One Nation, Under God

Legals for week of April 30

EDWARD A. AMESTOY

Cole, Amestoy & O'Brien, PLLP

P.O. Box 1280

113 South 2nd Street West

Malta, Montana 59538

Phone: (406) 654-2541

Attorneys for Personal Representative

MONTANA SEVENTEENTH JUDICIAL DISTRICT COURT, COUNTY OF PHILLIPS

IN THE MATTER OF THE ESTATE OF

NORMAN W. SOLBERG,

Deceased.

Probate No. DP-14-10

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, return receipt requested, to: Larry Solberg, Personal Representative, c/o Cole, Amestoy & O'Brien, P.O. Box 1280, 113 South 2nd Street West, Malta, Montana 59538, or filed with the Clerk of the above Court.

DATED this 22nd day of April, 2014.

Larry Solberg,Personal Representative

(Phillips County News Apr. 30, May 7, 14, 2014)

Notice of Close of Regular

Voter Registration and Option for Late Registration

Notice is hereby given that regular* voter registration for the Primary Election to be held on June 3, 2014, will close at 5:00 p.m., Monday, May 5, 2014.

*NOTE: If you miss this regular registration deadline, you may still register for the Primary Election by showing up at the Phillips County Election Office at the Courthouse up to and including Election Day, June 3, 2014. Between noon and the close of business on the day before Election Day, June 2, 2014, you can complete and submit a voter registration card, but you will need to return to the Phillips County Election Office at the Courthouse on Election Day to pick up and vote a ballot.

All active and inactive**electors of Phillips County are entitled to vote at the Primary Election, June 3, 2014.

**Inactive electors may reactivate by appearing at the polling place in order to vote, or, by requesting an absentee ballot in any election, or by notifying the Phillips County Election Administrator in writing of the elector's current address in the county.

Persons who wish to register and who are not presently registered may do so by requesting a form for registration by mail (Elections Office, PO Box 360, Malta, MT 59538) or by appearing at the Phillips County Election Office at the Courthouse at 314 South 2nd Avenue West, Malta, Montana.

If you have moved since the last election, please update your registration information by filling out a new voter registration card and submitting it to the Phillips County Election Office.

DATED this 10th day of April, 2014.

Marian S Ereaux

Phillips County Election Administrator

(PUB. Phillips County News: April 16, 23, 30, 2014)

Notice of CALL FOR BIDS

CONGREGATE AND HOME

DELIVERED MEALS

Phillips County, hereby invites for bid, congregate and home delivered meals for the elderly for July 1, 2014 to June 30, 2015. The County Commissioners have determined the minimum cost to provide this service under this contract must be at least $5.00 per plate. Meals served must be acceptable to the elderly consumer and meet one-third of the RDA. Meals will be served at a time mutually agreed upon by the two parties, using the following meal pattern:

meat or alternate--three edible ounces

vegetables and fruit – 3 servings

vegetable serving – 1 cup leafy greens or ½ cup cooked

fruit serving – ½ cup or 1 serving

grains – 2 servings (whole grains: 100% whole wheat breads, pastas, brown rice)

dessert--one-serving

milk or dairy equivalent – 1 serving

coffee or hot tea

The caterer is responsible for following all safety and sanitation regulations as established by the State of Montana. The caterer is responsible for paying all costs of food, supplies, labor and other costs as necessary in providing the meals. Meals may be served on site or catered to another location. The location of meals served on site should be accessible to the handicapped. The bid for the Home Delivered Meals to Malta residents will be included in the Congregate Meal bid at $1.00 more per meal. Home delivered meals are to include using Styrofoam containers provided by caterer. Bids must be received in the Clerk and Recorder’s office, Phillips County Courthouse, P.O. Box 360, Malta MT by 1:30 p.m. on Monday, April 28, 2013. Bids will be opened at 2:00 p.m. Special consideration for the home delivered meal bid will be given for the services of a dietitian. Phillips County reserves the right to reject any and all bids, to waive irregularities, or to accept any bid they deem to be in the best interest of Phillips County.

