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Legals for November, 24 2021

| November 24, 2021 12:00 AM

No. 28179 PUBLIC NOTICE Notice to Water Users (Pursuant to Section 85-2-307, MCA) The following application has been submitted to change a water right in the State of Montana. THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PROPOSES TO GRANT AN APPLICATION TO CHANGE A WATER RIGHT. DESCRIBED BELOW ARE THE PERTINENT FACTS WHICH SUMMARIZE THE APPLICATION. THE PRELIMINARY DETERMINATION (PD) DOCUMENTING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ANY CONDITIONS ATTACHED TO THE WATER RIGHT ARE AVAILABLE ON THE INTERNET AT http://www.dnrc.mt.gov/wrd/. OBJECTION DEADLINE: JANUARY 22, 2022. THE DEPARTMENT CAN ONLY ACCEPT OBJECTIONS FILED ON AN OBJECTION TO APPLICATION, FORM 611. MAIL THE COMPLETED FORM AND THE $25.00 FILING FEE TO THE DNRC, PO BOX 201601, HELENA, MT 59620-1601 BY THE DEADLINE SPECIFIED. THE FORM IS AVAILABLE ON THE DEPARTMENT'S WEBSITE. DIRECT ANY QUESTIONS PERTAINING TO THE APPLICATION, TO OBTAIN THE PD OR OBJECTION FORM TO THE WATER RESOURCES OFFICE AT 655 TIMBERWOLF PARKWAY, SUITE 4, KALISPELL, MT 59901-2387 FAX: 406-752-2843 PHONE: 406-752-2288. Application Number: 76I 30152266 Applicant: COX MEDLICOTT LLC 9 CARIBOU ST BEDFORD, MA 01730 1922 WATER RIGHT NUMBER(S) BEING CHANGED Water Right Type STATEMENT OF CLAIM Water Right Number 76I 39614-00 Priority Date AUGUST 31, 1892 Historical Flow Rate: 12. GPM Historical Consumptive Volume: 0.05 AC-FT Historical Diverted Volume: 0.46 AC-FT PAST USE OF WATER WATER WAS DIVERTED FROM KELLY CREEK FOR DOMESTIC PURPOSES WHICH INCLUDED SOME LAWN AND GARDEN IRRIGATION. PLACE OF USE WAS IN GOVERNMENT LOT 2, NESWNW OF SECTION 15, TOWNSHIP 33N, RANGE 18W, FLATHEAD COUNTY, MT. THE HISTORIC POINT OF DIVERSION WAS IN THE SENWNW OF SECTION 15, TOWNSHIP 33N, RANGE 18W, FLATHEAD COUNTY, MT. PROPOSED CHANGE THE APPLICANT PROPOSES TO MOVE THE POINT OF DIVERSION FROM THE SENWNW SECTION 15, TOWNSHIP 33 NORTH, RANGE 18 WEST, FLATHEAD COUNTY, TO GOVERNMENT LOT 2, NESWNW SECTION 15, TOWNSHIP 33 NORTH, RANGE 18 WEST, FLATHEAD COUNTY. APPLICANT WILL USE MCDONALD CREEK (LAKE MCDONALD) AS A NATURAL CARRIER OF KELLY CREEK WATER TO THE NEW POINT OF DIVERSION ON LAKE MCDONALD. THE PROPOSAL WILL ALSO: UPDATE THE MEANS OF DIVERSION FROM "FLOWING" TO "PUMP"; REDUCE THE TOTAL DIVERTED VOLUME FROM 1.5 AF TO 0.46 AF PER THE APPLICANT'S HISTORIC USE DESCRIPTION; REDUCE THE PERIOD OF DIVERSION/USE FOR THE DOMESTIC PURPOSE FROM JANUARY 1 - DECEMBER 31 TO APRIL 15 - DECEMBER 15 PER THE APPLICANT'S HISTORIC USE DESCRIPTION; SEPARATE OUT THE LAWN AND GARDEN IRRIGATION PURPOSE VOLUME FROM THE DOMESTIC PURPOSE VOLUME; AND, ASSIGN THE PERIOD OF USE FOR THE LAWN AND GARDEN PURPOSE AS MAY 1 - SEPTEMBER 30 PER THE APPLICANT'S HISTORIC USE DESCRIPTION. ADDITIONAL INFORMATION A COMMUNITY WATER SYSTEM PROVIDED WATER TO NO MORE THAN TEN DIFFERENT CABINS IN KELLY'S CAMP. THIS APPLICATION IS ONLY FOR CABIN 5. THIS COMMUNITY WATER SYSTEM WAS DESTROYED IN THE 2018 HOWE RIDGE FIRE. PUBLISHED IN: DAILY INTER LAKE ON NOVEMBER 24, 2021. November 24, 2021 MNAXLP __________________________

No. 28180 PUBLIC NOTICE Notice to Water Users (Pursuant to Section 85-2-307, MCA) The following application has been submitted to change a water right in the State of Montana. THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PROPOSES TO GRANT AN APPLICATION TO CHANGE A WATER RIGHT. DESCRIBED BELOW ARE THE PERTINENT FACTS WHICH SUMMARIZE THE APPLICATION. THE PRELIMINARY DETERMINATION (PD) DOCUMENTING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ANY CONDITIONS ATTACHED TO THE WATER RIGHT ARE AVAILABLE ON THE INTERNET AT http://www.dnrc.mt.gov/wrd/. OBJECTION DEADLINE: JANUARY 22, 2022. THE DEPARTMENT CAN ONLY ACCEPT OBJECTIONS FILED ON AN OBJECTION TO