicant has not shown that it will not adversely impact my clients' water rights. The amount of water being applied for is very large and senior appropriators have a right to not be adversely impacted by new groundwater wells. Instead of providing data on the total volume to be withdrawn and its negative impact on senior appropriators, the applicant has applied for wells piecemeal. The DNRC should not allow the circumventing of legal requirements due to clever timing of applications. The applicant has known its water needs since the beginning of the application process. Yet the applicant did not submit one permit for the total volume of water, which so far has allowed the applicant to avoid scrutiny and analysis on the cumulative impact. Wells have reportedly gone dry in the area or have had to be drilled deeper. There is a factual question of whether this additional withdrawal of water is available without adversely impacting senior water rights holders.

C. The A~dicant Relies U ~ o n Modeling that has been Proven Inaccurate Based on Actual Data.

The applicant has provided a plethora of modeling information that never was accurate and now is irrelevant because actual data has been collected by an independent source. Modeling that utilizes outdated or theoretical data is only necessary when there is no current data or information available. Once data is collected the model becomes irrelevant if the model does not reflect or did not predict the actual real-world data. The fact that Steve Custer, PhD, has provided an assessment based upon measurements, and the applicant's model does not relate to this actual measurement, proves that the applicant's model is and has been inadequate.

The Ninth Circuit Court of Appeals chastised the Forest Service when the agency relied upon models without determining the reliability of the methodology. The Court stated, "although this court is required to defer to agency expertise, the agency is not permitted to adopt and rely upon a methodology without reasonably verifying its reliability." Ecoloy Center Inc.. v. Austin, 430 F.3d 1057,1069 (9th Cir. 2005). Similar to the Court's ruling in this case, the DNRC now has access to real world data, and therefore cannot rely upon a methodology or model that does not conform to the actual data.

D. The A ~ ~ l i c a n t Seeks an Illegal Exce~tion to the Basin Closure Laws.

The applicant has asked the DNRC to grant an exception to the basin closure laws because the applicant states the water is for "municipal use." The Basin Closure laws provide that certain basins, including the Upper Missouri River Basin, are closed to new appropriations of water. There are limited exceptions to the closure. One of those exceptions is for "municipal use." Mont. Code Ann. 5 85-2-343(2)(c). In this application, Utility Solutions argues that it should be awarded the municipal exception. However, the Courts have rejected this theory. Lohmeier v. Montana DNRC, Cause No. ADV-2006-454 (Montana First Judicial District, March 2007). Rather than following the Legislature's intent and the Court's interpretation of that intent, the DNRC has chosen to go out of its way to assist this applicant in developing water outside of the law.

Ei The Well Would P u m ~ Water that is Connected to the Gallatin River.

Because Utility Solutions does not qualify for the municipal exception, it .must prove that the groundwater is not connected to surface water. Based on data collected and scientifically analyzed, the well involved in this application is connected to the Gallatin River. In fact, the DNRC's hydrologist stated a reduction of stream flows will occur every month of the year. Based on the Montana Supreme Court's decision in the Trout Unlimited case, the DNRC has no legal authority to process applications to develop groundwater that is connected to surface water, let alone grant permits for such use. Montana Trout Unlimited v.' Montana De~artment of Natural Resources, 331 Mont. 483; 133 P.3d 224 (2006). The Court found that the DNRC cannot legally process new applications for groundwater in closed basins when that groundwater is "immediately or directly connected to surface flows. Id. at 331 Mont. 495; 133 P.3d 234. In this case, even though there has been a determination that the groundwater is immediately or directly connected to surface flows, the DNRC is illegally processing this application and has illegally granted other applications for groundwater. Furthermore, the applicant has not provided analysis for all of the potentially affected reaches of the Gallatin River or more distant streams, which also makes the application deficient.

F. The Amlicant Seeks to Ille~rallv Augment.

The applicant seeks permission to be allowed to augment for the stream depletion caused by its water use. Augmentation is not allowed in this basin. This is another illegal allowance by DNRC for the special needs of this applicant. Furthermore, the fact that the applicant seeks to augment for its stream depletion and adverse impact indicates that the water use is illegal. It is an admission that the well will negatively and illegally impact surface water in a closed basin. It is an admission that the well will negatively and illegally impact senior water rights holders in a closed basin. The law does not allow the DNRC to process this application or to grant a permit, even if the applicant wants to augment. Until the passage of HB 831, which does not apply to this permit, augmentation is illegal. Aso, the amount that the applicant has determined it

needs to augment is based on its inaccurate models, which invalidates the augmentation plan even if there were laws allowing augmentation in this basin.

There is inadequate data to show there is no impact to water quality on either surface water or the alluvial aquifer within the vicinity of the wells when the consumed tertiary water and the wastewater is released into the ground. Injection of two poorer qualities of water (up to i,ooo,ooo gpd at build out) will have an effect on nearby domestic water users. The applicant has never shown that rapid infiltration of wastewater will not harm wells in the vicinity of the area of influence of the infiltration basin. Utility Solutions' permits to discharge waters are currently being reviewed under the renewal process and the applicant's compliance with water quality laws is still undetermined.

