L & S Holdings of MT LLP

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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 ******************** CASE 40A-0583-R-2022 40A 197965-00 CLAIMANT: L & S Holdings of MT LLP 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 to be added to the 10-day 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 Water Right Claim 40A 197965-00 appeared in the Preliminary Decree for the Musselshell River, above Roundup (Basin 40A). The claim received an issue remark. Issue remarks result from Department of Natural Resources and Conservation (“DNRC”) claims examination or by Water Court order. Claims examination confirms the historical use of water right claims and identifies issues with claims. If claims examination cannot 1 confirm some aspect of a claim, an issue remark is added to the claim. The claim did not receive any objections or notices of intent to appear. Further information is not necessary to resolve this issue remark. However, for organizational purposes, this claim is consolidated into Water Court Case 40A-0583-R2022. FINDINGS OF FACT 1. Water Right Claim 40A 197965-00 appeared with the following issue remark: THE OWNERSHIP APPEARS OUTDATED. ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS, AS OF 04/10/2017, THE PROPERTY ON WHICH THIS WATER RIGHT IS USED APPEARS TO BE SOLELY OWNED BY ROLAND MORRISON. NIKOLE MORRISON DOES NOT APPEAR TO BE AN OWNER OF THIS WATER RIGHT ANYMORE. 2. This claim is currently owned solely by L & S Holdings of MT LLP. The claim did not receive objections or notices of intent to appear. 3. This issue remark appears outdated. It should be removed from the claim. APPLICABLE LAW 1. A properly filed statement of claim is prima facie proof of its content. Section 85-2-227, MCA. The prima facie status of a claim may be overcome by a preponderance of the evidence. Section 85-2-227, MCA; Rule 19, W.R.Adj.R. 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. 2. The Water Court must weigh an issue remark, and the information resulting in that issue remark, against the claimed water right. Section 85-2-247(2), MCA. 3. The Water Court must resolve all issue remarks not resolved through the objection process. Section 85-2-248, MCA. The Court must review information in the claim file or obtained by the Court to determine if there is a sufficient basis to resolve the remarks. 85-2-248(3), MCA. CONCLUSIONS OF LAW 1. The evidence in the record provides the Court with a sufficient basis to resolve and remove the issue remark from the above-captioned claim. 2 RECOMMENDATIONS Based upon the above Findings of Fact and Conclusions of Law, this Master recommends that the Court make the changes specified in the Findings of Fact to correct the Preliminary Decree for this Basin. A post-decree abstract of Water Right Claim is served with this Report to confirm the recommended changes have been made in the Digitally signed by Colton J. Lauer Date: 2022.07.29 09:41:28 -06'00' state’s centralized record system. _________________________________ Colton J. Lauer Water Master Service via USPS Mail: L & S Holdings of MT LLP PO Box 371 Huntley, MT 59037 \\JUDGALH2OSRV\Datavol\Share\WC-BASIN FOLDERS\40A PD\40A Cases\40A-R583\40A-0583-R-2022 -- MR 6-9-22 jbc.docx 3 July 27, 2022 40A 197965-00 Page 1 of 1 Water Court Abstract WATER COURT ABSTRACT OF WATER RIGHT CLAIM MUSSELSHELL RIVER, ABOVE ROUNDUP BASIN 40A 40A 197965-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: L & S HOLDINGS OF MT LLP Owners: PO BOX 371 HUNTLEY, MT 59037 Priority Date: JUNE 1, 1959 Type of Historical Right: USE Purpose (use): DOMESTIC Flow Rate: 5.00 GPM Volume: 1.50 AC-FT 1 Households: Maximum Acres: 0.25 Source Name GROUNDWATER GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Period of Diversion: Qtr Sec Sec Twp Rge County SESENE 2 9N 9E MEAGHER Sec 2 Twp 9N Rge 9E County MEAGHER JANUARY 1 TO DECEMBER 31 WELL Diversion Means: JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres 0.25 Total: 0.25 Govt Lot Qtr Sec SESENE

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