Alvin L. Cordell; Marlee L. Cordell

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Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 (406) 586-4364 1-800-624-3270 watercourt@mt.gov IN THE WATER COURT OF THE STATE OF MONTANA YELLOWSTONE DIVISION LITTLE MISSOURI RIVER BASIN ABOVE LITTLE BEAVER CREEK (39F) PRELIMINARY DECREE ******************* CLAIMANTS: Alvin L. Cordell; Marlee L. Cordell CASE 39F-0423-R-2022 39F 172813-00 39F 172818-00 39F 172822-00 NOTICE OF FILING OF MASTER’S REPORT This Master’s Report was filed with the Montana Water Court on the above-stamped date. Please review this report carefully. You may file a written objection to this Master’s Report within 10 days of the stamped date if you disagree or find errors with the Master’s findings of fact, conclusions of law, or recommendations. Rule 23, W.R.Adj.R. If the Master’s Report was mailed to you, the Montana Rules of Civil Procedure allow an additional 3 days be added to the 10day objection period. Rule 6(d), M.R.Civ.P. If you file an objection, you must serve a copy of the objection to all parties on the service list found at the end of the Master’s Report. The original objection and a certificate of mailing to all parties on the service list must be filed with the Water Court. If you do not file a timely objection, the Water Court will conclude that you agree with the content of this Master’s Report. 1 MASTER’S REPORT FINDINGS OF FACT 1. The record owners of claims 39F 172813-00, 39F 172818-00, and 39F 172822-00 are Alvin L. Cordell and Marlee L. Cordell. 2. The claims were decreed with a variety of DNRC issue remarks. All issue remarks must be addressed. 3. Claim 39F 172813-00 was decreed with a notice type issue remark: No objections were filed, and no further proceedings are required for claim 39F 17281300. 4. Claim 39F 172818-00 was decreed without a type of historical right and an issue remark stating nothing was filed to support the type of historical right: Based on an Affidavit in the claim file, it appears the type of historical right should be “use.” Claim 39F 172818-00 was also decreed with the following point of diversion: A point of diversion issue remark was decreed on the claim: Based on the issue remark, it appears the point of diversion and reservoir legal land description should be modified, as follows: 5. Claim 39F 172822-00 was decreed with the following place of use: 2 A place of use issue remark was decreed on claim 39F 172822-00: Based on the issue remark, it appears the following change should be made to claim 39F 172822-00: Claim 39F 172822-00 was also decreed with a notice-type issue remark: No objections were filed, and no further proceedings are required for claim 39F 17282200. 6. An Order was issued setting a deadline to verify that Claimants Alvin L. Cordell and Marlee L. Cordell agreed with the proposed changes to the claims. The Order indicated that if nothing were filed by the July 14, 2022 deadline, this Master would conclude Alvin L. Cordell and Marlee L. Cordell agreed with the described changes. The following language was included in the Order: Failure to comply with the terms of this Order may result in sanctions, up to and including entry of default and termination of a water right claim or dismissal of objections. Rule 22, W.R.Adj.R. 7. On July 1, 2022, Alvin Cordell filed a statement: 3 PRINCIPLES AND CONCLUSIONS OF LAW 1. The Water Court is required to address all issue remarks that appear on a claim as well as any objections the claim receives. Sections 85-2-233, 85-2-247, and 852-248, MCA. 2. A properly filed Statement of Claim for an existing water right is prima facie proof of its content. Section 85-2-227, MCA. This prima facie validity may be overcome by evidence showing that one or more elements of the claim are incorrect. This standard of proof applies to objectors or claimants objecting to their own water right claims. Rule 19, W.R.Adj.R., Nelson v. Brooks, 2014 MT 120; 375 Mont.86, 95; 329 P.3d 558, 564. 