H. The Well Would Add to the Cumulative Negative Imnact of the Multi~le Wells being Develoned bv the A ~ ~ l i c a n t in this Area.

The applicant has not provided an adequate cumulative impact analysis on the multiple wells and large volumes of groundwater that it seeks to develop in this area. The law does not allow a developer to skirt around legal requirements by sending in multiple applications to avoid analysis on the overall impact of the development on water rights, water quality and the environment. The DNRC should not allow any further development of groundwater until the applicant provides additional information simulating the impact of all their permits and pending applications. This modeling must also comply with real world information that has been provided by Steve Custer, PhD's report.

I. The A~nlicant Seeks to Unmade Existing Water Rights.

In its application for change, the applicant seeks to have its existing water right upgraded to allow use that is not allowed by the underlying water right. If this were allowed to occur in this process, it could be called "water laundering." The water right to be transferred is out of priority after two months of usage; however, the applicant seeks to have the water right converted into one of year-round usage. Additionally, the water right has been used for multiple types of crops, yet the applicant seeks to have the water right measured by the highest consumptive crop. The water right has not been applied to a consumptive beneficial use for many years. If the DNRC grants the application as outlined by the applicant, the underlying water right will have been laundered and upgraded to a water right that has much more value than currently exists. Clearly, the law does not allow the DNRC to upgrade a water right to a greater consumptive value in the transfer process than exists in the underlying water right.

J. The Legal Parameters of the Water Right to be Chan~ed Must be Determined bv the Montana Water Court.

The Montana Water Court has sole jurisdiction to determine the legal parameters of a water right, or in other words, the place and volume of use, the historic use, and whether the water right has been abandoned. Mildenberaer v. Balbrath, 249 Mont. 161, 815 P.2d 130 (1991); Baker Ditch Co. v. District CouG, 251 Mont. 251, 824 P.nd 260 (1992); State ex. rel. Jones v. District Court, 283 Mont. 1, 938 P.nd 1312 (1997); In re Petition of Deadman's Basin Water Users Association, 308 Mont. 168, 40 P.3d 387 (2002). The DNRC should not process this change of use application unless the Water Court determines the underlying water rights. Pursuant to Mont. Code Ann. 5 85-2- 309, the objectors request that this issue be certified to the Water Court.

K. The A ~ ~ l i c a n t Failed to Com~ly with the DNRC's Aauifer Testing Reauirements.

The DNRC rules require that the applicant conduct well tests and provide the results of these tests with. their application. In this application, the applicant neglected to provide data and detailed analysis. Also, the applicant did not use observation wells for the thirdtest on the production well PSW-3. Therefore, the application is lacking in reference to dates, titles, and detailed analysis, which means the applicant has not met the regulatory requirements. The DNRC should determine that this application is not correct and complete.

L. The A~wlicant Failed to Adeauatelp Address the Criteria Reauired by Mont. Code Ann. ti 85-2-211.

Based on the above-stated deficiencies in the application and issues raised in previous objections, the applicant has not met the criteria listed under Mont. Code Ann. 5 85-2-311.

M. The Environmental Assessment Was Insufficient.

Pursuant to Montana law, the DNRC was required to prepare an Environmental Assessment ("EA"). This assessment is legally deficient because. it fails to adequately consider the impacts on endangered or threatened species, wetlands, historical and archeological sites, and the demands on environmental resources. The assessment also fails to adequately consider the cultural and historical significance of agriculture and the negative impact these applications will have on that culture.

N. The Water will be Used Over a Mile From Where it is Pum~ed.

The applicant proposes to pump water for use at a location more than a mile from its source. Water will not be returned close enough to the source point, therefore adversely affecting existing water rights users close to the source of the wells. Additionally, the water will not return to the Gallatin River within proximity to the

location from where it was extracted, possibly affecting existing older water rights users and in-stream flows of the Gallatin River. The applicant must present data that can be reviewed by DNRC and any objectors and/or their hydrologists.

Thank you for this opportunity to provide comments and object to these applications that would allow use of groundwater in a closed basin to the adverse impact against my clients' property, water rights, constitutional rights, and other interests.

Sincerely, #

Hertha L. Lund ;li/.-.l4

Progress Report DNRC Renewable Resource

Development Grant

Assessment of the Interaction Between Ground Water and the

Gallatin River in the Four Corners

Steve. Custer Mark Schaffer -

31 May 2007 $+ Earth Sciences, Montana State University, Bozernan, MT 597 17-3480

406 994 6906 [email protected]

Proiect WDP. The proposed project is for data collection, monitoring, and conceptual interpretations to help better understand the relationship between ground-water and the Gallatin in the Four Comers area.

Pro~osed Action. Collect data to determine the relationship between the ground-water system and the West Gallatin River and imgation ditches. . . . .

