James Ordorff Jr.

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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 LOWER MISSOURI DIVISION MUSSELSHELL RIVER ABOVE ROUNDUP BASIN (40A) PRELIMINARY DECREE ******************** CLAIMANT: James Ordorff Jr. CASE 40A-0117-R-2022 40A 207559-00 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, conclusion 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. MASTER’S REPORT Claim 40A 207559-00 appeared in the Preliminary Decree for the Musselshell River above Roundup (Basin 40A) issued on June 7, 2017. The claim is owned by James Ordorff. The claim did not receive objections, counterobjections, or notices of intent to appear but did receive an issue remark during the DNRC’s claims reexamination. Issue remarks are notations identifying potential legal or factual issues with water rights and the Water Court is required to resolve these potential issues. 1 FINDINGS OF FACT 1. Claim 40A 207559-00 appeared in the Basin 40A Preliminary Decree as a claim for flood irrigation that diverts water from the Musselshell River via a headgate in the NESWSW of Section 2, T6N, R22E, Golden Valley County. 2. The claim received the following issue remark: 3. The Court ordered Claimant to file a statement if he did not agree with the DNRC’s proposed correction to the point of diversion. The Order stated that if nothing was filed by the deadline, the point of diversion would be corrected to the NENWSW of Section 5, T6N, R22E, Golden Valley County. Nothing was filed by the deadline. PRINCIPLES OF LAW 1. A properly filed Statement of Claim for an existing water right is prima facie proof of its content. Section 85-2-227, MCA; Rule 10, W.R.Adj.R. 2. Prima facie proof may be contradicted and overcome by a preponderance of the evidence. Rule 19, W.R.Adj.R. 3. A preponderance of the evidence is evidence that shows a fact is “more probable than not.” Hohenlohe v. State, 2010 MT 203, ¶ 33, 357 Mont. 438, 240 P.3d 628. 4. If prima facie status is overcome, the burden shifts back to the claimant to demonstrate historical use. 79 Ranch v. Pitsch, 204 Mont. 426, 432-33, 666 P.2d 215, 218 (1983). 5. Section 85-2-248(2), MCA, requires that the Water Court resolve all issue remarks that are not resolved through the objection process. See also Rule 7, W.R.Adj.R. 6. The Water Court may use information submitted by the DNRC, the Statement of Claim, and any other data obtained by the Court to evaluate a water right. Sections 85-2-227, -231(2), MCA. 7. When resolving issue remarks, the Water Court must weigh the information resulting in the issue remark and the issue remark against the claimed water right. Section 85-2-247(2), MCA. The factual evidence on which an issue remark is based must meet 2 the preponderance of evidence standard before the prima facie status of a claim is overcome. 43Q 200996-00 et al., Order Establishing Volume and Order Closing Case, at 18, June 8, 2015. CONCLUSION OF LAW 1. The point of diversion issue remark overcomes the prima facie status of claim 40A 207559-00. The evidence in the claim file shows the historical point of diversion is in the NENWSW of Section 5, T6N, R22E, Golden Valley County. The point of diversion should be corrected accordingly. This correction resolves the point of diversion issue remark, and the remark should be removed from the claim abstract. RECOMMENDATIONS Based on the foregoing Findings of Fact and Conclusion of Law, this Master recommends that the Court adopt the changes as outlined above. A post decree abstract of the water right claim reflecting the recommended changes is attached to this Report. Digitally signed by Melissa Lockman Date: 2022.07.13 11:49:37 -06'00' _________________________________ Melissa Lockman Senior Water Master Service via USPS Mail: James Ordoff Jr. 405 1st Ave W Lavina, MT 59046 \\JUDGALH2OSRV\Datavol\Share\WC-BASIN FOLDERS\40A PD\40A Cases\40A-R117\40A-117 MR 6-27-22 jbc.docx 3 July 5, 2022 40A 207559-00 Page 1 of 1 Water Court Abstract WATER COURT ABSTRACT OF WATER RIGHT CLAIM MUSSELSHELL RIVER, ABOVE ROUNDUP BASIN 40A 40A 207559-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: JAMES JR ORDORFF Owners: 405 1ST AVE W LAVINA, MT 59046 Priority Date: MAY 1, 1890 Type of Historical Right: DECREED Purpose (use): IRRIGATION FLOOD Irrigation Type: Flow Rate: 22.44 GPM Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 2 - MODERATELY HIGH Climatic Area: Maximum Acres: 2.00 Source Name MUSSELSHELL RIVER SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NENWSW 5 6N 22E GOLDEN VALLEY Sec 2 Twp 6N Rge 22E County GOLDEN VALLEY Period of Diversion: MAY 15 TO SEPTEMBER 15 Diversion Means: HEADGATE Ditch Name: LAVINA NORTH CANAL MAY 15 TO SEPTEMBER 15 Period of Use: Place of Use: ID 1 Acres 2.00 Total: Govt Lot Qtr Sec NESWSW 2.00 THE PLACE OF USE INCLUDES LAVINA TRACT A M & B IN SW4; 405 FIRST AVE W LAVINA MONTANA 59046.

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