One Nation, Under God
One Nation, Under God
MONTANA WATER COURT
TURTLE MOUNTAIN BAND OF CHIPPEWA PRELIMINARY DECREE
NOTICE OF ENTRY OF THE TURTLE MOUNTAIN CHIPPEWA
PRELIMINARY DECREE AND NOTICE OF AVAILABILITY
The Montana Water Court has entered its Preliminary Decree for the Turtle Mountain Chippewa water right claims.
This Decree is now available for your review.
The Preliminary Decree for the Turtle Mountain Chippewa contains claims filed by the United States for reserved water rights on behalf of the Turtle Mountain Band of Chippewa (“the Tribe”). These claims are for actual and future use on allotment lands held in trust by the United States for members of the Tribe.
These claims have been filed and included in a decree pursuant to Sections 85-2-217 and 85-2-702(3), MCA, which provide for the filing of claims and issuance of a preliminary decree for reserved rights that have not been resolved by a compact.
WHAT IS THE PRELIMINARY DECREE?
The Preliminary Decree is entered by the Water Court in accordance with Section 85-2-231(2), MCA.
The Decree contains 843 water rights. The allotments are located in twelve different hydrologic basins in Montana. Combining these water rights into a single decree spanning multiple basins conserves public and private resources.
Notice of this Preliminary Decree is being provided by publication in newspapers and directly to individuals in sub-basins as determined by the Department of Natural Resources and Conservation pursuant to the affidavit of John Peterson, Adjudication Bureau Chief. A copy of the affidavit can be found on the internet at
http://www.dnrc.mt.gov/divisions/water/adjudication/turtlemountain.
You are receiving this Notice because the State’s water rights records indicate you have filed a statement of claim, applied for or received a permit to appropriate water, or own a water reservation in an area where a water right in the Decree is located. Those areas include water rights that fall within sub-basins designated by the DNRC. Pursuant to the affidavit of John Peterson, these sub-basins were created within the following water adjudication basins: 39E (Box Elder Creek), 40E (Missouri River, Between Musselshell River and Fort Peck Dam), 40EJ (Missouri River, Between Bullwhacker Creek and Musselshell Rivers), 40H (Big Sandy Creek), 40J (Milk River, Between Fresno Reservoir and Whitewater Creek), 40K (Whitewater Creek),
40L (Frenchman Creek), 40M (Beaver Creek, Tributary of Milk River), 40Q (Poplar River), 40R (Big Muddy Creek),
40S (Missouri River, Below Fort Peck Dam) and 41P (Marias River).
The purpose of entering the Preliminary Decree is to allow potentially affected parties to object to the rights described in the Decree. If the Court approves the water rights in the Decree, it will enter a Final Decree.
The Final Decree will be binding on all water users in Montana.
WHAT ARE YOUR RIGHTS AND OBLIGATIONS TO OBJECT TO WATER
RIGHTS IN THE DECREE?
Your interests may be affected by the Decree. If you do not agree with the water rights in the Decree, you may file an objection to those rights and request a hearing before the Montana Water Court.
This will be your only opportunity to object to the water rights in the Decree. If you do not file an objection at this time, you will not be able to object in any other proceedings before the Water Court and you will be bound
by any Final Decree when it is entered.
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 determined in a final decree may appeal the determination only if: (a) the person requested a hearing and appeared and entered objections to the temporary preliminary decree or the preliminary decree; (b) the person’s rights or priorities as determined in the temporary preliminary decree or the preliminary 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, as defined in 85-2-250; 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) The attorney general may appeal a determination made in a final decree if the attorney general participated as an intervenor as provided in 85-2-248.
(3) An interlocutory ruling by the water judge upon a question of law may be appealed by any party who is affected by the decision and who participated in the matter in which the ruling was issued.