Exhibit A

1. NAME OF OBJECTOR 1 I

ti' 'f

w. state Mn Zip 5 4 7 9 Home Phone (L(eb)~ab' r~* Other Phone

2. APPLICATION BEING OBJECTED TO: Number

Applicant Name:

n-u-

JUN 1 5 2007

DNRC - BOZEMAN REGIONAL OFFICE

. FOR DEPARTMENT USE ONLY - Pocrtmarkd Data oat,, ~=,,l,,,,,j

MA----- - 6- - j .s- - 0-/

Rac'd By cLI"-fl FwRac'd 2c 5-6 3s" Ch-No. 219'7 Refund

,~",7~~cij3 7 3 ~ X

Form No. al l RYO7

3. ST ATE THE FACTUAL BASIS OF YOUR OBJECTION a) OBJECTION TO PERMIT APPLICATION must provide facts tending to show one or more of the criteria in Section 85-2-31 1,

MCA are not met.

b) OBJECTION TO CHANGE APPLICATION must provide facts tending to show one or more of the criteria in Section 85-2-402, MCA are not met.

OBJECTION TO APPLICATION INSTRUCTION3

Use this form when objecting to an application for a water use permit, change authorization or reservation of water. use one form for each

NOTE: Water quality objections must contain substantial credible information establishing to the satisfaction of the department

&d Change

,ll:Li81K O w Reviewed by:

Date:

MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION 1424 STHAVENUE, P.O. BOX201601 HELENA, MT59620-1601 444-6610

web site: http://www.dnrc.mt.gov/wrd

application. --- - -- .- -- . . . _ _ _ . A person has standing to file an objection if his or her property, water rights, or interests would be adversely affected by the proposed appropriation. Individual water right owners must flle separate objections.

A CORRECT AND COMPLETE OBJECTION FORM MUST BE RECEIVED OR POSTMARKED ON OR BEFORE THE DEADLINE SPECIFIED IN THE PUBLIC NOTICE.

FILING FEE: $25.00

4. STATE THE BASIS OF YOUR WATER RIGHT, if you are claiming your water right will be affected. 1 41 H 33131 mi41 ! - k ~ 3 % m 1 @(w) Statement of Claim No. m!

I a (P) Permit to Appropriate Water No. l a (C) Certificate of Water Right No.

a (D) Final Decree No.

a (M/R) Reservat~on of Water No. - - - a(E) --- --Exempt Existing-Water Right (no claim-filed; complete-1temsbe1aw)--- *. . - - - L. 7

- - 1 P Date of nrst Use:

Name of Appropriator: j lNFoRMATloN Type of Use: Stock a Domestic f

ONLY REQUIRED Amomt used: Gallons Per Minute; : "

EXEMPT RIGHTS.

OR AUTHORIZATION TO CHANGE.

7. PERSON PREPARING THIS FORM, if differentfromobjector

Name W* b ' L & Mailing Address

City, State, Zip

Phone

8. OBJECTOR'S SIGN DATE Z.LWL 14, at-?

WATER RESOURCES REGIONAL OFFICES Bllllng8

Airport Business Park 1371 Rimtop Drive Billings, MT 59105-1978 Phone: 406-247-441 5 Fax: 406-247-44 16 Sewing: Big Horn, Carbon, Carter, Custer. Fallon, Powder River, Prairie, Rosebud. Stillwater. Sweet Grass. Treasure, and Yellowstone Counties

Bozernan 2273 Boot Hill Court, Suite 110 Bozeman. MT 59715 Phone: 406-586.31 36 Fax: 406-587-9726 Sewing: Gallatin, Madison, and Park Counties

Glasgow 222 6th Street South P.O. Box 1269 Glasgow, MT 59230.1269 Phone: 406-228-2561 Fax: 406-228-8706 Serving: Daniels, Dawson, Garfield, McCone, Ph~llips, Richland. Roosevelt Sheridan. Valley. and Wibaux Counties

Havm 210 6th Avenue P.O. Box 1828 Havre. MT 59501-1828 Phone: 406-265-551 6 Fax: 406-265-2225 Serving: Blaine, Chouteau. Glacier, Hill, Libetty, Pondera. Teton, and Toole Counties

Helena 1424 9th Avenue P.0. BOX 201601 Helena. MT596.20-1601 Phone: 406-444-6999 Fax: 406-444-931 7 Sewing: Beaverhead, Broadwater, Deer Lodge, Jefferson, Lewis and Clark, Powell, and Silver Bow Counties

Kallspell 109 Cooperative Way. Suite 110 Kalispell. MT 59901-2387 Phone: 406-752-2288 Fax: 406-752-2843 Serving: Flathead. Lake, Lincoln, and Sanders Counties

Lewi8town 613 NE Main Street, Suite E Lewistown, MT 59457-2020 Phone: 406-538-7459 Fax: 406-538-7089 Sewing: Cascade, Fergus, Golden Valley Judith Basin, Meagher. Musselshell. Petroleum, and Wheatland Counties

Mlsroub 1610 South 3rd Street West, Suite 103 P.O. Box 5004 Missoula, MT59806-5004 Phone: 406-721 -4284 Fax: 406-542.1496 Sewing: Granite. Mineral, Missoula, and Ravalli Counties

For Mailing, Use Post Office Box Number.

