JOHN C. CRUDEN
Assistant Attorney General
James J. DuBois, Attorney
U.S. Department of Justice
Environment and Natural Resources Division
Natural Resources Section
999 18th Street, South Terrace —Suite 370
Denver, CO 80202
(303)844-1375
james.dubois(c~usdoj,,gov
IN THE WATER COURT OF THE STATE OF MONTANA
CLARK FORK DIVISION
CLARK FORK RIVER BASIN ABOVE THE BLACKFOOT RIVER
BASIN 76G
CLAIMANT:
United States of America(Department of
Agriculture Forest Service)
OBJECTORS:
Esther McDonald; Butte-Silver Bow
CASE 76G-137
76G 50676-00
MOTION OF MONTANA WATER COURT
STIPULATION BETWEEN CLAIMANT UNITED STATES OF AMERICA
AND OBJECTORS ESTHER McDONALD AND BUTTE-SILVER BOW
This Stipulation, entered into by Claimant United States of America(Department of
Agriculture Forest Service)("United States"), and Objectors Esther McDonald and Butte-Silver
Bow, by and through their undersigned attorneys, is for the purpose of resolving the objections to
Water Right Claim No. 76G 50676-00. This Stipulation is entered into as ofthe last date
accompanying signatures below.
RECITALS
A.
Pursuant to Mont. Code Ann. § 85-2-221, the United States timely filed a
Statement of Claim for Water Right Claim No. 76G 50676-00 with the Department of Natural
Stipulation
Case No. 76G-137
Page 1
Resources and Conservation("DNRC"). The United States' Statement of Claim was for fish and
wildlife purposes on Storm Lake.
B.
Pursuant to Mont. Code Ann. § 85-2-233, Objector Esther McDonald timely filed
a Notice of Objection to Water Right Claim No. 76G 50676-00, identifying purpose of right,
volume,flow rate and lack of quantification as the basis for her objection.
C.
Pursuant to Mont. Code Ann. § 85-2-233, the Atlantic Richfield Company timely
filed a Notice of Objection to Water Right Claim No. 76G 50676-00, identifying ownership as
the basis of its objection.
D.
On May 10, 1996, Water Master Douglas Ritter filed an Order Substituting
Objector, which ordered that Montana Resources, Inc. and Montana Resources, a partnership
("Montana Resources") shall assume the objection to Water Right Claim No. 76G 50676-00,
previously held by the Atlantic Richfield Company.
E.
On November 10, 1997, Water Master Douglas Ritter filed an order Substituting
Objector, which ordered that Butte-Silver Bow City/County Government shall assume the
objection to Water Right Claim No. 76G 50676-00, previously held by Montana Resources.
AGREEMENTS
In consideration ofthe mutual covenants and conditions listed below, the parties agree
and stipulate as follows:
1.
The Flow Rate for Water Right Claim No. 76G 50676-00 will be amended to
read:"A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS INLAKE USE."
2.
The Volume for Water Right Claim No. 76G 50676-00 will be amended to 942
acre-feet per year, based on an elevation of 8288 feet, which is the elevation level ofthe Storm
Lake dam outlet structure.
Stipulation
Case No. 76G-137
Page 2
The Means of Diversion for Water Right Claim No. 76G 50676-00 will be
amended to INLAKE.
4.
The Water Court will add the following remark to the Volume for Water Right
Claim No. 76G 50676-00:
THE VOLUME OF THIS INLAKE RIGHT IS LIMITED TO
WATER IN STORM LAKE BELOW THE 8288
ELEVATION LEVEL,WHICH IS THE LEVEL OF THE
STORM LAKE DAM OUTLET STRUCTURE.
5.
The parties agree that because the United States' water right is for natural lake
levels, no evaporative or seepage losses will be accounted against the United States' water right.
Any evaporative or seepage losses that may be accounted against Storm Lake shall be accounted
against Water Right Claim No. 76G 124864-00.
6.
The parties agree that upon issuance of a Master's Report, Order Adopting
Master's Report, and entry of Preliminary and Final Decrees reflecting changes to Water Right
Claim No. 76G 50676-00, as specified above and in the Abstract attached hereto as Exhibit A,
the objections of Esther McDonald and Butte-Silver Bow shall be deemed withdrawn.
7.
This Stipulation is the compromise of disputed water claims and is not to be
construed as an admission against the interests of any party.
8.
The terms ofthis Stipulation are binding on the parties, their successors, and
assigns.
9.
Each party agrees to bear its own costs and attorney fees arising from the
negotiation and execution of the Stipulation and in proceedings before the Montana Water Court
regarding the Claims in this case.
Stipulation
Case No. 76G-137
Page 3
10.
Each undersigned party entered into and executed this Stipulation voluntarily, in
good faith, and without any fraud, misunderstanding, misrepresentation, overreaching, duress, or
undue influence, whatsoever.
11.
This Stipulation may be executed by the parties in counterparts, each of which
when executed and filed with the Montana Water Court shall be an original, but all of which
together shall constitute one instrument.
THE CITY AND COUNTY OF BUTTE-SILVER BOW
Date
Matt Vincent, Chief Executive
APPROVED AS TO FORM:
Sally J. Hollis, Clerk and Recorder
Holly Fran
Attorney for Objector, The City
And County of Butte-Silver Bow
JOHN C. CRUDEN
Assistant Attorney General
02 G ~Y l(o
JAME J. DUBOIS, Attorney
U.S. epartment of Justice
Nat al Resources Section
999 18th Street
South Terrace —Suite 370
Denver, CO 80202
james.duboisna,usdoj.~ov
Date
Attorney for Claimant
United States of America
Stipulation
Case No. 76G-137
Page 4
Esther McDonald
Objector
Date
Page C. Dringman
Attorney for Objector Esther McDonald
Date
Stipulation
Case No. 76G-137
Page 5