WHAT YOU SHOULD DO
1. Review the abstracts in the Decree, as well as the Decree Indexes.
2. Decide if you want to file objections.
3. File your objections with the Water Court on or before the filing deadline identified below.
The Montana Department of Natural Resources and Conservation (DNRC) has not examined any of the claims in this
Decree and these water rights appear as they were filed. Review the abstracts carefully. The Decree Indexes will help your review.
The Source Name Index lists all claims under the name of each source of supply.
The Point of Diversion Index lists all claims by point of diversion.
The Water Right Number Index lists all claims by water right number.
SHOULD YOU FILE AN OBJECTION?
Only you can answer this question. To help you determine whether you should file an objection, you should examine the water rights in this Preliminary Decree and compare those rights with the claims that you have filed with the Water Court, the water right permits or certificates that you have received from the Montana Department of Natural Resources and Conservation, and possibly the other claims, permits, certificates, and reservations of water within the sub-basins where Turtle Mountain claims are located. All of the water right claims filed and all of the water right permits, certificates, or reservations of water that have been granted in the sub-basins are on record with the Montana Department of Natural Resources and Conservation. All documents can be reviewed during business hours at the following Montana Department of Natural Resources and Conservation, Water Resources Regional Offices:
1. Havre Office, 210 Sixth Ave., PO Box 1828, Havre, MT 59501
(406) 265-5516
2. Glasgow Office, 222 Sixth St. South, PO Box 1269, Glasgow, MT 59230
(406) 228-2561
3. Billings Office, 1371 Rimtop Drive, Billings, MT 59105
(406) 247-4415
The Turtle Mountain Chippewa Preliminary Decree, the affidavit of John Peterson, and this Notice can be reviewed during business hours at the Montana Water Court, 1123 Research Drive, Bozeman, MT 59718, 1-800-624-3270.
The Preliminary Decree, the affidavit of John Peterson, and this Notice are also available on the internet at
http://www.dnrc.mt.gov/divisions/water/adjudication/turtlemountain.
You may obtain a paper or electronic copy of the Preliminary Decree from the Department of Natural Resources and Conservation, Water Rights Bureau, PO Box 201601, Helena, MT, 59620-1601. The cost of a paper copy of the Preliminary Decree is $168.00, the indexes are $29.00. An electronic copy of the Preliminary Decree on CD is $10.00.
HOW TO FILE AN OBJECTION AND REQUEST A HEARING
An objection to the Turtle Mountain Preliminary Decree must be filed with the Montana Water Court. Objection forms can be found at the Water Court, the DNRC offices in Havre, Glasgow and Billings, and on the internet at
http://www.dnrc.mt.gov/divisions/water/adjudication/turtlemountain. Objections may also be filed in any format which complies with the Montana Rules of Civil Procedure. All objections must be filed and received by the Montana Water Court, PO Box 1389, Bozeman, MT 59771-1389, on or before April 26, 2017.
LATE OBJECTIONS WILL NOT BE CONSIDERED
EXTENSIONS
The Water Judge may grant a request for an extension of the time for filing objections. A request for an extension must be received by the Water Court on or before April 26, 2017. A form enabling you to request an extension is available on the internet at http://www.dnrc.mt.gov/divisions/water/adjudication/turtlemountain.
If an extension is granted, it will apply to everyone. Any extension will be posted at the offices listed above and will be advertised once in the Billings Gazette in Billings, the Sidney Herald in Sidney, the Powder River Examiner in Broadus, The Ekalaka Eagle in Ekalaka, the Havre Daily News in Havre, the Phillips County News in Malta, the Sheridan County News in Plentywood, the Liberty County Times in Chester, The River Press in Fort Benton, and the Great Falls Tribune in Great Falls.
MEETING WITH THE WATER COURT
Two informal public meeting will be held by the Water Court via telephone conference call listed below. On the specified date dial (877) 526-1243, and at the prompt enter code: 46309676#.
Tuesday evening, December 6, 2016 at 7:00 p.m.
Thursday evening, December 15, 2016 at 7:00 p.m.
