One Nation, Under God
One Nation, Under God
EDWARD A. AMESTOY.
Cole, Amestoy & O'Brien, PLLP
P.O. Box 1280
113 South 2nd treet West
Malta, Montana 59538
Phone: ( 406) 654-2541
Attorneys for Personal
Representative
MONTANA SEVENTEENTH JUDICIAL DISTRICT COURT, COUNTY OF PHILLIPS
IN THE MATTER OF THE ESTATE OF LARRY G. WESTON, DECEASED.
Probate No. DP-14-21
NOTICE T0 CREDlTORS
NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above named estate. All persons having claims against the said deceased are required to present their claims within four months alter the date of the first publication of this Notice or said claims will be forever barred.
Claims must be mailed. retum receipt requested. to: Ester Kolczak. Personal Representative. c/o Cole. Amestoy & O'Brien. P.O. Box 128O. 113 South 2nd Street West. Malta. Montana 59538. or tiled with the Clerk ofthe above Coun.
DATED this 14th day of August. 2014.
Ester Kolczak,
Personal Representative
(Published by Phillips County News 8/27, 9/3, 9/10, 2014. L.)
MONTANA WATER COURT MISSOURI RIVER, BETWEEN BULLWHACKER CREEK & MUSSELSHELL RIVER (BASIN 40EJ)
NOTICE OF ENTRY OF PRELIMINARY DECREE AND NOTICE OF AVAILABILITY
ALL WATER USERS NEED TO READ THIS NOTICE
The Montana Water Court has entered its Preliminary Decree for the Missouri River, between
Bullwhacker Creek & Musselshell River (Basin 40EJ). This water rights Decree is now
available for your review.
WHAT IS THE PRELIMINARY DECREE?
The Preliminary Decree contains 2,676 abstracts of existing water right claims filed in the Missouri River, Between Bullwhacker Creek & Musselshell River (Basin 40EJ). The Decree includes all sources of water located within that drainage. The Findings of Fact and Conclusions of Law in the Index volume of the Decree explain how the Decree was prepared.
What you should do:
1. Review the abstract of your own water right claim or claims.
2. Review the abstracts of all other water rights that affect your water right.
3. Decide if these abstracts correctly identify pre-July 1973 water use.
4. Decide if you want to file objections.
5. File your objections with the Water Court on or before the filing deadline.
Your water right can be affected by what is in your abstract and other abstracts in the Decree. The Montana Department of Natural Resources and Conservation (DNRC) examined all the claims. Elements of your claim may have been changed because of information the DNRC obtained during examination. If your abstract shows changes, you can challenge the changes by filing an objection with the Water Court.
Look the abstracts over carefully. The Decree Indexes will help your review.
The Source Name Index lists all claims under the name of each source of supply (Cow Creek, for
example). Under each source name, the claims are listed from the earliest priority date to the latest
priority date.
The Priority Date Index lists all claims in Basin 40EJ beginning with the earliest date and continuing to the latest. You can find the rank of the priority date of all claims in the Decree in this index.
If there are issue remarks on the abstract of your claim which are not resolved by objection, those
remarks will be addressed and resolved by the Water Court pursuant to Section 85-2-248, Montana
Code Annotated. The Water Court will contact you about the issue remarks if no one objects to your
claim.
SHOULD YOU FILE AN OBJECTION?
Only you can answer this question. You should first examine the abstracts of your water rights. Is the abstract correct as of July 1, 1973? If you don't agree with the elements of your abstract as printed in the Decree, you may file an objection.
You need to know:
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;
3. Your water right may be subject to Indian and Federal reserved water rights;
4. A claim that no one objects to or does not contain issue remarks may remain unchanged and may be entered in the Final Decree as is; and
5. This Decree, as modified by objections and hearings, will be enforceable under Montana law (Sections 3-7-212 and 85-2-406, MCA).