APPLICATION, FORM 611. MAIL THE COMPLETED FORM AND THE $25.00 FILING FEE TO THE DNRC, PO BOX 201601, HELENA, MT 59620-1601 BY THE DEADLINE SPECIFIED. THE FORM IS AVAILABLE ON THE DEPARTMENT'S WEBSITE. DIRECT ANY QUESTIONS PERTAINING TO THE APPLICATION, TO OBTAIN THE PD OR OBJECTION FORM TO THE WATER RESOURCES OFFICE AT 655 TIMBERWOLF PARKWAY, SUITE 4, KALISPELL, MT 59901-2387 FAX: 406-752-2843 PHONE: 406-752-2288. Application Number: 76I 30152362 Applicant: ROSE, BERNICE E IRREVOCABLE TRUST 5713 WASHINGTON AVE EVANSVILLE, IN 47715 4257 WATER RIGHT NUMBER(S) BEING CHANGED Water Right Type STATEMENT OF CLAIM Water Right Number 76I 35719-00 Priority Date AUGUST 31, 1892 Historical Flow Rate: 12. GPM Historical Consumptive Volume: 0.06 AC-FT Historical Diverted Volume: 0.47 AC-FT PAST USE OF WATER WATER WAS DIVERTED FROM KELLY CREEK FOR DOMESTIC PURPOSES WHICH INCLUDED SOME LAWN AND GARDEN IRRIGATION. PLACE OF USE WAS IN GOVERNMENT LOT 2, NESWNW OF SECTION 15, TOWNSHIP 33N, RANGE 18W, FLATHEAD COUNTY, MT. THE HISTORIC POINT OF DIVERSION WAS IN THE SENWNW OF SECTION 15, TOWNSHIP 33N, RANGE 18W, FLATHEAD COUNTY, MT. PROPOSED CHANGE THE APPLICANT PROPOSES TO MOVE THE POINT OF DIVERSION FROM THE SENWNW SECTION 15, TOWNSHIP 33 NORTH, RANGE 18 WEST, FLATHEAD COUNTY, TO GOVERNMENT LOT 2, NESWNW SECTION 15, TOWNSHIP 33 NORTH, RANGE 18 WEST, FLATHEAD COUNTY. APPLICANT WILL USE MCDONALD CREEK (LAKE MCDONALD) AS A NATURAL CARRIER OF KELLY CREEK WATER TO THE NEW POINT OF DIVERSION ON LAKE MCDONALD. THE PROPOSAL WILL ALSO: UPDATE THE MEANS OF DIVERSION FROM "FLOWING" TO "PUMP"; REDUCE THE TOTAL DIVERTED VOLUME FROM 1.5 AF TO 0.47 AF PER THE APPLICANT'S HISTORIC USE DESCRIPTION; REDUCE THE PERIOD OF DIVERSION/USE FOR THE DOMESTIC PURPOSE FROM JANUARY 1 - DECEMBER 31 TO APRIL 15 - DECEMBER 15 PER THE APPLICANT'S HISTORIC USE DESCRIPTION; SEPARATE OUT THE LAWN AND GARDEN IRRIGATION PURPOSE VOLUME FROM THE DOMESTIC PURPOSE VOLUME; AND, ASSIGN THE PERIOD OF USE FOR THE LAWN AND GARDEN PURPOSE AS MAY 1 - SEPTEMBER 30 PER THE APPLICANT'S HISTORIC USE DESCRIPTION. ADDITIONAL INFORMATION A COMMUNITY WATER SYSTEM PROVIDED WATER TO NO MORE THAN TEN DIFFERENT CABINS IN KELLY'S CAMP. THIS APPLICATION IS ONLY FOR CABIN 4. THIS COMMUNITY WATER SYSTEM WAS DESTROYED IN THE 2018 HOWE RIDGE FIRE. PUBLISHED IN: DAILY INTER LAKE ON NOVEMBER 24, 2021. November 24, 2021 MNAXLP __________________________

No. 28183 PUBLIC NOTICE Notice to Water Users (Pursuant to Section 85-2-307, MCA) The following application has been submitted to appropriate water in the State of Montana. THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PROPOSES TO GRANT AN APPLICATION FOR BENEFICIAL WATER USE PERMIT. DESCRIBED BELOW ARE THE PERTINENT FACTS WHICH SUMMARIZE THE APPLICATION. THE PRELIMINARY DETERMINATION (PD) DOCUMENTING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ANY CONDITIONS ATTACHED TO THE WATER RIGHT ARE AVAILABLE ON THE INTERNET AT http://www.dnrc.mt.gov/wrd/. OBJECTION DEADLINE: JANUARY 22, 2022. THE DEPARTMENT CAN ONLY ACCEPT OBJECTIONS FILED ON AN OBJECTION TO APPLICATION, FORM 611. MAIL THE COMPLETED FORM AND THE $25.00 FILING FEE TO THE DNRC, PO BOX 201601, HELENA, MT 59620-1601 BY THE DEADLINE SPECIFIED. THE FORM IS AVAILABLE ON THE DEPARTMENT'S WEBSITE. DIRECT ANY QUESTIONS PERTAINING TO THE APPLICATION, TO OBTAIN THE PD OR OBJECTION FORM TO THE WATER RESOURCES OFFICE AT 655 TIMBERWOLF PARKWAY, SUITE 4, KALISPELL, MT 59901-2387, PHONE: 406-752-2288, FAX: 406-752-2843. IF ISSUED, THE RIGHT WILL BE SUBJECT TO PRIOR EXISTING WATER RIGHTS. Application Number: 76LJ 30152342 Owners: FINK, ROBERT A & DONNA Y LIVING TRUST 6336 US HWY 93 WHITEFISH, MT 59937 8235 Priority Date: MAY 24, 2021 at 01:03 P.M. Purpose (Use): COMMERCIAL LAWN AND GARDEN MULTIPLE DOMESTIC Maximum Flow Rate: 300.00 GPM Maximum