HomeMy WebLinkAboutResolution 215 Additional Water Supply
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.,' Cm,:TI'.uSSION RESOLUTION NO. 215
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-A RESOLUTION OF THE CI'ry OF BOZEW1.AN, DECLARING IT NECESSARY TO
AC~UIRE BY PURCHASE AN ADDITIONAL WATER SUPPLY FOR THE BOZ~\~N
I WATER WORKS SYSTEM, PROVIDING FOR THE PURCHASE A1~ ACQUISITION
OF A WATER RIGBT OUT OF BOZEMAN CREEK THEREFOR, AND TI-ill PAYJVlENT
THEREOF.
W HER E A S:
( 1) The City of Bozeman owns, operates and maintains a water works
system for supplying to the inhabitants of the City of Bozeman water for domestic
purposes; and
( 2) In the years 1015 and 1916, proceedings were had for extending,
improving and enlarging the then water works system, and acquiring an auxilliary
or addi tio:lal water works system from Bozeman Creek for the City of Bozeman, and
at that time the City of Bozeman acquired by purchase from various parties, four
(4 ) shares of the Bozeman Creek Reservoir Company, the said four (4) shares
representing the additional supply of water; and
(3 ) Ever since 1919, the supJlly of water for the Bozeman Creek system
has been inadequate to supply the wants and needs of the City of Bozeman; that
it has been necessary to purchase for use during various years an additional
supply; and
I (4 ) That heretofore, pursuant to the provisions of Commission Resolution
No. 137, the City of Bozeman did acquire by purchase, from Elmer Williams, a water
riE;ht consisting of 50 inches of the waters of Bozeman Creek, appropriated in the
year 1866, and as a part of the consideration therefor, assigned and transferred
to the said Elmer Williams one ( 1) Sha re , Certificate No.4, of the Bozeman Creek
Reservoir Company; and
(5) Pursuant to Cornnission Resolution No. 184, passed and adopted on
the 27th day of June, 1930, the City of Bozeman did acquire by purchase from
John H. Golden stein:
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Fifty (50) inche s, being a flow equivalent to one and one-fourth
( l:I) cub ic feet per second of time, of the waters of' Bozeman Creek,
and which is fifty (50) inches out of the One Hundred (100)
inches
of the waters of' said Bozeman Creek which was decreed to James W.
Mardis, by the District Court in Galle-it in County, Kontanu, in an
action wherein Sanford Ruffner, et al., were plaint iff's, and
Amos
Williams, et al., were defendants, b~ Decree date6 December 2nd,
188'7 (Book "5" of Judcments, page 36 and which water right was de-
creed as being appropriated in June, 1866 ;
( 6 ) That notwithstanding the acquisition of the rights from Elmer
Williams and from John H. Goldenstein, as aforesaid, there is still insufficient
I water to supply the inhabitants of the Cit;>r of Bozeman with water to meet its
pressing needs during a shortage of water in the months of June, July and August,
and the Comr:1ission of the City of Bozeman, by reason thereof, deems it not only
prOl)er, but necessary, that the City acquire an additional water right, and John
H. Goldenstein has sic;nified his willingness to sell to the City of Bozeman a
water right described as follows:
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:Fifty (50) inches, being a flow equivalent to one and one-fourth
(l~;) cubic feet per second of time, 01' the waters 01' Bozeman Creek,
and which is fifty (50) inches out of the One Hundred (100) inches
of the waters of said Bozeman Creek which was decreed to James J. ...