If you believe your water right claims or someone else's water right claims in this Decree do not reflect their historical (before July 1, 1973) beneficial use, you can file an objection.
HOW TO FILE AN OBJECTION AND REQUEST A HEARING
Objections must be filed on the forms provided by the Water Court. These can be found at the offices listed below or on the Internet.
ALL OBJECTIONS MUST BE RECEIVED AT THE WATER COURT ON OR BEFORE OCTOBER 22, 2014. Objections may be mailed to the Montana Water Court, PO Box 1389, Bozeman, MT 59771-1389, but they still must be received by OCTOBER 22, 2014.
EXTENSIONS
The Water Judge may grant a Request for an Extension of time for filing objections. A Request for an Extension must be received by the Water Court on or before OCTOBER 22, 2014. Use the Water Court's form. If an extension is granted, it will apply to everyone. Any extension will be posted at the offices listed below and will be advertised once in the Lewistown News-Argus, Blaine County Journal and Phillips County News.
NOTICE OF AVAILABILITY
The Decree (including the Findings of Fact and Conclusions of Law and Decree Index) is available for
review and Water Court forms are available at these locations:
1. Montana Water Court, 601 Haggerty Lane, Bozeman, MT.
2. Montana DNRC, Water Rights Adjudication Office, 910 Helena Ave, Helena, MT.
3. Montana DNRC, Water Resources Regional Office(s): 210 Sixth Ave, Havre, MT. 613 NE Main, Suite E, Lewistown, MT.
4. Clerk of District Court(s): Fergus County - Lewistown, MT; Petroleum County - Winnett, MT; Phillips County - Malta, MT.
5. On the internet at http://www.dnrc.mt.gov/wrd/water_rts/adjudication Scroll down to Basin 40EJ and click on Missouri River, Between Bullwhacker Creek & Musselshell River. Click on the 40EJ Decree information that interests you.
You may obtain a copy of the Preliminary Decree from the Montana Department of Natural Resources and Conservation, Water Rights Bureau, P.O. Box 201601, Helena, MT, 59620-1601. The cost of the Decree, including the Index, Findings and Conclusions is $561.00. The Index by itself is $88.00. Electronic copies of the Decree, including the Index on CD are $10.00. You must mail your request along with a check to the above address.
AFTER OBJECTIONS ARE FILED
After the time for filing objections has passed, the Water Court will notify you by mail if someone objects to any of your claims. If someone objects to your water right claims, then you are entitled to file counterobjections to their claims. The Water Court will notify you of the time when counterobjections must be filed. The Water Court will set a date for all interested parties to notify the Water Court of their intent in participating in any hearings.
RIGHT TO APPEAL
If you do not participate in Water Court proceedings, your right to appeal an adverse decision is limited. Section 85-2-235, MCA, provides that (1) a person whose existing rights and priorities are finally determined may appeal that determination only if: (a) the person requested a hearing and appeared and entered objections to the Preliminary Decree, (b) the person's rights or priorities as determined in the Decree were affected as the result of an objection filed by another person, (c) the person requested a hearing and appeared before the Water Court to finally resolve an issue remark; or
(d) The person is a claimant appealing an adverse decision when the Water Court issued the decision as the result of an evidentiary hearing or as the result of calling the claim in on the Court's own motion. (2) If the Attorney General participated as an intervener as provided in section 85-2-248, MCA, the Attorney General may appeal a decision. (3) An interlocutory ruling by a water judge upon a question of law may be appealed by a party affected by the decision and who participated in the matter in which the ruling was issued.
Meetings with the Water Court
Informal public meeting(s) will be held by Bina Peters, Water Master, via telephone conference, Dial 877-526-1243, at prompt enter code: 46309676#.
1) Wednesday evening, September 10, 2014 at 8:00 pm.
2) Thursday evening, September 18, 2014 at 8:00 pm.
Is Your Mailing Address Correct or need to Update an Address
Please notify the Montana DNRC or update your address on the internet at http://www.dnrc.mt.gov/wrd, scroll down, click on Change Your Water Right Mailing Address and fill out the web form.
