Legals for October, 6 2021
No. 28091 BATAVIA SELF STORAGE NOTICE OF AUCTION BY PUBLICATION On Saturday, October 16th 2021, at 11:00AM Batavia Self Storage, pursuant to MCA 70-6-607, will auction to the highest bidder by silent written bid the contents of abandoned storage units owing delinquent storage rent for the following unit numbers: 22, 183, 340, 40, 332, 272, 291, YD2, YD13. The units contain household goods, furniture, tools, electronic equipment, sporting goods, vehicle and motor home. Buyer's bid will be for the entirety of the contents of each unit. Only cash, cashier's checks and money orders accepted for payment NO CHECKS OR CREDIT CARDS. Batavia Self Storage reserves the right to refuse any bid or to cancel or postpone the auction for all or part of the units scheduled for sale and also to bid on the units on behalf of Batavia Self-Storage. October 6, 15, 2021 MNAXLP __________________________
No. 28103 MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In re the Marriage of: Christina Mitten, Petitioner, and Timothy Curtis Elston, Respondent Cause No.: DR 21-542A SUMMONS FOR PUBLICATION NOTICE TO: Respondent Timothy Curtis Elston You are named summoned in a Petition to dissolve your marriage.Unless you respond in twenty-one (21) days, the court may decide against you without you being heard and give Petitioner everything asked for in the petition. You must submit your written response within 21 calendar days. The 21 day period starts the day after the last date of publication of this notice. If the final day falls on a weekend or court holiday, you may file your response on the next business day. You must file your written response with the Clerk of District Court at: 920 S. Main St. Suite 300, Kalispell, MT and serve a copy of your response on the Petitioner. DATED this 1st day of October, 2021 /s/ PEG L ALLISON Clerk of Court /s/ MELISSA HENLEY Deputy Clerk October 6, 13, 20, 2021 MNAXLP __________________________
No. 28093 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: DECEMBER 4, 2021. 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 30150985 Owners: MEADOW LAKE INVESTMENTS LLC 755 TEXAS AVE WHITEFISH, MT 59937 3457 Priority Date: JANUARY 6, 2021 at 04:44 P.M. Purpose (Use): COMMERCIAL IRRIGATION Maximum Flow Rate: 360.00 GPM Maximum Volume: 222.90 AC-FT Maximum Acres: 114.40 Source Name and Type: GROUNDWATER Point of Diversion and Means of Diversion: Sec 6; Twp 30N; Rge 20W; County FLATHEAD ID 1; Qtr Sec: SESWSE Period of Diversion: MARCH 1 TO OCTOBER 31 Diversion Means: WELL Well Depth: 500.00 FEET Static Water Level: 146.80 FEET Reservoir: OFF STREAM Qtr Sec: S2SESW Depth: 12.00 FEET Surface Area: 2.58 ACRES Current Capacity: 12.38 ACRE-FEET Reservoir: OFF STREAM Qtr Sec: E2NESW Depth: 15.00 FEET Surface Area: 1.57 ACRES Current Capacity: 11.78 ACRE-FEET Reservoir: OFF STREAM Qtr Sec: NENESW Depth: 15.00 FEET Surface Area: 0.86 ACRES Current Capacity: 6.45 ACRE-FEET Reservoir: OFF STREAM Qtr Sec: SESWSE Depth: 7.00 FEET Surface Area: 0.28 ACRES Current Capacity: 0.98 ACRE-FEET Purpose (Use): COMMERCIAL Purpose Clarification: WATER HAZARDS Volume: 36.60 AC-FT Period of Use: MARCH 1 to OCTOBER 31 Place of Use: Sec 6; Twp 30N; Rge 20W; County FLATHEAD ID 1; Qtr Sec: S2SESW; ID 2; Qtr Sec: E2NESW; ID 3; Qtr Sec: NENESW; ID 4; Qtr Sec: SESWSE; Purpose (Use): IRRIGATION Purpose Clarification: GOLF COURSE Irrigation Type: SPRINKLER Volume: 189.50 AC-FT Period of Use: APRIL 20 to OCTOBER 10 Place of Use: Sec 6; Twp 30N; Rge 20W; County FLATHEAD ID 1; Acres: 61.30; Qtr Sec: E2W2; ID 3; Acres: 53.10; Qtr Sec: W2E2 Total: 114.40 Remarks: CLARK FORK RIVER BASIN LAW THIS PROVISIONAL WATER USE PERMIT HAS A PRIORITY DATE THAT IS JUNIOR TO THE RIGHTS OF SENIOR WATER RIGHT HOLDERS IN THE CLARK FORK RIVER BASIN. IN ACCORDANCE WITH MONTANA LAW, YOU MAY BE SUBJECT TO A CALL BY SENIOR WATER RIGHT HOLDERS, IN WHICH CASE