OBJECTION TO APPLICATION INSTRUCTIONS

1. NAME OF OBJECTOR

2. APPLICATION BEING OBJECTED TO: Number

3. STATE THE FACTUAL BASIS OF YOUR OBJECTION a) OBJECTION TO PERMIT APPLICATION must provide facts tendlng to show one or more of the criteria in Section 85-2-311,

MCA are not met.


NOTE: Water quality objections must contain substantial credible information establishing to the satisfaction of the department that the water quality criteria cannot be met by the applicant.

SQe c-- u \5;= 0b5e-b k@&h

.r

rn

4. STATE THE BASIS OF YOUR WATER RIGHT, i f you are claiming your water right will be affected.

a (W) Statement of Claim No.

a (P) Permit to Appropriate Water No.

a (C) Certificate of Water Right No.


_. (.WE?) fleaenlation of Water No. .. . . . -. ---

a (E) Exempt Existing ~ a t e r h l ~ h t (no claim filed; complete items below)

EXEMPT RIGHTS, , OR AUTHORIZATION TO CHANGE.

7. PERSON PREPARING THIS FORM, if dlerentfromoblrcior

Nan**--

Maillng Address

Phone

8. OBJECTOR'S S~~NATUAE DATE C//6/w

WATER RESOURCES REGIONAL OFFICES Bllllnge Hevm bwlmown

Airport Buslness Park 210 6th Avenua 613 NE Maln Street, Sulte E 1371 Rimtop Drive P.O. Box 1828 Lewlstown, MT 59457-2020 Bllllnge. MT 59105-1978 Havra, MT 59501-1028 Phone: 406-538-7459 Phone: 408-247-4415 Phone: 408-285-5516 Fax: 408-538-7088 Fax: 408-247-4416 F u : 406-285-2225 Sewlng: Cascade. Fergus. Golden Valley Serving: B b Horn, Carbon, Carter, Custer, Ssrvlng: Blaine. Chouhau. Glacler, Hill. Judith Basin, Meagher, Musselshell, Fallon, Powder River. Pralrle, Rosebud. Stillwater, Liberty, Pondera. Teton, and Toole Countles Petroleum, and Wheatland Countles Sweet Grass, Treasure, and Yellowstone Counties

B m m m Holene Mleroulr 2273 Boot Hill Court. Suite 110 1424 9th Avenue 1810 South 3rd Street West, Sulte 103 Bozeman. MT 59715 P.O. Box 201601 P.O. Box 5004 Phone: 408-586-3138 Helena, MT 59620-1 601 Mlssoula. MT59808-5004 Fax: 406-587-9726 Phone: 408-444-6999 Phone: 408-721-4284 Serving: Gallaln, Madison, and Park Counties Fax: 406-44d-9317 Fax: 408-542.1 498

Servlng: Beaverhead, Broadwater. Deer Lodge, Sewing: Granite, Mlneral, Mlssoula, and Glaqow Jefferson, Lewis and Clark, Powell. and Ravalll Counties

222 6th Street South Silver Bow Counties P.O. Box 1269 Glasgow. MT 59230-1269 Kallspell Phone: 408-228-2561 109Cooperative Way, Suite 110 Fax: 408-228-8708 Kallspell. MT 59901-2307 Servlng: Oaniels. Dawson, Garfield, McCone, Phone: 408-752-2288 Phillips, Richland. Roosevelt, Sheridan, Valley, Fax: 406-752-2843 and WibauxCounties Sewing: Flathead, Lake, Lincoln, and For Mailing, Us8 Post Office BOX Number.

Sanders Counties

-- --

FILING FEE: $25.00

Hu\L3m RA W.

3. STATE THE FACTUAL BASIS OF YOUR OBJECTION a) OBJECTION TO PERMIT APPLICATION must provide facts tending to show one or more of the criterla in Sectlon 85-2-31 1,

MCA are not met.

b) OBJECTION TO CHANGE APPLiCATlON must provide facts tending to show one or more of the criterla in Section 85-2-402, MCA are not met.


1424 9TH AVENUE, P.O.

JUN 1 5 2007

DNRC - BOZEMAN REGIONAL 0FFlCE 1

FORDEPARTMENTUSEONLY

Form No. 81 1 RY07

Change OBJECTION TO APPLICATION

INSTRUCTIONS L h Use this form when objecting to an application for a water use permit, change authorization or reservation of water. Use one form for each

Revlawed by'

&/ f l Z application.

. 4. STATE THE BASIS OF YOUR WATER RIGHT, if you are claiming your water right will be affected.

%bSS: Y\ t tZ \nSs f - a (W) Statement of Claim No. 4\ H \ L\ a (P) Permit to Appropriate Water No.

a (C) Certificate of Water Right No. 4 1 k q4 503 a (0) Final Decree No.

(MIA) Reservation of Water No.