Volume: 54.40 AC-FT Maximum Acres: 20.00 Source Name and Type: GROUNDWATER Diversion Means: WELL Points of Diversion and Means of Diversion: Govt Lot: 4; Qtr Sec: NENWNW; Sec 5; Twp 28N; Rge 20W; County FLATHEAD Period of Diversion: JANUARY 1 TO DECEMBER 31 ID 1; Well Depth: 355.00 FEET Static Water Level: 35.00 FEET ID 2; Well Depth: 335.00 FEET Static Water Level: 40.00 FEET Purpose (Use): COMMERCIAL Volume: 0.76 AC-FT Period of Use: JANUARY 1 to DECEMBER 31 Place of Use: Qtr Sec: NW; Sec 5; Twp 28N; Rge 20W; County FLATHEAD ID 1; Purpose (Use): LAWN AND GARDEN Volume: 38.74 AC-FT Period of Use: APRIL 15 to OCTOBER 15 Total: 20.00 ID 1; Purpose (Use): MULTIPLE DOMESTIC Households: 38 Volume: 14.90 AC-FT Period of Use: JANUARY 1 to DECEMBER 31 PUBLISHED IN: DAILY INTER LAKE ON NOVEMBER 24, 2021. November 24, 2021 MNAXLP __________________________

No. 28177 REQUEST FOR QUALIFICATIONS LIFT STATION BYPASS AND EQUIPMENT BUILDING PROJECT The Flathead County Water District No.1 - Evergreen (The District), Flathead County, Montana is requesting sealed qualifications packages from qualified firms, teams, or consultants interested in providing professional engineering services to the District for planning, engineering design, preparation of construction drawings and specifications, bidding assistance, and construction administration for the development of bypass pumping facilities at three of the District's lift stations, #2, #15, and #19; and a heated equipment building on the Lift Station No. 19 property. The District invites qualified consultants to submit a qualification package based upon the scope of the work contained within this Request for Qualifications (RFQ). The District shall not be held responsible for any oral instructions. Changes to this RFQ will be advertised or can be found on the District's website: http://www.evergreenwaterdistrict.com/. This document is intended to provide interested consultants with sufficient information to prepare and submit a statement of qualifications (SOQ) for consideration by the District. The District reserves the right to reject any or all SOQs, to waive any informality or irregularity in any SOQ received, and to be the sole judge of the merits of the respective SOQs received. The Service Provider will be selected on the basis of demonstrated competence and qualifications for the type of services required and thereafter the District will negotiate the services agreement with what it deems to be the most qualified company. PROJECT DESCRIPTION and SCOPE OF WORK The District currently operates a wastewater collection system within the Community of Evergreen which is divided into twenty-five separate collection areas. Each collection area discharges to one of the twenty-five lift stations (step-system) which is progressively pumped to the next downstream collection area until the wastewater reaches the final lift station, Lift Station No. 19 (LS#19). LS#19 is the District's primary lift station which ultimately pumps all of the District's wastewater through a 14-inch force main that runs 22,010 ft and terminates at the City of Kalispell's Wastewater Treatment Plan for treatment. A Preliminary Engineering Report (PER) was prepared for the District's Wastewater Collection System (completed in October, 2021) which evaluated infiltration and inflow throughout the collection system and assessed the condition of all of the District's lift stations in the system. The PER also evaluated alternatives for bypass pumping facilities at three of the primary lift stations including LS#2, LS#15, and LS#19. LS #2, constructed in 1994, is located west of Park Avenue and East Cottonwood Drive (127 feet), just off the north road shoulder of East Cottonwood Drive. The station currently consists of a circular concrete wet well with duplex submersible