HomeMy WebLinkAbout98- Nash, Helen A & Donald &Moore, Kathryn A.; Basin 41H Montana Water Court
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AGREEMENT at
This Agreement is entered into on this ::21 day of April, 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 before the Montana Water Court four
claims in case 41H-171 enumerated and claimed as follows:
CLAIM CFS INCHES PRIORITY DECREE BASIS
41 H-W-140873 .15 6 1866 Case 9-2493 (Story)
41 H-W-140877 .63 25 1877 Case 6-1333 (Huff)
41 H-W-140879 .63 25 1877 Case 6-1333 (Wi lIiams)
41H-W-140880 .16 7 1866 Case 9-2493 (Evans)
WHEREAS, Nash filed objections before the Montana Water Court as to all of the
above enumerated claims; and
WHEREAS, 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-W~140880 were decreed in what is commonly
referred to as the lower decree, Cause No. 9-2493, for use and diversion in and near
what is now the City of Bozeman. The City of 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 subordinate these two water rights to all other water 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 the Montana Water Court at which time the objections
of the parties will be deemed withdrawn.
2. The City of Bozeman agrees that it will not divert the flow rate of all four claims set
forth above, the total combined flow rate for which is 63 miner's inches, during periods
of low flow on Sourdough/Bozeman Creek between November 1 and 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 Nash Road through which Sourdough/ Bozeman
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Creek flows. A measuring device will be constructed only upon written notice from Nash
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 will be stopped no less 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 stated above.
4. In the event of a bona fide emergency, Nash agrees to forebear 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
lack of sufficient water for adequate fire protection within the City of Bozeman or a low
flow situation which results in the City's inability to provide minimum water flows to the
residents and water customers within the City of Bozeman.
S. This Agreement shall terminate upon construction of a new dam on Sourdough
Creek above the City's existing diversion or 30 years from the date of this Agreement.
6. This Agreement shall enure to the benefit of and be binding upon the heirs and
successors and assigns of the parties hereto.
7. The parties hereto agree that this agreement shall not be filed with the Montana
Water 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
Water Court without the specific written authorization of all parties hereto.
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City of Boz mar( Helen ash
By: Phil Forbes, Director of Public Works
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City of Bozeman
By: Clark Johnson, City Manager
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Kathryn A.1i oore
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