TJJ~SU nufi w ~ o s a ~ + u w r d ~ ~ ~ t f i n ~ \ r \ ~ ~ ~ w ~ W 5. STATE ANY C NDlTlONS MODIFICATIONS UNDER WHICH YO WOULD AGREE TO THE ISSUANCE OFT E PERMIT


6. ARE YOU REPRE NO 7. PERSON PREPARING THIS FORM, If different frornobjector

Name

Mailing Address

8. OBJECTOR'S SIGNATURE DATE 6 -15'- 67

WATER RESOURCES REGIONAL OFFICES Bllllngr H r v n Lewlmtown

Airport Buslnraa Park 210 6th Avenue 813 NE Main Street, Suite E 1371 Rlrntop Drive P.O. Box 1828 Lewlstown. MT 59457-2020 Billings, MT 59105-1 978 Havre, MT 59501-1828 Phone: 406-538-7458 Phone: 408-247.44 15 Phone: 408-265-5518 Fax: 408-538-7088 Fax: 408-247-4416 Fax: 408-285-2225 Sewing: Cascade, Fergus, Golden Valley Sewlng: BIg Horn, Carbon, Carter, Custer, Serving: Blalne. Chouteau, Glacier, Hill, Judith Barln, Mragher. Mueselskll. Fallon. Powder River. Pralrlr, Rosebud, Stillwater, Libelty, Pondera. Teton, and Toole Counties Petroleum, and Wheatland Countles Sweet Grass, Treasure, and Yellowstone Countles

BOZOmcN1 m b n r Mluouls 2273 Boot Hlll Court, Suite 110 1424 9th Avenue 1810 South 3rd Street West, Suite 103 Bozeman, MT59715 P.O. Box 201601 P.O. Box 5004 Phone: 408-588-31 38 Helena. MT 59620-1 801 Mlssoula, MT 54808.5004 Fax: 406-587-9728 Phone: 408-444-6999 Phone: 406-72 1-4284 Sewlng: Gallatln. Madison, and Park Counttes F a : 408-444-9317 Fax: 408-542-1498

Serving: Beaverhead. Broadwater. Deer Lodge, Sewing: Granite, Mineral, Mlssoula, and G l rqow Jefferson, Lewis and Clark, Powell, and Ravalll Counties

222 6th Street South Silver Bow Counties P.O. Box 1269 Glasgow, MT 59230-1289 Kallsprll Phone: 406-228-256 1 109 Cooperative Way, Suite 110 Fax: 408-228-8708 Kallspall. MT 59901.2387 Serving: Daniels. Dawson, Garfield, McCone, Phone: 406-752-2268 Phillips, Richland. Roosevelt, Sheridan, Valley. Fax: 008-752-2043 and Wibaux Counties Sewing: Flathead. Lake, Lincoln, and For Mailing, Use Post Office BOX Number.

Sanders Counties

A person has standing to file an objection if his or her property, water rights, or interests would be adversely affected by the proposed appropriation. Individual water right owners must file separate objections.


--

L

FILING FEE: $25.00

Podmarkad Data N f l Data Rmlved ,g' - 1-5- - 0 -7 Rec'd 8y Q R f l Fee Rac'd 3 -5-J ' F 3.5'" chock NO. a J 7 7

RtCEnckU

JUN 1 5 2007


FOR- DEPART MENFUSE 8 N L - G - - -

Form No. Of 1 R5107


Use this form when objecting to an application for a water use permit, change authorization or reservation of water. Use one form for each

I 1. NAME OF OBJECTOR \\oem-& OQ Mailing Address

2. APPLICATION BEING OBJECTED TO: Number ' \

Applicant Name: Lh .hN r

& i d Change

gIdh y& Revlewad by: Date: ?)%#if/

I I s t a t e 'WT ZIP 33\8

Home Phone Other Phone

3. STATE THE FACTUAL BASIS OF YOUR OBJECTION a) OBJECTION TO PERMIT APPLICATION must provide facts tending to show one or more of the criteria In Section 85-2-31 1,

MCA are not met.

- application. I

. .

I


NOTE: Water quality objections must contain substantial credible information establishing to the satisfaction of the department et by the applicant.

\ u K c w \ I - \

MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION f424 STHAVENUE, P.O. BOX201601 HELENA, MT59820-1601 444-6610


- -- - - -- - -

STATE THE BASIS OF YOUR WATER RIGHT, i f you are c la im ing your water right will be affected.

Statement of Claim No.

Permit to Approprlate Water No.

Certificate of Water Right No. g! fiq (02 D o a (D) Final Decree No.

- - Q R e s e n / a t i o n o f W a t e r - - --- ---

a (E) Exempt - THIS

INFORMATION ONLY REQUIRED

FOR EXEMPT RIGHTS.

