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Legal Notices for June 12, 2008

Legal Notices for June 12, 2008

MINERAL COUNTY PLANNING BOARD PUBLIC HEARING JUNE 16, 2008

Notice of Application for Motor Vehicle Wrecking Facility

Friendly Reminder 2008 MOBILE HOME TAXES

MINERAL COUNTY TRANSPORTATION COMMITTEE meeting June 24, 2008

MINERAL COUNTY COMMISSIONERS PUBLIC HEARING FOR SUNSET SALVAGE – MOTOR VEHICLE WRECKING FACILITY JUNE 25, 2008

NOTICE OF ENTRY OF USDA FOREST SERVICE - MONTANA COMPACT PRELIMINARY DECREE AND NOTICE OF AVAILABILITY
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MINERAL COUNTY PLANNING BOARD PUBLIC HEARING JUNE 16, 2008

The hearing will be held at 6:00 PM in the Commissioners Conference Room located in the Courthouse Annex, 300 River Street, Superior. The proposed Elk View Estates Subdivision a 15 lot major subdivision located approximately 5.25 miles northwest of Superior off T-Bird Lane.

All proposed lots are single family residential with individual septic systems and wells. The developers, Ernest and Deloris Eggler, of Elk View Estates desire to have reconsideration for the requirement for paving prior to final plat approval. Reconsideration for the proposed 10,000 gallon water storage tank for fire suppression is requested. The proposed Elk View subdivision will share a common access road named T-Bird Lane with the existing Bald Hill River View subdivision. Parkland dedication or cash in lieu of parks will apply.

The Planning Board will discuss Part 4 and Part 5 of the Growth Policy and updates from the planner. Copies of Part 4 and Part 5 of the Growth Policy are available at the Mineral County Environmental Health and Planning office located in the court house or on the web at www.co.mineral.mt.us.

The Planning Board will consider a resolution recommending the final draft of the Growth Policy to Mineral County Commissioners and the Councils of Alberton and Superior. If you have questions please contact the Mineral County Environmental Health and Planning Department - 822-3525, or send your comments by June 13, 2008, to PO Box 396, Superior, MT 59872.

Publish in Clark Fork Chronicle May 29, June 5, 12.

NOTICE
An application for the licensing of a motor vehicle wrecking facility has been submitted to the Montana Department of Environmental Quality, Motor Vehicle Recycling & Disposal Program, PO Box 200901, Helena, MT, 59620-0901, for review. The name and address of the applicant follow: Sunset Salvage, Donals Ray Mellen, Superior, MT 59872-0741 The Proposed motor vehicle wrecking facility will be in Mineral County. This facility will be located at 256 Mullan Road W, Superior MT. The legal description of the approximately 2 acres in size. The Purpose of this notice is to inform the public of the proposed location and to see their participation in the decision-making process, pursuant to the Motor Vehicle Recycling & Disposal Act, 75-10-516 MCA. A 30-day period for the date of this notice will be given for the public to submit written comments to the Department concerning the proposed facility. Dated this 23rd day of May 2008.

Publish in Clark Fork Chronicle May 29, June 5, 12, 19, 2008.

Friendly Reminder
DUE JUNE 13, 2008 1ST HALF – 2008 MOBILE HOME TAXES
Annabelle Getz, Mineral County Treasurer

Publish in the Clark Fork Chronicle June 12, 2008

NOTICE
THE MINERAL COUNTY TRANSPORTATION COMMITTEE will hold its spring meeting on June 24, 2008, at 10:00 AM in the Mineral County Commissioners' office in the Courthouse Annex, Superior, MT. If anyone attending this meeting needs special assistance, please provide advanced notice by calling (406)258- -4860. Auxiliary aids and services will be provided.

Publish in Clark Fork Chronicle June 12 and 19, 2008.

MINERAL COUNTY COMMISSIONERS PUBLIC HEARING FOR SUNSET SALVAGE – MOTOR VEHICLE WRECKING FACILITY JUNE 25, 2008

The hearing will be held at 1:30 AM in the Commissioners’ Conference Room located in the Courthouse Annex, 300 River Street, Superior.

The proposed Sunset Salvage motor vehicle wrecking facility owned by Donald and Margaret Mellen will be located at 256 Mullan Road W., Superior, MT. The legal description of the facility is in SW ¼ Section 20, Township 17 North, Range 26 West. The facility is approximately 2 acres in size. The Department of Environmental Quality is responsible for issuing the motor vehicle wrecking facility license.

If you have questions, please contact the Mineral County Environmental Health and Planning Department – 822-3525. Written comments may be sent to Mineral County Commissioners, PO Box 550, Superior, MT 59872. Please send written comments so they are received by June 20, 2008.

Publish in Clark Fork Chronicle June 12 and 19, 2008.