PHILLIPS COUNTY HEREBY ALSO INVITES FOR BID,

meals delivered to the jail for July 1, 2014 to June 30, 2015. The County Commissioners have determined the minimum cost to provide this service under this contract must be at least $5.00 per plate. Meals will be served at a time mutually agreed upon by the two parties, using the above meal pattern. The noon and the evening meals are to be delivered to the jail. The bid for the jail meals is to include using Styrofoam containers provided by caterer. Bids must meet above specifications as to safety and sanitation as well as to caterer responsibilities. Bids must be received in the Clerk and Recorder’s office, Phillips County Courthouse, P.O. Box 360 Malta, MT by 1:30 p.m. on Monday, April 28, 2013. Bids will be opened at 2:00 p.m.. Phillips County reserves the right to reject any and all bids, to waive irregularities, or to accept any bid they deem to be in the best interest of Phillips County.

Please mark “congregate meal bid” or “jail meal bid” on outside of envelope. If you have any questions call the Commissioners Office at 654-2429.

(Phillips County News: April 16, 23, 2014)

NOTICE OF BOARD MEETING

NOTICE IS HEREBY GIVEN that pursuant to the requirements of Section 2-2-302, MCA, the Board of Trustees of Dodson School District 2A-C intends to consider hiring Wesley KillEagle as Varsity Boys Basketball Coach for school year 2014-2015 at the Regular Board Meeting to be held on May 13, 2014 at 7:00 p.m. in the School Library. Wesley KillEagle is the son of Board Chair Iris KillEagle. If you have any questions, comments or objections prior to said Board Meeting, please direct all such inquiries to:

Debbie Combs, Superintendent

Dodson School District No. 2 A-C

Phone Number: 383-4361

Fax Number: 383-4489

(Phillips County News April 30, 2014)

NOTICE OF BOARD MEETING

NOTICE IS HEREBY GIVEN that pursuant to the requirements of Section 2-2-302, MCA, the Board of Trustees of Malta School District 14A intends to take action on the following matter at a special Board Meeting to be held on May 14, 2014 at 6:15 p.m. in the teacher’s workroom of the Malta Middle/High School: the employment of Jane Knudsen, sister of trustee Mark Knudsen, as District Clerk/Business Manager.

If you have any questions, comments or objections prior to said Board Meeting, please direct all such inquiries to:

Kris Kuehn, Superintendent

Malta School District No. 14A

Phone Number: 654-1871

(Phillips County News April 30, May 7, 2014)

Edward A. Amestoy,

Cole, Amestoy & O'Brien PLLP

P.O. Box 1280

Malta, MT 59538

Telephone Number: (406) 654-2541

Attorney for Petitioner

MONTANA SEVENTEENTH JUDICIAL DISTRICT COURT

PHILLIPS COUNTY

IN THE MATTER OF THE NAME CHANGE OF

DRASEN KELLY RASLEY,

A Minor

Cause No. DV-2014-10

NOTICE OF HEARING

John C. McKeon

NOTICE IS HEREBY GIVEN, that the above named Court has set the 28th day of May, 2014, at 10:30 A.M., as the time and place for hearing the Application of Drasen Kelly Rasley to change his name to Drasen Kelly Neumiller. Said hearing shall be held in the Courtroom in the Courthouse in Malta, Phillips County, Montana.

DATED this 4th day of April 2014.

Tami R. Christofferson

Clerk of the District Court

(PUB. Phillips County News:

April 9, 16, 23, 30, 2014)

SUMMARY DESCRIPTION OF RESERVED WATER RIGHTS IN THE UNITED STATES FISH AND WILDLIFE SERVICE BOWDOIN NATIONAL

WILDLIFE REFUGE - MONTANA COMPACT

The United States Fish and Wildlife Service Bowdoin National Wildlife Refuge -Montana Compact (Compact) recognizes federal reserved rights for the Bowdoin National Wildlife Refuge located in Water Court Basin 40M near Malta, Montana for existing and future wildlife water and administrative uses and emergency fire suppression. The Compact, the associated Memorandum of Understanding and the abstracts for each current and future wildlife water use may also be reviewed on the Montana Department of Natural Resource and Conservation website at http://dnrc.mt.gov/rwrcc.