1_1_1_)

Existlng Water Right (no claim filed; complete items below)


6. ARE YOU REPRESENTED BY COUNSEL? YES^ NO 7. PERSON PREPARING THIS FORM, if different fromoblector

Name

Ma~llng Addresr

City, Slate, Zlp

% Phone

8. OBJECTOR'S SIGNATURE DATE

WATER RESOURCE y REGIONAL OFFICES BllllngI

Alrport Bualnear Park 1371 Rlmtop Drlve Billings, MT 59105-1978 Phone: 406-247.44 15 Fax: 406-247441 6 Sewing: Big Hom, Carbon, Carter. Custer, Fallon. Powder Rlver, Prairie, Roeebud, Stillwater, Sweet Grasr, Treasure, and Yellowstone Counties

Bozoman 2273 Boot Hlll Court, Sulte 110 Boteman, MT59715 Phone: 408-586.31 38 Far 406-567-9726 Serving: Gailatln, Madlaon, and Park Counties

Glrsgwv 222 6th Strwt South P.O. Box 1269 Glasgow, MT 5923G1269 Phone: 406-226-2561 Fax: 406-228-8708 Sewing: Daniels. Dawson, Garfield. McCone, Phillips, Richland, Roosevelt, Sheridan. Valley, and WibauxCounties

Hrvm 2 10 8th Avenue P.O. Box 1828 Havre, MT 59501-1828 Phone: 406-265.5516 Fax: 408-285-2225 Serving: Blalne. Chouteau, Glacler. Hill, Liberly, Pondera, Teton, and Toole Countles

Helen8 1424 9th Avenue P.O. BOX 201601 Helena, MT 5962G1W1 Phone: 408-444-8999 Fax: 406-444-931 7 Servlng: Beaverhead. Broadwater. Deer Lodpe, Jefferson, Lewis and Clark, Powell, and Siker Bow Counties

Kallspell 109 Cooperative Way, Suite 11 0 Kallspell. MT 59901 -2367 Phone: 408-752-2288 Fax: 406-752-2843 Serving: Flathead, Lake. Lincoln. and Sanders CounNes

Lewmown 813 NE Maln Strwt. Suite E Lewlstown, MT 59457-2020 Phone: 408-536-7459 Fax: 406-538-7089 Servlng: Caeca&. Fergus, Golden Valley Judith Baain. Meaghsr. Musselshell. Petroleum, and Wheatland Countiee

Mlswuh 1610 South 3rd Street Wed, Suite 103 P.O. Box 5004 Mlssoula. MT 59806-5004 Phone: 408-721-4284 Fax: 406-542-1 496 Sewlng: Granite, Mineral, Mlssoula, and Ravalll Counties

For Mailing, Use Post Office Box Number.



1. NAME OF OBJECTOR

3. STATE THE FACTUAL BASIS OFYOUR OBJECTION a) OBJECTION TO PERMIT APPLICATION must provide facts tending to show one or more of the criteria in Section 85-2-31 1,

MCA are not met.


7424 9TH AVENUE, P.

r

4. STATE THE BASIS OF YOUR WATER RIGHT, i f you are claiming your water right will be affected.

a (w) statement of claim NO. 4 I it 13477 500 1 4 I H 139 3 3 W a (P) Permit to Approprlate Water No.

a (C) Certificate of Water Right No.


.. .- p ($R) Reservation of Water No. -.. . - ---a(€) - - - - - Exernpt~Existing-WaterRight-(no claim filed; complete items below) . - - - - - -- - - - - - - - - - - - - . - - - -- .

EXEMPT RIGHTS. ; , ORAUTHORIZATION TO CHANGE.

- -

8. ARE YOU REPRESENTED BY COUNSEL? YES NO 7. PERSON PREPARINGTHIS FORM,if differmtfrornob)ector

8. OBJECTOR'S SIGNATURE

WATER RESOURCES REGIONAL OFFICES Bllllngs H r v n Lrvrl8town

Alrport Business Park 210 8th Avenue 813 NE Maln Street, Suite E 1371 Rlrntop Drlve P.O. Box 1828 Lewlstown. MT 59457-2020 Billings. MT 59105-1978 Havre, MT 59501-1828 Phone: 408-538-7459 Phone: 408-247-4415 Phone: 408-285-5518 Fax: 408-538-7089 Fax: 408-247-441 8 Fax: 408-285-2225 Se~lng: Cascade. Fergus, Golden Valley Sewing: Blg Horn, Carbon, Carter, Custer, Sewing: Blalne, Chouteau, Glacier, Hill. Judith Basin. Meagher, Musselshell. Fallon. Powder River, Prairie. Rosebud. Stillwater. Libelty, Pondera, Teton, and Toole Countles Petroleum, and Wheatland Counties Sweet Qrass, Treasure, and Yellowstone Counties

Bornman Helena Mluoulr 2273 Boot Hlll Court. Suite 110 1424 9th Avenue 1810 South 3rd Street West, Sulte 103 Bozeman. MT 59715 P.O. Box 201801 P.O. Box 5004 Phone: 408-588-3 138 Helena, MT 596201601 Mlssoula. MT 59808-5004 Fax: 408-587-9728 Phone: 408.444-8999 Phone: 408.72 1-4284 Sewing: Gallatin, Madison, and Park Counties Fax: 408-444-9317 Fax: 408-542-1498

Se~lnp: Beaverhead, Broadwater, Deer Lodge, Se~lng: Granite, Mlneral, Mlssoula, and GIasgow Jefferson, Lewls and Clark, Powell, and Ravalll Countles

222 6th Street South Siker Bow Countles P.O. Box 1289 Glasgow, MT 59230-1269 Kallspell Phone: 408-228-2581 109 Cooperative Way, Suite 110 Fax: 408-228-8708 Kallspell, MT 59901-2387 Sewing: Daniels, Dawson. Garfield. McCone, Phone: 406-752-2288 Phillips, Richland, Roosevelt, Sheridan, Valley, Fax: 408-752-2843 and Wibaux Counties S e ~ i n g Flathead, Lake, Lincoln. and For Mailing, Use Post Office BOX Number.