pumps, a submersible pressure transducer, a back-up low level and high-level floats, and a circular concrete valve vault with a carbon filter for venting the wet well. A backup emergency generator and automatic transfer switch (ATS) provide backup power during utility power outages. The existing control panel has not been upgraded since 1994 except for the Allen Bradley PLC, which was installed in 2006 by Industrial Process Controls, Inc. LS#2 has a design rated capacity of 951 GPM. LS#15, constructed in 1994, is located at the southwest corner of the old K-Mart parking lot. The station currently consists of a circular concrete wet well with duplex submersible pumps, a submersible pressure transducer, a back-up low level and high-level floats, and a circular concrete valve vault with a carbon filter for venting the wet well. A backup emergency generator & automatic transfer switch (ATS) provide backup power during utility power outages. The existing control panel has not been upgraded since 1994 except for the Allen Bradley PLC, which was installed in 2006 by Industrial Process Controls, Inc. LS#15 has a rated capacity of 842 GPM. LS#19, constructed in 1994, is located to the south of Subway, just off MT HWY No.35 (1,260 feet), just behind Snappy's. The station currently consists of a main wet well/dry well configuration with three motors and pumps in the station's basement. The controls for the station are on the street level of the building. The wet well utilizes a pressure transducer with backup low-level and high-level floats. A backup emergency generator and automatic transfer switch (ATS) provide backup power during utility power outages. The existing control panel has not been upgraded since 1994 except for the Allen Bradley PLC, which was installed more recently by Industrial Process Controls, Inc. LS#19 has a rated capacity of 1,160 GPM with a single pump (lowest rate) running. The District's SCADA system continuously receives alarms and pump run times and flow data from the LS#19. Warnings are communicated through the SCADA system via radio telemetry to District personnel. Key project work items include the following items: Development of new emergency bypass pump stations for LS#2 and LS#15 including bypass piping and fittings; a portable bypass pump that could be deployed at either station, controls, electrical modifications, generator, and minor site repairs. Development of a new emergency bypass pump station for LS#19 including headworks and screen, headworks building, diversion structure, bypass pump station, generator, associated yard piping, sitework and grading, and electrical improvements. Consultant shall coordinate with the District to scope an initial planning effort to review and evaluate the 2021 PER recommendation for the bypass facilities and siting; and complete a value engineering effort on the PER recommendation. Development of a heated odor-controlled equipment storage building on the LS#19 property. Building shall be designed for the sizing requested by the district and include all civil site, structural, architectural, electrical, and MEP requirements. Final Scope of Work will be established during negotiations, but key tasks will include: Coordination with the District's staff on specific project requirements throughout the planning, design, bidding and construction phases of the project. Completion of a planning/value engineering study of the 2021 PER recommendation for the facilities and siting of the LS#19 bypass. Agency coordination assistance. The consultant will aid the District in complying with agency funding requirements including preparing District reimbursement requests, progress reporting, monitoring contractor reporting of prevailing wage compliance, and other tasks as required. The project will be funded in part with