ANY QUESTIONS?
You may contact the Montana Water Court. Our toll-free number is 1-800-624-3270. Our regular office number is (406) 586-4364 and is not toll-free.
DATED this 28th day of October, 2016.
//Russ McElyea
Chief Water Judge
Montana Water Court
PO Box 1389
Bozeman, MT 59771-1389
REMEMBER: OBJECTIONS MUST BE RECEIVED BY THE WATER COURT
BY APRIL 26, 2017.
(Published by Phillips County News 11/09, 11/16, 11/23/2016)
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PUBLIC MEETING
The City of Malta will hold a public meeting to present information on the progress of the Preliminary Architecture Report (PAR) currently being prepared for Malta Opportunities, Inc. as well as discuss the different funding opportunities. The current funding sources being researched include the Montana Department of Commerce (MDOC) Community Development Block Grant (CDBG) Public Facilities Program, the MDOC CDBG Economic Development Program, USDA-Rural Development, among others. This is a meeting for the public to comment on the findings, the proposed alternatives, and funding options.
The meeting will be held on Tuesday, November 29, 2016 at 5:30 p.m. at City Hall (39 S 2nd St E). The public is invited to attend. Written comments may also be submitted before 5:00 p.m. to City Hall at PO Box 1300, Malta, MT 59538. Persons seeking more information about this matter should contact Eryn Nissen, Community Planner, Bear Paw Development Corporation, (406) 265-9226 during regular office hours.
(Published by Phillips County News 11/16, 11/23/2016)
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EDWARD A. AMESTOY,
Cole, Amestoy & O’Brien, PLLP
PO Box 1280
Malta, Montana 59538
Phone: (406)654-2541
Attorneys for Personal Representative
MONTANA SEVENTEENTH JUDICIAL DISTRICT, COUNTY OF PHILLIPS
Probate No. DP-2016-16 IN THE MATTER OF THE ESTATE
OF KENNETH H. JENSEN, Deceased. NOTICE TO CREDITORS
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 after the date of the first publication of this Notice or said claims will be forever barred.
Claims must be mailed to Martin Jensen the Personal Representative, return receipt requested, at c/o Cole & Amestoy, PO Box 1280, Malta, Montana 59538, or filed with the Clerk of the above Court.
DATED THIS 27th day of October, 2016.
/s/ Martin Jensen
Martin Jensen
(Published by Phillips County News 11/16, 11/23, 11/30/2016)
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INVITATION TO BIDDERS
NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Phillips County, Montana, will receive sealed written bids at their office in the Phillips County Courthouse, 314 S. 2nd Ave. W., Malta, Montana 59538 until 1:00 p.m. local time, on Monday, November 28, 2016 subject to section 7-5-2301, MCA, for the crushing and stockpiling of approximately up to 30,000 tons per site of 1’’ crushed pit run aggregate, to be crushed at three or more different locations. Contractor shall crush all material that is 10 inches or less in diameter into aggregate. After this hour, no bids will be accepted.
Each bid must be signed and submitted in a sealed envelope addressed to the Board of County Commissioners, Box 360, Malta, Montana 59538. The envelope shall be plainly marked on the outside as a BID for gravel crushing, and the envelope must bear on the outside the bidder’s name and address. If the bid is forwarded by mail, the sealed envelope containing the bid must be enclosed in a separate envelope addressed to the Board of County Commissioners. Bids by telephone, fax or telecommunications will not be accepted. Bids will be opened Monday, November 28, 2016 at 2 p.m. in the County Commissioner’s office.
Pit locations will be in Phillips County. Further information can be obtained on the pit locations by calling the Phillips County Board of Commissioners, telephone 406-654-2429.
The royalty, stripping of pit prior to crushing and reclamation will be taken care of by the county. Some minor stripping may have to be done by contractor. Payment will be made within 2 weeks after completion of each setup.
The successful bidder will be required to comply with Montana’s contractor’s registration laws, Section 39-9-201, et seq., MCA.