Sanders Counties

- ?% Form NO. 61 1 RY07 A RECEIVED

Change

INSTRUCTIONS JUN 1 5 2007 Use this form when objecting to an application tor a water use permit, change authorization or DNRC - BOZEMAN reservation of water. Use one form for each application. FOR DEPARTMENT REGIONAL USE OFFICE ONLY


A CORRECT AND COMPLETE OBJECTION FORM MUST BE RECEIVED OR POSTMARKED ON OR BEFORE THE DEADLINE SPECIFIED IN THE PUBLIC

u Mailing Address

State WT zip 59318 ~ o m e Phone (L\B(~\ 3me3422 Other Phone

postrnarlted Dab Data ~,,~l,,,,,j

&'A - 6 - I S - 0 7

Rm'd By ~ 2 m FeeRm'd .Y 2.5 OF -250 CheckNo. 21 Yf7

NOTICE. FILING FEE: $25.00

2. APPLICATION

Applicant Name:

Refund

/7"3/d173 -72

3. STATE THE FACTUAL BASIS OF YOUR OBJECTION a) OBJECTION TO PERMIT APPLICATION must provide facts tending to show one or more of the criteria in Section 85-2-31 1,

MCA are not met.


NOTE: Water quality objections must contain substantial credible information establishing to the satisfaction of the department that the water criteria cannot be met by the applicant.

PO %p& 3ua ~S,?JX~T hble L- * \c&~MW. \ \

MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION 1424 9TH AVENUE, P.O. BOX 201601 HELENA, MT59620-1601 444-6610


r. 4. STATE THE BASIS OFYOUR WATER RIGHT, if you are claiming your water right will be affected.

@ (W) Statement of Claim No. 7 ! tf \qg(b (P) Permit to Appropriate Water No.

(C) Certificate of Water Right No,

O (0) Final Decree No.

O (MIR) Reservation of Water No.

(E) Exempt Existing Water Right (no claim filed; complete items below). - - - - - --- - . . .- - .--__

T b c l p l m Y & ~ o s ( h 5. STATE ANY CO DlTlONS 0 ODIFICATIONS UNDER WHICH YOU WOULD AGREE TO THE ISSUANCE OF THE PERMIT


NO P 7. PERSON PREPARINQ THIS FORM, if different trorn objector

Name

Mailing Addre=

Clty, State, Zlp

Phone

8. OBJECTOR'S SIGNATURE hb) , 6- && DATE & ' ~q.07

Y - WATER RESOURCES REGIONAL OFFICES

Bllllngr t i r vm ~ewlstown Airport Business Park 210 6th Avenue 613 NE Maln Street, Suite E 1371 Rlmtop Drive P.O. Box 1828 Lewietown, MT 59457.2020 Billings, MT 59105-1 978 Havre. MT 59501-1 828 Phone: 406-538-7459 Phone: 406-247-4415 Phone: 406-265-5516 Fax: 406-538-7089 Fax: 406-247-4416 Fax: 406-265-2225 Sewing: Cascade, Fergus, Golden Valley Sewing: Big Horn, Carbon. Carter, Custer, Sewing: Blaine, Chouteau. Glacier, Hill, Judith Basin, Meagher. Musselshell. Falion. Powder River, Prairie, Rosebud, Stillwater, Liberty. Pondera, Teton, and Toole Countles Petroleum, and Wheatand Counties Sweet Grass, Treesun, and Yellowstone Counties

Bommm Hebna MIrroub 2273 Boot Hill Court, Suite 110 1424 9th Avenue 1610 South 3rd Street West, Suite 103 Bozernan, MT 5971 5 P.O. Box 201601 P.O. Box 5004 Phone: 406-566-3136 Helena, MT 59620-1601 Missouia. MT 59806-5004 Fax: 406-587-9726 Phone: 406-444-6999 P h m : 408-721-4264 Sewing: Gallatln, Madlson, and Park Counlles Fax: 406-444-931 7 Fax: 408-542-1496

Sewing: Beaverhead, Broadwater, Deer Lodge, Sewing: Granite, Mineral. Mlssouia, and Glragow Jefferson, Lewls and Clark. Powell, and Ravalli Countles

222 8th Street South Silver Bow Counties PO. Box 1269 Giasgow, MT 59230.1269 Kallrpell Phone: 406-228-2561 109 Cooperative Way. Suite 110 Fax: 406-228-8706 Kallspell, MT 59901 -2387 Sewing: Daniels, Dawson. Garfield, McCone, Phone: 406-752-2266 Phillips, Richland. Roosevelt, Sheridan, Valley, Fax: 406-752.2843 and Wibaux Counties Sewing: Flathead. Lake. Lincoln, and For Mailing, Use Post Office BOX Number.