grants or loans or a combination of both. Design of the bypass pumping facilities including equipment, piping, electrical, controls and other site improvements in accordance with Circular DEQ 2, and other applicable standards and regulations, and preparation of plans and specifications. Design of the heated odor-controlled equipment storage building at LS#19 including all site civil, structural, architectural, electrical, and MEP improvements in accordance with State and local building standards and codes. Permitting including DEQ Plan review and approval, others as required. Bid assistance, including preparation of bid documents, holding pre-bid meeting, and keeping minutes, addenda preparation and delivery, responding to bidder questions as needed, conducting bid opening, tabulation and analysis of bids received, recommendation of award, preparation of notice of award, contract and notice to proceed. Construction assistance including construction administration and inspections, review of monthly Contractor pay requests, weekly progress reports to the District, attendance at District Board meetings as required. Project closeout including required certifications and preparation of Record Drawing and Operation and Maintenance Manuals. Additional tasks may be added to the work during negotiations or by contract amendment. PROJECT DELIVERABLES It is anticipated that the project will consist of, but not limited to, planning/value engineering report, construction drawings and specifications, record drawings, integration, and other related content, materials, and activities. Further deliverables may be negotiated with consultant's scope. SUBMITTAL FORMAT AND RFQ CONTENT Five hard copies and one searchable digital copy of the SOQ must be submitted by 3:00 pm (Local Time) December 10, 2021 to: Flathead County Water District No.1 - Evergreen Attn: Assistant General Manager 130 Nicholson Drive Kalispell, Montana 59901 Responses will be received no later than 3:00 pm (Local Time) on December 10 , 2021, in a sealed envelope clearly marked on the outside "Lift Station Bypass and Equipment Building Project". Legibility, clarity, and completeness is essential. The SOQ must be organized in accordance with this section. Brevity is appreciated by the District's staff and Board Members reviewing the SOQs. The SOQ may not exceed the page limits described below and font size shall be 11 point or larger. Covers, dividers, and a table of contents are not included in the page count. Key personnel resumes shall be included in Appendix A as outlined below and not included in the page count. When using double sided printing, each side of a page is counted as one page. A SOQ exceeding the specified number of pages may be considered non-responsive, and the SOQ may not be considered. The SOQs shall contain the following information at a minimum: The firm's legal name, address, and telephone number; The experience and qualifications of the staff to be assigned to the work; A description of the firm's prior experience working in the Flathead Region as well as experience with similar projects including the name of the local official knowledgeable regarding the firm's performance (references); A Description of the firm's project team's current work activities and how these would be coordinated with the project, as well as the firm's anticipated availability and local presence and inspection during the term of the project; The firm's preliminary work plan with each team member's responsibility. To provide for a degree of consistency in review of the SOQs, firms are requested to prepare their SOQs in the standard format and points given below. Introductory letter (Not to exceed one page, 0 points) If desired an introductory letter can be provided and limited to one page and will not be scored. Qualifications