IN THE WATER COURT OF THE STATE OF
MONTANA - USDA FOREST SERVICE – MONTANA
COMPACT Case No. WC-2007-03
NOTICE OF ENTRY OF USDA FOREST SERVICE
- 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 claimed by the United States of America on
behalf of the U.S. Department of Agriculture - Forest
Service (“USDA Forest Service”). The USDA Forest
Service – Montana Compact (“the 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 present and future consumptive
uses for discrete and dispersed administrative
water uses on National Forest System Lands and emergency
fire suppression in 50 of Montana’s 85 water
basins, and for instream flows for the South Fork
Flathead Wild and Scenic River (Basin 76J). If you have
filed a statement of claim, have applied for or received a
permit to appropriate water, or have a water reservation
in one of the 50 basins in which a reserved water right
in the Compact is located, your water rights may be
affected by the Compact and you should review the
Compact. Accordingly,
THIS IS YOUR OFFICIAL NOTIFICATION that
the Montana Water Court has entered a Preliminary
Decree containing the USDA Forest Service-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 (2007). 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 USDA Forest Service-
Montana Compact. Any Final Decree entered by the
Water Court adjudicating the reserved water rights for
the National Forest System Lands, and the South Fork
of the Flathead Wild & Scenic River 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.
Section 85-2-235, MCA, 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 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 must 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 the 50 affected
Basins.
The following documents can be viewed at the list
of offices identified below:
A. The USDA Forest Service Compact;
B. The abstracts of the water rights for each of the
current and future discrete administrative uses and the
abstract for the South Fork of the Flathead Wild &
Scenic River; C. All of the water rights claims that have
been filed and all water right permits and certificates
located in the 50 water basins affected by the Compact;
and
D. The Court’s Order of May 19, 2008 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. (USDA Forest Service Compact,
Findings of Fact, Conclusions of Law and Order of
Commencement only.)
The following Montana Department of Natural
Resources and Conservation offices:
a. Helena - Water Rights Adjudication Office, 910
Helena Ave.
Telephone (406) 444-0560;
b. Billings - 1371 Rimtop Dr. - Telephone (406)
247-4415;
c. Bozeman - 2273 Boothill Court – Telephone (406)
586-3136;
d. Havre - 210 Sixth Ave – (406) 265-5516;
e. Kalispell - 109 Cooperative Way, Suite 110 –
Telephone (406) 752-3267;
f. Lewistown - 613 NE Main, Suite E – Telephone
(406) 538-7459;
Missoula - 1610 S Third St. Suite 103 – Telephone
(406) 721-4284.
Clerk of District Court office for the following counties:
Beaverhead, Broadwater, Carbon, Carter, Cascade,
Chouteau, Custer, Deer Lodge, Fergus, Flathead,
Gallatin, Glacier, Golden Valley, Granite, Jefferson,
Judith Basin, Lake, Lewis and Clark, Lincoln, Madison,
Meagher, Mineral, Missoula, Park, Pondera, Powder
River, Powell, Ravalli, Rosebud, Sanders, Silver Bow,
Stillwater, Sweet Grass, Teton, and Wheatland. (USDA
Forest Service Compact, Abstracts, Findings of Fact,
Conclusions of Law and Order of Commencement
only.)
Internet information at www.dnrc.mt.gov/ wrd/ adjudication/
water_rts/ adjudication is also available. Scroll
down through the various basins to Forest Service
Compact. Click on Forest Service 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 this Decree, including the
Index, abstracts and Findings and Conclusions (approximately
500 pages) is $40.00. An electronic copy of this
Decree on CD, including the abstracts, Index, and
Findings and Conclusions is $10.00.
The USDA Forest Service Compact is published in
Section 85-20-1401 of the Montana Code Annotated
beginning at page 976 of Volume 10 (2007 edition). The
Montana Code Annotated can be found in many public
offices and public libraries.
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, before
NOVEMBER 15, 2008. LATE OBJECTIONS WILL
NOT BE CONSIDERED.
INFORMATIONAL MEETING WITH THE CHIEF
WATER JUDGE
Public meetings to explain the Water Court procedures
and the USDA Forest Service Compact will be
held by the Chief Water Judge in:
Billings, at 7:00 p.m. on July 14, 2008, in the conference
room of the Custer National Forest Supervisor’s
Office, 1310 Main Avenue;
Lewistown, at 7:00 p.m. on July 15, 2008, in the
main conference room of the BLM Lewistown Field
Office, 920 NE Main Street;
Dillon, at 7:00 p.m. on July 16, 2008, in the Old
Depot Theater, 15 South Montana Avenue;
Kalispell, at 7:00 p.m. on July 17, 2008, in the
Flathead National Forest Office, 650 Wolfpack Way;
Missoula, at 7:00 p.m. on July 18, 2008, in the
Training Center of the Missoula Technology and
Development Center (MTDC), 5785 Highway 10 West;
and
Bozeman, at 7:00 p.m. on July 22, 2008, in the large
conference room of the Bozeman Public Library, 626
East Main.
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.g.
above.
DATED this 19th day of May, 2008.
C. Bruce Loble
Chief Water Judge
Publish in Clark Fork Chronicle June 5, 12, 19, 2008.

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