One Nation, Under God

Legals for week of May 14, 2014

NOTICE OF SOLICITATION OF SEALED BIDS

The Phillips County Ambulance Service is accepting sealed bids for the following vehicle:

1989 E-350 Ford Diesel

V IN# 1FDKE30M7KHC28821

NO BIDS WILL BE CONSIDERED UNLESS: Received at the Phillips County Commissioner’s Office P.O. Box 360, Malta MT 59538, no later than 1:00 PM Monday, May 19, 2014. Bids are to be presented in a sealed envelope containing a complete copy of the bid and clearly marked on the outside of the envelope: “Vehicle Bid.” Bids will be opened at 2:00 PM on May 19, 2014. The Phillips County Commissioners reserve 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 News May 7, 14, 2014)

NOTICE IS HEREBY GIVEN that Primary Absentee Ballots were mailed on Monday, May 5, 2014, according to Phillips County Election Administrator Marian Ereaux.

If you did not receive an absentee ballot please contact the Phillips County Election Office at 654-2423.

Absentee ballots will be available until noon on Monday, June 2, 2014.

(Phillips County News May 7, 14, 21, 28 2014)

Notice: Solicitation of Sealed Bids

The Phillips County Ambulance Service us accepting sealed bids

for the following vehicle:

1989 E-350 Ford Diesel

VIN# 1FDKE30M7KHC28821

No Bids will Be considered unless: Received at the Phillips County Commissioner’s Office P.O. Box 360, Malta MT 59538, no later than 1 PM Monday, May 19, 2014. Bids are to be presented in a sealed envelope containing a complete copy of the bid and clearly marked on the outside of the envelope: “Vehicle Bid.” Bids will be opened at 2 PM on May 19, 2014. The Phillips County Commissioners reserve 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 News May 7, 14, 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)

NOTICE OF Annual Drinking Water Quality Report -- City of Malta

PWSID#MT0000284 -- PO Box 1300, Malta, MT 59538

We’re very pleased to provide you with this year's Annual Quality Water Report. We want to keep you informed about the excellent water and services we have delivered to you over the past year. Our goal is and always has been, to provide to you a safe and dependable supply of drinking water. Our water source is ground water from four wells. At the present time we serve approximately 1800 people. We have completed a source water protection plan that provides more information such as potential sources of contamination to our drinking water supply. This plan can be found online at http://apps.msl.mt.gov/Geographic_Information/Data/SourceWaterProtectionProgram/

Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the EPA’s Safe Drinking Water Hotline (800-426-4791).

The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity.

Contaminants that may be present include:

Microbial contaminants, such as viruses and bacteria, that may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife;

Inorganic contaminants, such as salts and metals, which can be naturally occurring or result from urban stormwater runoff, industrial, or domestic wastewater discharges, oil and gas production, mining, or farming;

Pesticides and herbicides, which may come from a variety of sources such as agriculture, urban stormwater runoff, and residential uses;

Organic chemical contaminants, including synthetic and volatile organic chemicals, which are by-products of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff, and septic systems;

Radioactive contaminants, which can be naturally occurring or be the result of oil and gas production and mining activities.

In order to ensure that tap water is safe to drink, EPA prescribes regulations that limit the amount of certain contaminants in water provided by public water systems. Food and Drug Administration (FDA) regulations establish limits for contaminants in bottled water which must provide the same protection for public health.

We’re pleased to report that our drinking water is safe and meets federal and state requirements.

If you have any questions about this report or concerning your water, please contact John Demarais. He is the Director of Public Works and can be reached at 654-1251. You may also attend our meetings. They are held on the second and fourth Tuesday of each month at 7:00 p.m. in the Council Chambers at the City Hall.