The Compact quantifies federal reserved water rights for the Bowdoin National Wildlife Refuge from springs, seeps, naturally-occurring surface flows and groundwater sources arising inside the boundaries of the Bowdoin National Wildlife Refuge for:

Subject to the subordination requirement, the Compact recognizes FWS federal reserved water rights for:

-24,714 acre-feet per year from Beaver Creek;

-Surface flows in Basin 40M that drain naturally into the Refuge;

-5300 acre-feet per year of deep ground water extracted from wells located on the Refuge that must be drilled into geologic formations dating to the Jurassic Period or older

-223 acre-feet per year of ground water extracted from any source from wells located on the Refuge. This includes 2.7 acre feet per year of existing groundwater use from springs or wells on the Refuge for wildlife purposes, 7.35 acre feet per year of existing groundwater use from wells on the Refuge for administrative purposes, and the remaining 212.95 AF for future uses.

Before FWS can develop its deep ground water right, it must go through the State permitting process and demonstrate, among other things, that its use of deep ground water will have no adverse impact on any existing user and that the ground water is of sufficient quality to help rather than hurt the Refuge

The priority date for these rights shall be November 12, 1940. FWS water rights are subordinated to all existing users and to all future small domestic and stock users (no large future uses can exist, as Basin 40M was closed by the Montana legislature to the issuance of new water rights permits as part of the approval of the Ft. Belknap-Montana water rights compact)

Exercise of the rights quantified in the Compact is also conditioned on a Memorandum of Understanding (MOU) that was negotiated between the FWS and the State of Montana and approved in early 2013 and that sets conditions on the use of the FWS’ compact rights so as to ensure that the rights cannot be used to worsen the Refuge’s salt problems

Nothing in this Compact gives the FWS any federal reserved right to water in the Milk River or any Milk River Project water

Nothing in this Compact concerns the management of the Bowdoin National Wildlife Refuge. The Compact addresses only the federal reserved water rights that Bowdoin National Wildlife Refuge managers will have at their disposal

IN THE WATER COURT OF THE STATE OF MONTANA

UNITED STATES FISH AND WILDLIFE SERVICE, BOWDOIN NATIONAL

WILDLIFE REFUGE–MONTANA

COMPACT

Case No. WC2013-04

NOTICE OF ENTRY OF UNITED STATES FISH AND WILDLIFE SERVICE, BOWDOIN NATIONAL WILDLIFE REFUGE–MONTANA COMPACT

PRELIMINARY DECREE AND NOTICE OF AVAILABILITY

AS A WATER USER YOU MUST READ ALL OF THIS NOTICE

The Montana Water Court has been asked to approve a Compact settling and defining all of the reserved water rights for the Bowdoin National Wildlife Refuge claimed by the United States of America on behalf of the U.S. Department of the Interior – Fish and Wildlife Service (“FWS”). The United States Fish and Wildlife Service, Bowdoin National Wildlife Refuge–Montana Compact (“the Compact” or “Bowdoin Compact”) was negotiated by the State of Montana and the United States, and ratified by the 2007 Montana Legislature. The Compact needs your review before the Court determines whether to approve the Compact in accordance with applicable law.

The Compact defines the water rights of the United States for the Bowdoin National Wildlife Refuge, located in Water Court Basin 40M. A summary description of the water rights in the Compact is enclosed with this Notice.

You are receiving this Notice because the State’s water right records indicate you have filed a statement of claim, have applied for or received a permit to appropriate water, or have a water reservation in the basin in which a reserved water right in the Compact is located. Since your water rights may be affected by the Compact, you should review the Compact. Accordingly,

THIS IS YOUR OFFICIAL NOTIFICATION that the Montana Water Court has entered a Preliminary Decree containing the United States Fish and Wildlife Service, Bowdoin National Wildlife Refuge–Montana Compact. If the Court approves the Compact, it will enter a final decree adjudicating the reserved water rights of the United States as they are recognized in the Compact. That final decree will be binding on all water users in the Montana water rights adjudication.

WHAT IS A PRELIMINARY DECREE AND WHAT ARE YOUR RIGHTS AND OBLIGATIONS TO OBJECT TO THE COMPACT?

This Preliminary Decree is a decree entered by the Water Court in accordance with Mont. Code Ann. § 85-2-231. At this stage in the adjudication, all affected parties are required to state any objections that they may have to the Compact. If you do not agree with the water rights recognized by the Compact, you may file an objection and request a hearing and the Water Court will hear your objection. This will be your only opportunity to object to the United States Fish and Wildlife Service, Bowdoin National Wildlife Refuge–Montana Compact. Any Final Decree entered by the Water Court adjudicating the reserved water rights for the Bowdoin National Wildlife Refuge will be binding on you.