YOU MAY BE REQUIRED TO DISCONTINUE YOUR USE OF WATER FOR THE PERIOD OF THE CALL. CONFEDERATED SALISH AND KOOTENAI TRIBES - RESERVED WATER RIGHTS THIS RIGHT IS SUBJECT TO ALL PRIOR INDIAN RESERVED WATER RIGHTS OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES IN THE SOURCE OF SUPPLY. IT IS THE TRIBE'S POSITION THAT THE EXERCISE OF JUNIOR WATER RIGHTS EITHER WITHIN OR OUTSIDE OF THE EXTERIOR BOUNDARIES OF THE FLATHEAD INDIAN RESERVATION MAY AFFECT THE RESERVED WATER RIGHTS OF THE TRIBE WITHIN THE EXTERIOR BOUNDARIES OF THE RESERVATION. IT IS THE TRIBE'S POSITION THAT ECONOMIC INVESTMENTS MADE IN RELIANCE UPON THIS RIGHT DO NOT CREATE IN THE APPROPRIATOR ANY EQUITY OR VESTED RIGHT AGAINST THE TRIBES. THE APPROPRIATOR IS HEREBY NOTIFIED THAT ANY FINANCIAL OUTLAY OR WORK INVESTED IN A PROJECT PURSUANT TO THIS RIGHT IS AT APPROPRIATOR'S RISK. THE ISSUANCE OF THIS RIGHT DOES NOT REDUCE THE APPROPRIATOR'S LIABILITY FOR DAMAGE CAUSED BY THE EXERCISE OF THE RIGHT. IT DOES NOT MAKE THE DEPARTMENT LIABLE FOR DAMAGE CAUSED BY THE EXERCISE OF THE RIGHT. NOR IS THE DEPARTMENT LIABLE FOR ANY LOSS TO THE APPROPRIATOR CAUSED BY THE EXERCISE OF SENIOR RESERVED WATER RIGHTS. IMPORTANT INFORMATION THE COMBINED IRRIGATION OF THE FOLLOWING RIGHTS FOR THE GOLF COURSE WILL BE LIMITED TO A TOTAL APPLIED VOLUME OF 205.4 AF AND THE COMBINED USE FOR THE WATER HAZARD PONDS WILL BE LIMITED TO A TOTAL VOLUME OF 36.6 AF. 76LJ 83787-00, 76LJ 131493-00, 76LJ 71015-00, 76LJ 30150985 WATER MEASUREMENT INFORMATION THE APPROPRIATOR SHALL INSTALL A DEPARTMENT APPROVED IN-LINE FLOW METER AT PUMP SITE #1 WHICH WILL MEASURE ALL DIVERSIONS FROM POND #1. THE APPROPRIATOR SHALL ALSO INSTALL AN IN-LINE FLOW METER BETWEEN WELL ML#3 AND POND #1. WATER MUST NOT BE DIVERTED UNTIL THE REQUIRED MEASURING DEVICES ARE IN PLACE AND OPERATING. ON A FORM PROVIDED BY THE DEPARTMENT, THE APPROPRIATOR SHALL KEEP A WRITTEN DAILY RECORD OF THE FLOW RATE AND VOLUME OF ALL WATER MEASURED EACH MEASURING DEVICE, INCLUDING THE PERIOD OF TIME. RECORDS SHALL BE SUBMITTED BY JANUARY 31 OF EACH YEAR AND UPON REQUEST AT OTHER TIMES DURING THE YEAR UNTIL THE PERMIT IS PERFECTED AND THE DEPARTMENT RECEIVES A PROJECT COMPLETION NOTICE. IN THE EVENT THAT AUTHORIZED FLOW RATES AND/OR VOLUMES HAVE BEEN EXCEEDED DURING PERFECTION OF THE PERMIT OR THE APPROPRIATOR FAILS TO SUBMIT ANNUAL REPORTS, THE DEPARTMENT MAY CONTINUE TO REQUIRE ANNUAL SUBMISSIONS OF MEASUREMENT RECORDS. FAILURE TO SUBMIT REPORTS MAY BE CAUSE FOR REVOCATION OF THE PERMIT. RECORDS MUST BE SENT TO THE KALISPELL WATER RESOURCES REGIONAL OFFICE. THE APPROPRIATOR SHALL MAINTAIN THE MEASURING DEVICES SO THEY ALWAYS OPERATE PROPERLY AND MEASURE FLOW RATE AND VOLUME ACCURATELY. PUBLISHED IN: DAILY INTER LAKE ON OCTOBER 6, 2021. October 6, 2021 MNAXLP __________________________
No. 28094 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: DECEMBER 4, 2021. 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: 76LJ 30150982 Applicant: MEADOW LAKE INVESTMENTS LLC 755 TEXAS AVE WHITEFISH, MT 59937 3457 WATER RIGHT NUMBER(S) BEING CHANGED Water Right Type STATEMENT OF CLAIM Water Right Number 76LJ 131493-00 Priority Date OCTOBER 1, 1914 Historical Flow Rate: 1.25 CFS Historical Consumptive Volume: 47.40 AC-FT Historical Diverted Volume: 158.40 AC-FT PAST USE OF WATER PAST USE OF THIS WATER RIGHT HAS BEEN FOR IRRIGATION FROM GARNIER CREEK IN FLATHEAD COUNTY. PROPOSED CHANGE THE PROPOSED CHANGE IS IN AN EFFORT TO ACCURATELY REFLECT AND COVER SURFACE WATER USE AT MEADOW LAKE GOLF COURSE. THE CHANGE PROPOSAL IS TO ADD A COMMERCIAL USE FOR THE WATER FEATURES AT THE GOLF COURSE AND EXPAND THE EXISTING PLACE OF USE TO INCLUDE ALL IRRIGATED ACRES AT THE GOLF COURSE. ADDITIONAL INFORMATION THIS CHANGE FOR SURFACE WATER FROM GARNIER CREEK FOR USE AT THE MEADOW LAKE GOLF COURSE WILL BE SUPPLEMENTED WITH GROUNDWATER DIVERTED FROM A WELL FOR THE SAME USES UNDER PERMIT APPLICATION 76LJ 30150985, IF APPROVED. PUBLISHED IN: DAILY INTER LAKE ON OCTOBER 6, 2021. October 6, 2021 MNAXLP __________________________