3. Pursuant to Rule 22, W.R.Adj.R., if a claimant, objector, or intervenor fails to appear at a scheduled conference or hearing or fails to comply with an order issued by the Water Court, the Water Court may issue such orders of sanction with regard thereto as are just. 4. The point of diversion and reservoir issue remark decreed on claims 39F 172813-00 and 39F 172822-00 are notice-type remarks. No objections were filed, and no further proceedings are required. RECOMMENDATIONS 1. Claims 39F 172818-00 and 39F 172822-00 should be modified as described in the Findings of Fact. 2. The issue remarks should be removed from claims 39F 172813-00, 39F 172818-00, and 39F 172822-00. Post Decree Abstracts of Water Right Claims are served with the Report for review. Digitally signed by Anika Date: 2022.07.28 12:42:40 -06'00' _________________________ Anika M. Stern Senior Water Master 4 Service via USPS Mail: Alvin L. Cordell Marlee L. Cordell 13126 Little Missouri Rd. Capitol, MT 59319 \\judgalh2osrv\Datavol\Share\WC-BASIN FOLDERS\39F PD\39F Cases\39F-0423-R-2022\39F-0423-R-2022 MR 7.26.22 rc.docx 5 July 27, 2022 39F 172813-00 Page 1 of 1 Water Court Abstract WATER COURT ABSTRACT OF WATER RIGHT CLAIM LITTLE MISSOURI RIVER, ABOVE LITTLE BEAVER CREEK BASIN 39F 39F 172813-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: ACTIVE Status: ALVIN L CORDELL Owners: 13126 LITTLE MISSOURI RD CAPITOL, MT 59319 MARLEE L CORDELL 13126 LITTLE MISSOURI RD CAPITOL, MT 59319 Priority Date: SEPTEMBER 30, 1957 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. Volume: THIS RIGHT INCLUDES THE AMOUNT OF WATER CONSUMPTIVELY USED FOR STOCK WATERING PURPOSES AT THE RATE OF 30 GALLONS PER DAY PER ANIMAL UNIT. ANIMAL UNITS SHALL BE BASED ON REASONABLE CARRYING CAPACITY AND HISTORICAL USE OF THE AREA SERVICED BY THIS WATER SOURCE. Source Name UNNAMED TRIBUTARY OF COTTONWOOD CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Twp Rge County 8 NWNENE 5 5S 60E CARTER Sec 5 Twp 5S Rge 60E County CARTER Sec 5 Twp 5S Rge 60E County CARTER 1 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot 8 Qtr Sec NWNENE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: *Place of Use: ID 1 Acres Govt Lot 9 Qtr Sec NE July 27, 2022 39F 172818-00 Page 1 of 1 Water Court Abstract WATER COURT ABSTRACT OF WATER RIGHT CLAIM LITTLE MISSOURI RIVER, ABOVE LITTLE BEAVER CREEK BASIN 39F 39F 172818-00 Water Right Number: STATEMENT OF CLAIM 3 -- POST DECREE Version: ACTIVE Status: ALVIN L CORDELL Owners: 13126 LITTLE MISSOURI RD CAPITOL, MT 59319 MARLEE L CORDELL 13126 LITTLE MISSOURI RD CAPITOL, MT 59319 Priority Date: SEPTEMBER 30, 1957 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. Volume: THIS RIGHT INCLUDES THE AMOUNT OF WATER CONSUMPTIVELY USED FOR STOCK WATERING PURPOSES AT THE RATE OF 30 GALLONS PER DAY PER ANIMAL UNIT. ANIMAL UNITS SHALL BE BASED ON REASONABLE CARRYING CAPACITY AND HISTORICAL USE OF THE AREA SERVICED BY THIS WATER SOURCE. UNNAMED TRIBUTARY OF COTTONWOOD CREEK *Source Name SURFACE WATER Source Type: *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NENESW 4 5S 60E CARTER Sec 4 Twp 5S Rge 60E County CARTER Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec NENESW Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: *Place of Use: ID 1 2 Acres Govt Lot Qtr Sec NWNWSW Sec 4 Twp 5S Rge 60E County CARTER 11 NW 4 5S 60E CARTER July 27, 2022 39F 172822-00 Page 1 of 1 Water Court Abstract WATER COURT ABSTRACT OF WATER RIGHT CLAIM LITTLE MISSOURI RIVER, ABOVE LITTLE BEAVER CREEK BASIN 39F 39F 172822-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: ALVIN L CORDELL Owners: 13126 LITTLE MISSOURI RD CAPITOL, MT 59319 MARLEE L CORDELL 13126 LITTLE MISSOURI RD CAPITOL, MT 59319 Priority Date: SEPTEMBER 30, 1957 Type of Historical Right: USE Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. Volume: THIS RIGHT INCLUDES THE AMOUNT OF WATER CONSUMPTIVELY USED FOR STOCK WATERING PURPOSES AT THE RATE OF 30 GALLONS PER DAY PER ANIMAL UNIT. ANIMAL UNITS SHALL BE BASED ON REASONABLE CARRYING CAPACITY AND HISTORICAL USE OF THE AREA SERVICED BY THIS WATER SOURCE. Source Name UNNAMED TRIBUTARY OF COTTONWOOD CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWSENW 33 4S 60E CARTER Sec 33 Twp 4S Rge 60E County CARTER Sec 33 Twp 4S Rge 60E County CARTER Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SWSENW Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SWSENW

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