Any Questions?
Call the DNRC Lewistown office at 406-538-7459 or call the Water Court's toll free number at 1-800-624-3270 (In Montana). Our regular office number is 406-586-4364 and it is not toll free.
DATED this 25th day of April 2014.
/s/ Russ McElyea Chief Water Judge Montana Water Court
P. O. Box 1389 Bozeman, MT 59771-1389
Remember: All Objections must be received by the Water Court by OCTOBER 22, 2014.
(Published by Phillips County News 8/20, 8/27, 9/3, 2014. G.)
PETITION FOR AUTO GATE
At a regular meeting of the Board of County Commissioners, a petition signed by several residents and taxpayers of PHILLIPS COUNTY was presented to the Board requesting An AUTO GATE will be placed at the following location:
Township 25 North, Range 27 East P.M.M.
Located in the center os the south line of NW1/4NW1/4 Section 27
A by-pass gate must be provided for trailing cattle or moving machinery when necessary.
A hearing will be held on said petition on Tuesday September 2, 2014 at 2:00 p.m. in the Commissioners' Room at the Phillips County Courthouse, at which time anyone may appear either for or against the said petition.
Dated this 20th day of August 2014.
BOARD OF COUNTY COMMISSIONERS
Marian S Ereaux, CLERK
(Published by Phillips County News 8/20, 8/27, 2014. H.)
BID SOLICITATION
The Malta Public Schools, District 14A, PO Box 670, Malta, MT 59538 will receive bids for school bus transportation until 4:00 PM local time on the 2nd day of September, 2014 at the office of the Clerk, Malta Public School. Bids will be publicly opened, read aloud, and accepted for consideration at a Special School Board Meeting, scheduled for 7:00 PM September 2, 2014 at the Malta Middle/High School Teacher workroom located in Malta, MT. Bid documents may be obtained from the office of the Clerk, Malta Public Schools. Submit your offer on the Bid Form provided in the bid documents. Your offer will be required to be submitted under a condition of irrevocability for a period of 30 days after submission. Malta Public Schools reserves the right to accept or reject any or all offers.
(Published by Phillips County News August 13, 20, 27, 2014. E.)
BIG FLAT ELECTRIC COOPERATIVE ANNUAL MEMBERSHIP MEETING DATE SET FOR OCTOBER 11, 2014
Preliminary plans are being made for the Big Flat Electric Cooperative’s 68th Annual Membership Meeting. The date of the meeting will be Saturday, OCTOBER 11, 2014, AT THE MALTA HIGH SCHOOL IN MALTA, COUNTY OF PHILLIPS, AND STATE OF MONTANA.
In accordance with the by-laws, the Board of Directors appointed on July 17, 2014, and have notified the following list of members to serve on the Nomination Committee:
District #3
Bill Jesson
Pete Lumsden
Eric Ottinger
District #6
Bruce Christofferson
Greg Skiff
Warren Taylor
District #8
Francis Jacobs
Bill Mitchell
Spencer Simanton
The Nominating Committee’s delegation on nominations will meet on Thursday, September 4, 2014 at 6:00 p.m. at the Big Flat Electric Cooperative’s Headquarters Building at 333 South 7th Street East, Malta, Montana to nominate members for the election of directors for a three year term from District Three (3) – Loring / Whitewater Area; District Six (6) – Malta Area and District Number Eight (8) – Missouri River Area.
Members may be nominated for Directors by petition of any fifteen (15) or more members. Nominations made by petition, received at the Cooperative’s Office at least fifteen (15) days prior to the annual meeting, shall be included on the Official Ballot. Later nominations by petition shall be treated as nomination from the floor.
Dated this 17th day of July, 2014.
“Big Flat Electric is an Equal Opportunity Provider and Employer”
(Published by Phillips County News 8/20, 8/27, 2014. I.)
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