From: Ellis, Jamie (DNR)
Sent: Wednesday, July 24, 2013 3:05
PM
To: Daumiller, Gerry; Swayne, Drew
Subject: RE: Geographic Names Proposal:
Benson Creek/Hoffman Gulch
I would personally point them to
the MCA and allow them to make an informed decision based on that.
Although:
There
is no law that says the State has to recognize the USBGN names or that the
USBGN has to recognize the watercourse name decisions of the district
courts.
There is a law in our MCA which
dictates how we must operate in Montana in regard to these type of name
changes.
Let me know specifically if
there is something you would like for me to do for you.
Jamie Ellis
New Appropriations Program Manager
Montana Department of Natural
Resources and Conservation
1424 9th Ave Helena, MT 59620-1601
406.444.9754
From: Daumiller, Gerry
Sent: Wednesday, July 24, 2013 2:49 PM
To: Ellis, Jamie (DNR); Swayne, Drew
Subject: RE: Geographic Names Proposal: Benson Creek/Hoffman Gulch
Jamie,
I
had been unaware of the watercourse name change statute until about two years
ago, and I am fairly sure that my predecessors as the state names authority
were also unaware of it. Many watercourse names have been changed by the
USBGN in recent years and no attempt that I know of has been made to have
district courts ratify them. MCA 85-2-134 says that the clerks of court
must file all watercourse name decisions with the Secretary of State’s office,
but the Secretary of State doesn’t have any records of this ever happening.
There
is no law that says the State has to recognize the USBGN names or that the
USBGN has to recognize the watercourse name decisions of the district
courts. Now that I know about this law, I am reluctant to tell the USBGN
that the state approves of the change of any watercourse name.
In
1999 the USBGN changed the name of Fish Lake, southeast of Seeley Lake, to Big
Sky Lake, largely because they were informed the Missoula District Court had
changed the name on April 29, 1966. Last year I was told Tote Road Lake,
in the same area, has been legally changed to Emerald Lake, but nobody has
submitted this to the USBGN. I found out about it because a natural
resource manager noticed that Google Maps had made the change and complained to
the USBGN about it, and they informed me. Google Maps has changed it
back, at the request of the USBGN. I contacted the owner of the http://emeraldlakemontana.com/ web
site, and he told me that he had legally changed the name in 2006 or
2007. He didn’t responded to my request on exactly how he had done this,
and the clerk of the Missoula District Court also did not respond to my
question about it.
I
corresponded with Judge Loble about the law last year and he said that the
Water Court and DNRC recognize the USGS as the authoritative source of
watercourse names, according to pages 31-32 of http://courts.mt.gov/content/water/rules/claim_exam_rules.pdf.
I
think it is a big mess and that there should be legislation to straighten it
out, but I haven’t been able to find anyone to help me find a sponsor for a
bill. Judge Loble told me he doubts that a Legislature these days would
be willing to pass a law to recognize federal authority over Montana names.
Gerry
Daumiller
Montana
State Library
406-444-5358
From: Ellis, Jamie (DNR)
Sent: Wednesday, July 24, 2013 1:53 PM
To: Daumiller, Gerry; Swayne, Drew
Subject: RE: Geographic Names Proposal: Benson Creek/Hoffman Gulch
Gerry-
I am unfamiliar with how the
USBGN operates but I tell you that there is explicit direction in the Montana
Code Annotated relating to the procedures that must take place in order to
apply to change a watercourse name. I copied and pasted some relevant sections
below. As you will read it sounds like a district court process. As
I stated I am unfamiliar with the USBGN so I am curious if they would petition
the district court for a recognized name change in this process?
Let me know if I can help you
out more.
85-2-131. Application for change of watercourse
name. (1) All applications for the change of name of any watercourse or
natural source of water supply, including natural streams, dry coulees,
springs, lakes, rivers, or creeks which lie wholly within the limits of one
county must be made to the district court of the county where the watercourse
or other natural source of water supply, the name of which is proposed to be
changed, or some part thereof is situated. The petition must state in ordinary and
concise language:
(a) a description of the watercourse or other
natural source of water supply, the name of which is proposed to be changed,
identifying the same as near as may be by natural monuments;
(b) the present name of the stream or other
natural source of water supply and the name to which the petitioners desire the
same to be changed, together with the reasons for the desired change of name;
(c) the names of all persons or corporations
owning real estate abutting upon or water rights upon the same whose titles
appear of record in the office of the county clerk and recorder in the county
in which the watercourse or other natural source of water supply, or some part
thereof, is situated.
(2) The petition must be signed by not less than
10 owners of real property abutting upon said watercourse or other natural
source of water supply or owning water rights upon the same.
(3) The insufficiency of the petition in any of
the above respects shall not be held to defeat the jurisdiction of the court.
85-2-132. Change of watercourse name -- public notice. When a petition under 85-2-131 is filed in the district court, the court or the judge shall designate some newspaper of general circulation in the county that is most likely to give all interested parties notice of the proceedings and shall order that notice be published in that newspaper as provided in this section. The judge may require any other notice that seems reasonable and shall fix a time at which objections to the granting of the petition for the change of name must be heard. A copy of the petition, together with a notice of the time set for hearing objections, must be published in the newspaper designated by the court or judge for that purpose at least once a week for 4 successive weeks, and other notice of the proceedings must be given that the court or judge may require.
85-2-133. Change of watercourse name -- hearing. At
the time set for hearing or at any time prior thereto, objections may be filed
by any person who can, in such objections, show to the court or judge good
reason against such change of name. The application and the objections must be
heard at such time as the court or judge may appoint. On hearing, the court or
judge may examine on oath any of the petitioners, remonstrants, objectors, or
other persons touching the application and may make an order changing the name
or dismissing the application as to the court or judge may seem right and proper.
Jamie Ellis
New Appropriations Program Manager
Montana Department of Natural
Resources and Conservation
1424 9th Ave Helena, MT 59620-1601
406.444.9754
From: Daumiller, Gerry
Sent: Wednesday, July 24, 2013 12:45 PM
To: Swayne, Drew; Ellis, Jamie (DNR)
Subject: Geographic Names Proposal: Benson Creek/Hoffman Gulch
Hello,
The
owners of the Benson Ranch near Dillon have proposed to the U.S. Board of
Geographic Names (BGN) that the stream flowing in Hoffman Gulch be named Benson
Creek. I am responsible for telling the BGN if the State of Montana has
an opinion on the proposal.
I
know that there are water rights in the area whose source is given as Hoffman
Creek. Please let me know if you believe if it would cause difficulty for
you if the BGN approved this name proposal. If there are other people in
DNRC who I should also contact, or who I should contact instead, please let me
know.
The
proposal, with links to maps of the stream location, is at http://msl.mt.gov/geonames/Proposal.asp?ID=41402
Thank
you,
Gerry
Daumiller
Montana
State Library
406-444-5358