Mard is, by the District Court in Gallatin County, Montana, in an
I
action wherein Sanford Hufi'ner, at al., were }laintiffs, and Iil:1o:',
V[ill ia.ms, et al., were Defendants, by' Decree dated December :Znd,
1887 (Bool<.: 115" of Judc;ments, par;e 36) and which Vi"at e1' right was
decreed as being appropriated in June, 1860 ;
for the sum of }'PlE THOUSAND DOLLAli.S (;,p5,00O.OO), and furnish a Vlarranty Deed there-
1'0 r, wi tll Abstract of Title, SUBJECT, however, to the right and option reserved by
the said John H. Goldenstein to use fifty inches of the waters owned by the City of
Bozeman during anyone year and UD to the lOth day of July of each year, conditioned
that 11' tilis richt is exercised by the said John H. Goldenstein, he will pay to the
Ci ty of Bozeman TEl! GOLLAHS (~10.00) per day for the water so used by him; and
( 7 ) That the price asked for said 'ivatOl' right by the said JoLn L. GolCl-
eustein is reasonable;
NOW, TIlEREFORE, BE IT RI~SOLVED BY THE COMJ\lISSION OF r:L'HE CITY OF
BOZE!\IAN:
That the Cit;l of Bozeman purchase from John H. Goldenstein an additional
water right described as follows:
Fifty (50) inches, beine a flow equivalent to one und one-
fourth (1-;1-) cub ic feet per second of t 1me, of the wat ers of I
30zer:mn Creel:, and which is fifty (50) inches out of the
One Hundred (100) inches of the waters of' said Bozeman Creek
'which was decreed to James VI. hC::lrdis, by the District Court
in Gallatin County, Montanu, in an action wherein Sanford
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Ruffner, et al., were Plaintiffs, and lilHOs VlilliaE.s,
et a1.,
wcre Defendants, by Decree dated December 2nd, l[)Sr/ (Book
!J5,,'i, of Judgment s, pac:e 36) and which water right was decreed
as Gsing appropriated in June, 1866;
That the City of Bozeman pay the said John 1-1. Goldenstein therefor,
the S1JI!l of :8~i ve Thousand Dollars U~5, 000 .00), by warrant drarm Ul;on the Water Works
Fund in consideration therefor;
That the folJowinB riBht and option to the use of fifty inches of water
belonginc: to the City of Bozeman shall be incorporated in and made a part of the con-
veyance;
"This gre.nt is upon the expressed tenns and condition that the
said parties of the first part shall have the right, at their option,
and this right is hereby reserved, to have and to use durinc any
year, and up to the lOth day of July of any year, fifty inches, being
a flow equivalent to one and one-fourth cubic feet per second of time,
of any water owned by the City of Bozeman and flowing through Bozeman
Creek; that if this right or option to use said quantity of water is
exercised durinG any year by the parties of the first part, prior to
the lOth day of July, ~hen and thereupon the l)art iea of the first
part shall pay to the City of Bozeman, for the water so used up to the I
lOth day 01' July, the sum of Ten Dollars per day; the water so used
shall be diverted from Bozeman Creel\: by and througl1 any ditch or
ditches, diverting water fron Bozeman Creek, and serving the purpose
herein described; that this right and option to use said water,
hereby reserved, shall attach to the land now owned by the parties
of the first part, to wit:
The Southeast Quarter (SE~.) of Sect ion Twenty-
five ( 25) , 'I'ovrnslJ.i:p Two ( 2) South of
Range
Five ( 5) Ea st ,
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and shall not be subject to use by any other person,
SAVE AND EXCEPT the owner of said land, and no person
not the owner of said land shall have any right or
option to the use of the same, and the surne shall not
I be sold or disposed of by the parties of the first part
save and except as a part of, and appurtenant to, said
1 and. "
That the said John H. Goldenstein shall submit to the City Attorney
a Warranty Deed for said Water right, and Abstract of 'l1i tIe to be approved by
the City Attorney;
That in the sale and transfer of said water right,. any mortgagee or
mortgagees shall join in the conveyance therefor, or release any claim thereto
that he or they may have by reason of any mortage thereon;
That, thereupon, the Bozeman Creek Water Supply to the ~ozeman Water
Works System will consist of the following:
3 shares of the Bozeman Creek Reservoir Company;
50 inches of th\:; waters of 130zeman Creek appropriated in the
year 1866, Elmer Williams right, acquired as herein set forth;
50 inches of the waters of Bozeman Creek appropriated in June,
1866, John H. Goldenstein right, acquired as herein set forth;
50 inches of the waters of Bozeman Creek appropriated in June,
1866 , John H. Goldenstein right, to be aoquired as herein set forth;
PASSED AND ADOrTED by the Commission of the City of Bozeman, at a
I regular session thereof, held on this 24th day of JUly, 1931.
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I, Carolyn Westlake, Clerk of the Commission of the City of' Bozeman,
Montana, do hereby certify that the foregoing Resolution No. 215 of the City of
Bozeman, Montana, was published by title in the Bozeman Daily Chronicle, a daily
newspaper of general oirculation, printed and published in the City of Bozeman
in the issue of July 28, 1931, and that due proof 0' said publication was made
and filed in my office.
IN WITNESS WHEREOF I have hereunto set my hand and the oorporate seal
I of' said City this 28th day of July, 1931.
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