of the Professional Personnel Assigned to the Project (Not to exceed 5 pages, 25 points) Provide an overview of the consultant team highlighting their experience, qualifications, and technical capabilities the are relevant to the project. Briefly describe the consultant's team key personnel's experience, qualifications, and role on this project. Resumes for the key staff shall be provided in Appendix A but will be scored within this section. Provide an organizational chart of the proposed project team. Indicate the number of projects that will be managed by the project manager and under by the lead engineer during the time they will be assigned to this project. Previous Project Experience and Project Examples (Not to exceed 5 pages, 25 points) Provide descriptions of the projects delivered by the project team. Projects reference shall be similar scope and magnitude to this project. Previous Experience in the Flathead Valley and Proximity to Evergreen (Not to exceed 2 pages, 15 points) Provide information regarding past experience working with the District. Present and projected Workloads with Capability to meet Time and Budget Requirements (Not to exceed 2 pages, 20 points) Provide a discussion regarding the anticipated workload for the Project Manager and Lead Engineer during the time frame this project will occur (Month, Day, Year - Month, Day, Year). Provide a brief description of the tools and processes used to manage the project and budget. Work Plan (Not to exceed 2 pages, 15 points) Provided work plan with proposed work and team management Appendix A: Key Staff Resumes (No page limit, 0 points - Points awarded in above scoring above) Provide 1- page resumes for the consultant's team Key Staff GENERAL INFORMATION The District may select one or more firms submitting SOQs as finalist. Finalist may be interviewed to further establish qualifications. One firm will be selected to submit a formal scope of services and fee for the work and to negotiate a contract with the District. If an appropriate agreement cannot be reached with the highest ranked firm, the second ranked firm may be invited to submit a scope and fee proposal and negotiate a contract with the District, and so on. The District reserves the right to reject any or all SOQs and re-advertise, to waive any irregularities in the SOQ, and to accept the SOQ that best benefits the District. The District reserves the right to negotiate an agreement based on fair and reasonable compensation for the scope of work and services proposed as well as the right to reject any and all responses deemed unqualified, unsatisfactory, or inappropriate. All SOQs received become property of the District. The District is not responsible for any cost associated with preparing SOQs in response to the RFQ. Questions should be directed to Rob Collier, Assistant General Manager Flathead County Water District No.1 - Evergreen, 130 Nicholson Drive, Kalispell, MT 59901, 406-257-5861, or rcollier@evergreenwaterdistrict.com Except for the advertising dates and advertised due date, the District reserves the right to modify the timeline without notice to respondents. November 17, 24, 2021 MNAXLP __________________________

No. 28188 NOTICE IS HEREBY GIVEN that Charles O. LaChance has been appointed Personal Representative of The Estate of Clayton T. LaChance in the Montana Eleventh Judicial District Court, Cause No. DP-21-347B. All persons having claims against the decedent 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 either be mailed to Charles O. LaChance, c/o Frampton Purdy Law Firm, 530 West 19th Street, Suite 301, Whitefish, MT 59937-2576, or filed with the Clerk of Court. DATED this 19th day of November, 2021. /s/ Connor C. Walker Frampton Purdy Law Firm November 24, December 1, 8, 2021 MNAXLP __________________________