Sanders Counties

T

1. NAME OF OBJECTOR ~ U L ~ V J 1 I

.I& ;-7

Home Phone 34 -2559

. -

Mailing Address

city P W M state WT zip 33\6

2. APPLICATION BEING OBJECTED TO: umber q \ H W 7 61 44 Applicant Name:

RECEIVED

'JUN 1 5 2007


FOR DEPARTMENT USE ONLY . . ....

Postmarked Date DateReceived Rec'd By * FeeRec'd 2< * CheckNo. d r y 7 Refund

l ~ ~ J L f 5 y z;=~ ,,>

Form NO. 61 1 RSO7 n

I

3. STATE THE FACTUAL BASIS OF YOUR OBJECTION a) OBJECTION TO PERMIT APPLICATION must provide facts tending to show one or more of the criteria in Section 85-2-31 1,

MCA are not met.




b d . , Change ,,,, Y q m - &Valid

Reviewed by:

Date: &$,


application. - - --p--.----p.-.----.--- --- -



FILING FEE: $25.00

MONTANA DEPARTMEN ND CONSERVATION 1424 9TH AVENUE, P.O.

.

.

r I 4.

STATE THE BASIS OF YOUR WATER RIGHT, ~f you are cla~mlng your water right w~l l be affected.

I a (W) Statement of Clam No.

a (P) Perrn~t to Appropriate Water No. I a (C) Certificate of Water Right No. jJgb58 aros53- 1 a (D) Final Decree No.

a (MIR) Reservation of Water No.

w

a - ( ~ i ~ x e m p t €~ng~ater~igh+tnuc~mrfilsd;-mmplelrtems-below) - -. - .. - Date of First Use: THlS

i i

!

i Name of Appropriator: a

lNFoRMATloN Type of Uae: Stack Domestic a " *I ONLY REQUIRED Amount Used: Flow Rate Gallons Pw Mlnute; - ' Volumcl

FOR point of Diversion: ' .

EXEMPT RIGHTS. ' 1 1 4 1 1 4 1 1 4 Sectton ', f L v n PUS, Rge- W, -b Lot Block T r a c t No. ame

> ,. .. . 3 -* . . . . , -

5. STATE ANY CONDITIONS OR MODIFICATIONS UNDER WHICH YOU WOULD AGREETO THE ISSUANCE OFTHE PERMIT OR AUTHORIZATION TO CHANGE.

6. ARE YOU REPRE NO a 7. PERSON PREPARING THIS FORM, if dllferent from objector

Name

Malllng Address

Clty. State, zip

Phone

8. OBJECTOR'S SIGNATURE Q DATE l"h5 I&?, WATER RESOLIRCES REGIONAL OFFICES

Bllllnga Havre Lewlatown A~rport Bus~ness Park 210 6th Avenue 613 NE Ma~n Street, Suite E 1371 Rimtop Dr~ve P 0 Box 1828 Lewlstown, MT 59457-2020 B~ll~ngs. MT 591 05-1978 Havre, MT59501-1828 Phone. 408-538-7459 Phone 406-247-44 15 Phone. 406-265-5516 Fax. 406-538-7089 Fax. 406-247-4416 Fax: 406-265-2225 Serv~ng. Cascade, Fergus, Golden Valley Serving BIQ Horn, Carbon, Carter, Custer, Serv~ng Blame, Chouteau, Glaaer, HIII, Judith Bas~n, Meagher, Musselshell. Fallon. Powder Rlver, Pra~r~e, Rosebud, St~llwater, L~berty, Pondera, Teton, andToole Count~es Petroleum, and Wheatland Count~es Sweet Grass, Treasure, and Yellowstone Countles

Bozeman Helena Mlrroula 2273 Boot Hill Court. Sulte 110 1424 9th Avenue 1610 South 3rd Street West, Su~te 103 Bozeman. MT 59715 P O B0~201601 P 0 Box 5004 Phone 406-586-31 36 Helena, MT 59620-1601 Mlssoula, MT 59806.5004 Fax 406-587-9726 Phone. 406-444-6999 Phone 406-721-4284 Servfng. Gallat~n, Mad~son, and Park Count~es Fax: 406-444-9317 Fax 406-542-1496

Serving Beaverhead. Broadwater. Deer Lodge, Serv~ng Gran~te, M~neral, Mlssoula, and Glasgow Jefferson, Lewls and Clark. Powell, and Ravalll Count~es

222 6th Street South S~lver Bow Count~es P 0 BOX 1269 Glasgow, MT 59230-1269 Kallspell Phone 406-228-2561 109 Cooperat~ve Way, Su~te 110 Fax 406-228-8706 Kal~spell. MT 59901-2387 Serving Dan~els. Dawson. Garf~eld, McCone, Phone' 406-752-2288 Phllllps, R~chland, Roosevelt, Sher~dan. Valley, Fax 406-752-2843 and W~baux Counties Sen~ng. Flathead, Lake. L~ncoln, and For Mailing, Use Post Office BOX Number.

Sanders Count~es

-

p.o. - montana legislature€¦ · kay and bill ballenger, 8815 thorpe road, bozeman, mt 59718. the...

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