The right is reserved to reject any or all bids, to accept any bid in whole or in part, to waive any defect or informality in any bid therein, to postpone the award of the contract for a period not to exceed sixty (60) days, and to accept the lowest responsible bid which is in the best interest of Phillips County.
DATED this 24th day of October, 2016
BOARD OF COUNTY COMMISSIONERS
PHILLIPS COUNTY, MONTANA
Lesley Robinson, Chairman
Richard Dunbar, Member
Bruce Christofferson, Member
ATTEST: Marian S Ereaux, Clerk and Recorder
(Published by Phillips County News 11/09, 11/16/2016)
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NOTICE OF PROPOSED JOINT PURPA IMPLEMENTATION PLAN
OF CERTAIN ELECTRIC COOPERATIVES AND PETITION FOR WAIVER
Basin Electric Power Cooperative (“Basin Electric”) and its Member-owners joining in this petition are Agralite Electric Cooperative, Big Flat Electric Co-op., Inc., Black Hills Electric Cooperative, Inc., Bon Homme Yankton Electric Association, Inc., Burke-Divide Electric Cooperative, Inc., Butte Electric Cooperative, Inc., Cam Wal Electric Cooperative, Inc., Capital Electric Cooperative, Inc., Central Electric Cooperative, Inc., Central Montana Electric Power Cooperative, Inc., Central Power Electric Cooperative, Inc., Charles Mix Electric Association, Inc., Cherry-Todd Electric Cooperative, Inc., City of Elk Point, Clay-Union Electric Corporation, Codington-Clark Electric Cooperative, Inc., Crow Wing Cooperative Power and Light Company, Dakota Valley Electric Cooperative, Inc., Douglas Electric Cooperative, Inc., East River Electric Power Cooperative, Inc., FEM Electric Association, Inc., Fergus Electric Cooperative, Inc., Goldenwest Electric Coop, Inc., Grand Electric Cooperative, Inc., H-D Electric Cooperative, Inc., Hill County Electric Cooperative, Inc., KEM Electric Cooperative, Inc., Kingsbury Electric Cooperative, Inc., L & O Power Cooperative, Lacreek Electric Association, Inc., Lake Region Electric Association, Inc., Lower Yellowstone Rural Electric Cooperative, Lyon Rural Electric Cooperative, Lyon-Lincoln Electric Cooperative, Inc., Marias River Electric Cooperative, Inc., McCone Electric Co-op., Inc., McKenzie Electric Cooperative, Inc., McLean Electric Cooperative, Inc., Mid- Yellowstone Electric Cooperative, Minnesota Valley Cooperative Light & Power Association, Mor-Gran-Sou Electric Cooperative, Inc., Moreau-Grand Electric Cooperative, Inc., Mountrail-Williams Electric Cooperative, North Central Electric Cooperative, Inc., Northern Electric Cooperative, Inc., Northern Plains Electric Cooperative, Inc., NorVal Electric Cooperative, Inc., Oahe Electric Cooperative, Inc., Osceola Electric Cooperative, Inc., Park Electric Cooperative, Inc., Powder River Energy Corporation, Redwood Electric Cooperative, Renville-Sibley Co-op Power Association, Rosebud Electric Cooperative, Inc., Roughrider Electric Cooperative, Inc., Rushmore Electric Power Cooperative, Inc., Sheridan Electric Co-op., Inc., Sioux Valley-Southwestern Electric Cooperative, Inc., Slope Electric Cooperative, Inc., South Central Electric Association, Southeast Electric Cooperative, Inc., Southeastern Electric Cooperative, Inc., Sun River Electric Cooperative, Inc., Tongue River Electric Cooperative, Inc., Traverse Electric Cooperative, Inc., Union County Electric Cooperative, Inc., Upper Missouri G & T Electric Cooperative, Inc., Verendrye Electric Cooperative, West Central Electric Cooperative, Inc., West River Electric Association, Inc., Whetstone Valley Electric Cooperative, Inc., and Yellowstone Valley Electric Cooperative, Inc. hereby give notice of their proposed Joint PURPA Implementation Plan (“Implementation Plan”) to implement jointly their obligations under Section 210 of the Public Utility Regulatory Policies Act of 1978 (“PURPA”) and under Part 292 of the Regulations of the Federal Energy Regulatory Commission (“FERC”). Section 210 was enacted to encourage production of electric energy by qualifying cogeneration and small power production facilities (“QFs”). Basin Electric and the Participating Members further give notice that on or after January, 1, 2017, they will file with FERC a joint petition for waiver of certain obligations under Section 292.303 of the FERC’s Regulations.