No. 28090 Notice is hereby given that in Flathead County, on November 2, 2021, a Kalispell City Municipal General Election will be held at the Trade Center of the Flathead County Fairgrounds for voting on Mayor, Council and Municipal judge. Kalispell City election will be conducted by voting at the polling place and by absentee ballot. Absentee ballots are available in person or by applying by mail to the Flathead County Election Department, 40 11th St West Suite #230, Kalispell, MT 59901. If you have questions regarding your ballot or registration status, contact the Flathead County Election office at 758-5536 and you will be directed on how to receive your ballot. The polls will be open at 7:00 a.m., and continue to be open until 8:00 p.m., on Election Day, November 2, 2021 DATED this September 27, 2021 Debbie Pierson Election Administrator October 6, 13, 20, 2021 MNAXLP __________________________
No. 28083 NOTICE OF SALE Department of Natural Resources & Conservation Timber Sale The Upper Swede II Timber Sale is located within Section 34, T34N-R23W on the State's Stillwater Unit. Approximately 3,801 tons, consisting of mixed conifer sawlogs, are offered for sale. Sealed bids will be opened at the Department of Natural Resources & Conservation, 2705 Spurgin Road, Missoula, Montana on October 28, 2021 at 2:00 p.m. Bids may be hand delivered or mailed and will be accepted any time prior to the bid opening. DNRC recommends that bidders contact the Trust Land Management Division (406-542-4300) prior to the bid opening to ensure that your bid has been received. Bids must be accompanied by a deposit of $2,463.00, representing 5% of the minimum bid value of the sale in cashier's check, certified check, bank money order or bank draft to be applied to the first sale invoice for the successful bidder. Bid bonds will be accepted and, for the successful bidder, will be closed upon execution of the Timber Sale Contract and Timber Sale Bond. The sale will be awarded to the highest responsible bidder. Award of the timber sale is conditional upon approval of the timber sale by the State Board of Land Commissioners at their October 18, 2021 meeting. If the successful bidder is unable to execute the contract within 30 calendar days from the date the sale is awarded, the bid deposit will be retained by the Department as liquidated damages. The right is reserved to reject any or all bids. Prospective bidders can obtain the sale prospectus, sale contract and bid forms from the Department of Natural Resources & Conservation, Trust Land Management Division, in Missoula (406-542-4300). Visit our website at http://dnrc.mt.gov/divisions/trust/forest-management/timber-sale-information for upcoming sales and bid results. September 29, October 6, 13, 20, 2021 MNAXLP _________________________
No. 28052 NOTICE OF APPLICATION FOR RETAIL ALL-BEVERAGES LICENSE Notice is given that on the 27th day of May 2021, Johnathan Shockey, Sole Proprietor filed an application for a retail all-beverages license with the Montana Department of Revenue to be used within the Columbia Falls quota area. Residents of Flathead and the surrounding counties may protest against the approval of the application. Each protestor is required to mail a letter that contains in legible print the protestor's full name, mailing address, and street address. Each letter must be signed by the protestor. A protest petition bearing the names and signatures of persons opposing the approval of an application may not be considered as a protest. Protests may be mailed to Department of Revenue, Office of Dispute Resolution, P.O. Box 5805, Helena, Montana 59604-5805, on or before October 16, 2021. September 15, 22, 29, October 6, 2021 MNAXLP __________________________