The City of Malta routinely monitors for constituents in your drinking water according to Federal and State laws. The following table shows the results of any detects in our monitoring for the period of January 1st to December 31st, 2013. For constituents that are not monitored yearly, we have reviewed our records back the last five years. Malta has been issued a waiver for certain inorganic contaminants. This waiver allows our water system to sample only once every 9 years for these regulated contaminants: barium, cadmium, chromium, fluoride, mercury, selenium. Past sampling for these contaminants has shown that they are not present in our water supply, or occur in such small amounts that they are not considered a health hazard. This waiver is in effect from 2011 through 2020.

We have monitored for lead and copper, and all of our samples are in compliance with the Lead and Copper Rule. If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. Malta is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline or at http:/

/www.epa.gov/safewater/lead.

Parameter Date 90th % value Units Action level Source of Contamination

Lead 9/14/11 1 Ppb 15 Household plumbing

Copper 9/14/11 0.48 Ppm 1.3 Household plumbing

In the tables above and below you will find many terms and abbreviations you might not be familiar with. To help you better understand these terms we've provided the following definitions:

Parts per billion (ppb) or Micrograms per liter (ug/l) - one part per billion corresponds to one minute in 2000 years or a single penny in $10,000,000.

Parts per million (ppm) or Milligrams per liter (mg/l) - one part per million corresponds to one minute in two years or a single penny in $10,000.

Action Level - the concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a water system must follow.

Treatment Technique (TT) - (mandatory language) A treatment technique is a required process intended to reduce the level of a contaminant in drinking water.

Maximum Contaminant Level - (mandatory language) The “Maximum Allowed” (MCL) is the highest level of a contaminant that is allowed in drinking water. MCLs are set as close to the MCLGs as feasible using the best available treatment technology.

Maximum Contaminant Level Goal - (mandatory language) The “Goal”(MCLG) is the level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safety.

Picocuries per liter (pCi/L)-picocuries per liter is a measure of the radioactivity in water.

TEST RESULTS

Contaminant Violation Sample Highest Range Unit MCLG MCL Likely

Y/N Date Level Measure Source of

Detected ment Contamination

Inorganic Contaminants

Nitrate+nitrite as N N 10/21/13 0.56 0.14-0.56 Ppm 10 10 Erosion of natural

deposits

Fluoride N 10/21/13 0.74 0.3-0.4 Ppm 4 4 Erosion of natural

deposits

Selenium N 10/21/13 1 ND-1 Ppb 50 50 Erosion of natural

deposits

Barium N 10/21/13 0.05 ND-0.05 Ppm 2 2 Erosion of natural

deposits

Disinfection By-Products

Total By-Product of

Trihalomethanes N 8/23/11 16 Ppb 0 80 chlorination

Haloacetic Acids N 8/23/11 5.1 Ppb 0 60 By-Product of

(HAAs) chlorination

Radioactive Contaminants

Gross Alpha N 11/29/10 10 4-10 Pci/L 0 15 Erosion of natural

deposits

Uranium N 11/29/10 9 9-9 Ppb 0 30 Erosion of natural

deposits

Our system had two violations. We failed to submit our 2012 consumer confidence report to the state by 07/01/2013. We also failed to test our drinking water for Asbestos between 2011 and 2013. Because of this failure, we cannot be sure of the quality of our drinking water during this period.

We’re proud that your drinking water meets or exceeds all Federal and State requirements. We have learned through our monitoring and testing that some constituents have been detected. The EPA has determined that your water IS SAFE at these levels.

MCL’s are set at very stringent levels. To understand the possible health effects described for many regulated constituents, a person would have to drink 2 liters of water every day at the MCL level for a lifetime to have a one-in-a-million chance of having the described health effect.

Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. EPA/CDC guidelines on appropriate means to lessen the risk of infection by cryptosporidium and other microbiological contaminants are available from the Safe Drinking Water Hotline (800-426-4791).

We ask that all our customers help us protect our water sources, which are the heart of our community, our way of life and our children’s future.

(Published Phillips County News: May 14, 2014)

 

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