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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)
MNAXLP
PUBLIC MEETING
Phillips County and 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 pm at City Hall (39 S 2nd St E). The public is invited to attend. Written comments may also be submitted before 5:00 pm 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)
MNAXLP
Project Startup announcement: Construction and renovation of Old Highway 2 will commence the week of 11/28/2016. The project limits from old Highway 2 out to the Bowdoin Wildlife Refuge. Project updates will be posted as construction proceeds throughout the winter months and into the summer of 2017.
The Replacement of Dodson Canal Bridge will commence on November 28, 2016 and run through March 1, 2017. This work will require Old Highway 2 to be closed to through traffic during construction. Alternate Detour routes will be posted with signs and directional routing. Please contact Bruce Christofferson (Phillips County Commissioner ) for further information.
Phone: 406 - 654 - 2429
At this time, Century Companies Inc. would like to remind motorists to always expect the unexpected when driving through work zones. Motorists are advised to watch for work crews, heavy equipment, and reduced speed limits. Posted limits are enforced until signs indicate the work zone has ended. Fines will double in work zones.
Road construction plays a crucial role in maintaining safe roadways and convenient travel throughout Montana. Century Companies Inc. asks that motorists practice patience when approaching construction zones. Travelers should expect delays and are encouraged to adjust their travel times accordingly. Century Companies Inc. is dedicated to expediting this project and apologizes for any inconvenience it may cause.
(Published by Phillips County News 11/23, 11/30/2016)
MNAXLP
The City of Malta is requesting that all recreational vehicles be removed from city streets and alleys. Ordinance #422 defines recreational vehicles as motor homes, campers, boat trailers, utility trailers and others. Vehicles are to remain off city streets and alleys for the period of December 1 to March 1 in order for efficient snow removal.
(Published by Phillips County News 11/23, 11/30/2016)
MNAXLP
MONTANA SEVENTEENTH JUDICIAL DISTRICT, COUNTY OF PHILLIPS
Probate No .: DP-2016-17
In the Matter of the Estate of
Arnold O. Hellie, 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 either be mailed to
Michael Hellie the Personal Representative, return receipt requested, at PO Box 23, Whitewater, Montana 59544, or filed with the Clerk of the above Court.
DATED THIS 10th day of
November, 2016.
/s/ Michael Hellie
Michael Hellie
(Published by Phillips County News 11/23, 11/30, 12/07/2016)
MNAXLP
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)
MNAXLP
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