HomeMy WebLinkAbout98- Nash Agreement
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AGREEMENT d
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This Agreement is entered into on this ~2 ff day of Apr:l, 1998, by and between
the City of Bozeman, hereinafter "the City," and Kathryn A. Moore, Helen A. Nash and
Donald Nash, hereinafter collectively referred to as "Nash."
WHEREAS, the City of Bozeman has filed befere the Montana Wate~ Court four
c:aims in case 41 H.171 enumerated and claimed as follows:
CLAIM CFS 1~ICHES PRIORITY DECREE BASIS
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41 H-vV-14C373 .15 6 10"'''' Case 9-2493 (Stor;)
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41H~WM140877 .63 25 1877 Case 6-1333 (Huff)
41 H-WM1408l9 .63 25 1877 Case 6-1333 (Williams)
41 H-W~140880 .16 7 1866 Case 9~2493 (Evans)
WHEREAS, Nash filed objections before the iv10ntana Water Court as to all of the
above enumerated claims; and
WHERE/\S, the parties have reached the following agreement as to the resolution
of the objections filed as to these claims.
1. Claim Nos. 41 H-W-140873 and 41 H-vV-140880 were decreed in what is commonlY
referred to as the lower decree, Cause No. 9-2493, for use and diversion in and near
'<'lhat is now the City of Bozeman. The City o~ Bozeman acquired these water rights in
1920 and -1948, respectively, and moved the point of diversion from the decreed point of
diversion in Section 18, Township 2, South Range 6 East to the City's municipal treatment
plant diversion in Section -18, Township 3, South Range 6 East. The City hereby agrees
to subordi nate these two water rights to all other VJater rights as decreed in the upper
decree being Cause No. 6-1333. Ruffner v. Williams, Gallatin County, Montana, dated
December 2, 1887. The parties hereto agree that a separate stipulation subordinating
these water rights will be filed with t1e Montana Water Court at which time the objections
of the parties will be deemed withdrawn.
,.., Tile City of Bozeman agrees that it will not divert the now rate of all four claims set
r:... forih above, thE: total combined flow rate for which is 63 miner's inches, during periods
of 101,/ flow on Sourdough/Bozeman Creek between November 1 2nd May 1 of any year.
"Low flow" shall be defined as when the flow in Sourdough Creek falls below 150 miner's
inches measured at the culvert under !\lash Road through v/h:ch SCL:rdough/ Bczer;'ii
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Creek flows. A measuring device will be constructed only upon written notice from /\lash
to the City of Bozeman. Said construction will occur within six months after written notice
is received by the City.
3. The City agrees that diversion of the 63 miner's inches total combined flow rate of
these four claims wi!: be stopped no les3 than 48 hours after the City becomes aware that
the flow in Sourdough/Bozeman Creek has dropped below the 150 miner's inch minimum
flow in the Creek as statec above.
40 in the event oi a bona fide emergency, Nash agrees to foreb88J strict enforcement
of this Agreement conditions while the emergency situation continues to exist. An
"emergency situation" shall include, but not be limited to, low flow situations resulting in
lad, of sufficient water for adequate fire protection within the City of Bozeman or a low
flew situation which results in the City's inability to provide minimum water flows to the
residents and water customers within the City of Bozeman.
5" This Agreement shall terminate upon construction of a new dam on Sourdough
Cresl, above the City's existing diversion or 30 years from the date of this A.greement.
6, This Agreement shall enure to the benefit of and be binding UpGll the heirs and
successors and assigns of the parties hereto.
7, The par:ies hereto agree that this 3gresment shall not be filed with the Montana
V\later Court nor the Gallatin County Clerk and Recorder.. The parties further agree that
no part hereof shall be incorporated into any decree in Basin 41 H issued by the Montana
\Vater Court without the specific written authorization of all parties hereto.
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City of 8oz/maIf' ' Helen N'ash
By: Phil Forbes, Director of Public Works I
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City of Bozeman Donald Nash
By: Clark Johnson, City Manager
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:-<athryn A. Mcore
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