Wednesday, April 24, 2024

Legals for November, 23 2021

| November 23, 2021 12:00 AM

Public Notice: Envirocon/Dick Anderson Construction Joint Venture, 5512 Montana Highway 37, intends to temporarily lease and change water rights from the Kootenai River, Rainy Creek, and/or Carney Creek located near Libby, Montana pursuant to MCA ยง 85-2-402. The Lessor and owner of the water rights is the Kootenai Development Co., 7500 Grace Drive, Columbia, Maryland 21044. The Montana DNRC water right numbers for the temporarily changed water rights are 76D 303-00, 76D 304-00, 76D 305-00, 76D 310-00, and 76D 30023375. The purpose of the lease is for road construction and dust abatement. The source of water to be used under the temporary change is the Kootenai River, Rainy Creek, and/or Carney Creek. The diversion of water is proposed to start on January 11,2022 and end on April 11, 2022. Under the temporary change: The proposed point of diversion for water rights 76D-30023375 and 76D-304-00 is the NE1/4, S1/4, NE1/4 of Section 32 in Township 31 North, Range 30 West Lincoln County on the Kootenai River; the proposed point of diversion for water rights 76D 303-00, 76D 305-00, and 76D 310-00 will be the NW1/4 NE1/4 SE1/4 of Section 21, Township 31 North, Range 30 West Lincoln County, at the Mill Pond located at the confluence of Carney Creek and Rainy Creek; the proposed place of use is in sections 15, 16, 21, 22, 28 and 32 all in Township 31 North, Range 30 West Lincoln County. The maximum flow rate and volume for all water rights will not be exceeded, and the cumulative diversion and use of any rights will not exceed 120,000 gallons per day. The industrial water used under water rights 76D 303-00, 76D 304-00, 76D 305-00, 76D 310-00 will be temporarily curtailed during the term of this lease. The water right is not abandoned and the point of diversion and means of diversion are still functional. The 14.2 acres of irrigation use under water right 76D-30023375 will also be temporarily curtailed during the term of this lease. Analysis of flow records provided by the USGS at stream gauging station 12301933for the Kootenai River below Libby Dam near Libby Montana show that the minimum flow rate for the Kootenai River is 3,000 cfs ( Withdrawing 120,000 gallons of water per day is approximately 0.0062% of the daily minimum flow of the Kootenai River which can be considered de minimis. The proposed point of diversion is not moving upstream or downstream of any other existing water user on the Kootenai River. There are no other water rights on Rainy Creek or Carney Creek, that could be adversely effected by the lease. Use of any water rights will continue to operate in priority, and within the historic appropriation. Accordingly, it does not appear that the water use will cause adverse effect to any other water users. If any water users are adversely effected, diversions will be immediately curtailed until the adverse effects subside. Questions, comments or concerns can be communicated to the Lessor representative Hafferman Engineering Inc. at Published In The Western News November 23, 2021. MNAXLP

PUBLIC OPPORTUNITY TO PROTEST ISSUANCE OF ONE NEW MONTANA ALL-ALCOHOLIC BEVERAGES LICENSE FOXY'S BAR AND RV PARK LLC (Steven Ray and Jacquiline S. Myers, Owner(s)) has applied for one new Montana All-Alcoholic Beverages License No. 56-999-4310-001 to be operated at FOXY'S BAR AND RV PARK LLC, 42985 Us Highway 2, Libby, Lincoln County. The public may protest this license transfer in accordance with the law. Who can protest this transfer? Protests will be accepted from residents of the county of the proposed location Lincoln County, residents of adjoining Montana counties, and residents of adjoining counties in another state if the criteria in 16-4-207(4)(d), Montana Code Annotated (MCA), are met. What information must be included? Protest letters must be legible and contain (1) the protestor's full name, mailing address, and street address; (2) the license number 56-999-4310-001 and the applicant's name FOXY'S BAR AND RV PARK LLC; (3) an indication that the letter is intended as a protest; (4) a description of the grounds for protesting; and (5) the protestor's signature. A letter with multiple signatures will be considered one protest letter. What are valid protest grounds? The protest may be based on the applicant's qualifications listed in 16-4-401, MCA, or the grounds for denial of an application in 16-4-405, MCA. Examples of valid protest grounds include: (1) the applicant is unlikely to operate the establishment in compliance with the law; (2) the proposed location cannot be properly policed by local authorities; and (3) the welfare of the people in the vicinity of the proposed location will be adversely and seriously affected. How are protests submitted? Protests must be postmarked to the Department of Revenue, Office of Dispute Resolution, P.O. Box 5805, Helena, Montana 59604-5805 on or before December 24, 2021. What happens if the transfer is protested? Depending on the number of protests and the protest grounds, a public hearing will be held in Helena or Libby. All valid protestors will be notified of the hearing's time, date and location. Hearings typically are scheduled within 90 days. A protester's hearing testimony is limited to the grounds in the protester's letter. Following the hearing, the Department of Revenue will notify the public whether the license transfer is approved or denied. How can additional information be obtained? The cited MCA statutes are online at Questions may be directed to Charlene Sholey, Compliance Specialist for the Department of Revenue's Alcoholic Beverage Control Division, at 444-3505 or Published In The Western News November 23, 29, December 7 & 14, 2021. MNAXLP