RIGHT TO APPEAL

If you do not participate in Water Court proceedings, your right to appeal an adverse decision is limited. Mont. Code Ann. § 85-2-235, provides that (1) a person whose existing rights and priorities are finally determined may appeal that determination only if: (a) the person requested a hearing and appeared and entered objections in the Preliminary Decree; (b) the person's rights or priorities as determined in the 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; 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) If the Attorney General participated as an intervenor as provided in Mont. Code Ann. § 85-2-248, the Attorney General may appeal a decision. (3) An interlocutory ruling by a water judge upon a question of law may be appealed by a party affected by the decision and who participated in the matter in which the ruling was issued.

SHOULD YOU FILE AN OBJECTION?

Only you can answer this question. To help you determine whether you should file an objection to the Compact, you should first examine the Compact and the abstracts. Your examination should not stop there, however. You should also compare the water rights in the Compact with the claims that you have filed with the Water Court or the water right permits or certificates that you have received from the Montana Department of Natural Resources and Conservation, and possibly the claims and permits of others within Basin 40M.

The following documents can be viewed at the list of offices identified below:

A. The FWS, Bowdoin National Wildlife Refuge Compact;

B. The water right abstracts for the Bowdoin National Wildlife Refuge;

C. All of the water rights claims that have been filed and all water right permits and certificates located in Basin 40M; and

D. The Court’s Order of April 2, 2014 authorizing this proceeding.

The offices at which the documents referenced above can be viewed are:

1. The Montana Water Court, 601 Haggerty Lane, Bozeman, Montana. (Bowdoin National Wildlife Refuge Compact, Preliminary Decree and Order for Commencement only.)

2. The following Montana Department of Natural Resources and Conservation offices:

a. Helena – Water Rights Adjudication Office, 910 Helena Ave. Telephone (406) 444-0560;

b. Glasgow – 222 Sixth Street South – Telephone (406) 228-2561

c. Havre – 210 Sixth Ave – Telephone (406) 265-5516

3. Clerk of District Court office for Phillips County, 314 S 2nd Ave W, Malta, MT 59538 (406) 654-1023 (FWS, Bowdoin National Wildlife Refuge Compact, Preliminary Decree and Order for Commencement only.)

Internet information at http://www.dnrc.mt.gov/wrd/adjudication/water_rts/adjudication is also available. Scroll down through the various basins to FWS, Bowdoin National Wildlife Refuge Compact. Click on FWS, Bowdoin National Wildlife Refuge Compact and click on the Decree information that interests you.

You may obtain a paper or electronic copy of the PRELIMINARY DECREE from the Department of Natural Resources and Conservation, Water Rights Bureau, P.O. Box 201601, Helena, MT, 59620-1601. The cost of a paper copy of the Decree, including the Index and abstracts (approximately 23 pages) is $20.00. An electronic copy of this Decree on CD, including the abstracts and Index, FWS, Bowdoin National Wildlife Refuge Compact, and Order of Commencement, is $10.00.

The FWS, Bowdoin National Wildlife Refuge Compact is published in section 85-20-1301 of the Montana Code Annotated beginning at page 993 of Volume 10 (2013 edition). The Montana Code Annotated can be found in many public offices, public libraries and is also available online via several sources.

HOW TO FILE AN OBJECTION AND REQUEST A HEARING

An objection to the Compact must be filed on forms provided by the Water Court. Objection forms can be found at any of the offices listed above. All objections must be filed and received by the Montana Water Court, P.O. Box 1389, Bozeman, Montana 59771-1389, on or before October 14, 2014 by 5:00 P.M.

LATE OBJECTIONS WILL NOT BE CONSIDERED.

INFORMATIONAL MEETING WITH THE WATER COURT

A Public meeting to explain the Water Court procedures and the FWS, Bowdoin National Wildlife Refuge Compact will be held by the Water Court in Malta, at 7:00 p.m. on Wednesday, May 14, 2014, at the Great Northern Hotel.

Representatives of the Settling Parties will be present to answer your questions.

ANY QUESTIONS?

Use our toll-free number 1-800-624-3270 (in Montana). Our regular office number is (406) 586-4364, and is not toll-free. Or call your regional DNRC office at the telephone number listed in paragraphs 2.b–2.c above.

DATED this 2nd day of April, 2014.

/s/Russ McElyea, Chief Water Judge

(Phillips County News: April 30, May 7, 14, 2014)

 

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