Part 292 of FERC’s Regulations sets forth the requirements regarding arrangements between electric utilities and QFs. Part 292 requires electric utilities to purchase and sell energy and capacity from and to QFs. Under the proposed Implementation Plan (and subject to terms and conditions imposed pursuant thereto), Basin Electric and the Participating Members would agree to
(1) permit any QF to interconnect with the transmission or distribution system of any Participating Member to the extent such QF is entitled to interconnection under Part 292; (2) permit any QF with a capacity of 150 kW or more to sell energy and capacity to Basin Electric at rates that comply with Part 292 to the extent that (a) a Participating Member would otherwise be required to purchase from such QF and (b) the QF delivers power to the Participating Member’s system at a point where the Participating Member provides retail service with energy purchased from Basin Electric; and (3) permit any QF, regardless of capacity, to purchase supplementary, backup, maintenance and interruptible power on either a firm or nonfirm basis from a Participating Member at rates that comply with Part 292. The proposed Implementation Plan may be modified based on public comments, FERC’s response to the petition for waiver described below, or otherwise as appropriate.
The proposed Implementation Plan is available for review by interested parties at the offices of Basin Electric. Copies will be sent to interested parties upon request. Written comments on the proposed Implementation Plan must be submitted on or before December 2, 2016, to Basin Electric Power Cooperative, Attention: Dave Raatz, Vice President Cooperative Planning, 1717 E. Interstate Ave., Bismarck, ND 58503 or by emailing [email protected]. Copies of written comments will be made available to interested parties. In addition, any interested party may request a public hearing on the proposed Implementation Plan by submitting a written request to the above address no later than December 2, 2016. If timely and properly requested, one or more hearings on the Implementation Plan will take place prior to the FERC filing referenced below. Details regarding the date, time and location of any such hearing(s) will be sent to each person requesting a hearing. A representative of Basin Electric and the Participating Members will be present at the hearing(s).
In connection with the proposed Implementation Plan, and pursuant to Section 292.402 of FERC’s Regulations, on or after January 1, 2017, Basin Electric, on behalf of itself and the Participating Members, intends to apply for a waiver of certain obligations under Section 292.303 of FERC’s Regulations which, if granted, would result in all purchases from QFs being made by Basin Electric and all sales to QFs interconnected with the Participating Members being made by the Participating Members. More information on the waiver request is provided in the Implementation Plan. Persons wishing to comment on the waiver request should follow the procedures for written and oral comments on the Joint PURPA Implementation Plan.
(Published by Phillips County News 11/16/2016)
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In the 17th Judicial District Court of Phillips County, State of Montana
Cause No .: DP-2016-17
In the Matter of the Estate of
Arnold O. Hellie, Deceased.
Letters
Michael Hellie was appointed as personal representative of the estate by statement of the clerk or judge in the above proceeding dated November 10, 2016. If there was a will, it was admitted to probate.
Letters of appointment as personal representative are hereby issued.
WITNESS the clerk of court and the seal of the court affixed on
November 10, 2016.
Tami Christofferson, Clerk of Court
Jo Hasler, Deputy Clerk
(Published by Phillips County News 11/16, 11/23, 11/30/2016)
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