Karen M. Cruz; Peter J. Molenda; Theresa A. Wilkinson, United States of America (Bureau of Reclamation)

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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 UPPER MISSOURI DIVISION JEFFERSON RIVER BASIN (41G) PRELIMINARY DECREE ******************** CLAIMANTS: Karen M. Cruz; Peter J. Molenda; CASE 41G-0500-R-2022 Theresa A. Wilkinson 41G 95720-00 41G 95722-00 OBJECTOR: United States of America (Bureau of Reclamation) 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. 1 MASTER’S REPORT Water right claims 41G 95720-00 and 41G 95722-00 appeared in the Preliminary Decree for the Jefferson River (“Basin 41G”). The claims did not receive substantive issue remarks. The United States of America Bureau of Reclamation (“United States”) filed objections to both claims. To resolve the objections, the Water Court consolidated the claims into case 41G-0500-R-2022. FINDINGS OF FACT 1. On February 8, 2019, the United States filed Objections to claims 41G 95729-00 and 41G 95722-00 on the basis that the claims did not represent actual historic beneficial water use and had been abandoned. 2. On April 26, 2022, a status conference was held between Karen M. Cruz, Peter J. Molenda, Theresa A. Wilkinson (“Claimants”), and Objector United States. The parties agreed to a 60-day settlement, and the Water Court set a filing deadline for the parties to file settlement documents or status reports by June 29, 2022. 3. On June 27, 2022, Claimants filed a Request to Withdraw Statement of Claim for claims 41G 95720-00 and 41G 95722-00, stating that they agreed with the United States objection that the claims had been abandoned due to lack of historical use. 4. On July 12, 2022, the United States filed a Status Report indicating that withdrawal of the claims resolves its objections. 5. Claims 41G 95720-00 and 41G 95722-00 should be dismissed from the adjudication based on the claimants’ withdrawal requests. CONCLUSIONS OF LAW 1. The Water Court has exclusive jurisdiction to determine the extent of all water rights in Montana as they exited prior to July 1, 1973. In re Deadman’s Basin Water Users Ass’n, 2002 MT 15, ¶ 15, Section 3-7-501, MCA. 2. A properly filed Statement of Claim for Existing Water Right is prima facie proof of its content. Section 85-2-227, MCA. This prima facie proof may be overcome by other evidence that proves, by a preponderance of the evidence, that the elements of 2 the claim do not accurately reflect the beneficial use of the water right as it existed prior to July 1, 1973. 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. 3. The claimant of a water right may waive the advantage of § 85-2-227, MCA. Rule 17(c), W.R.Adj.R. If a claimant agrees to reduce or limit an element of a claim, the Water Court does not need to determine whether the burden of proof has been met and may accept the claimant’s requested reduction or limitation without further presentation of evidence, unless there is an unresolved issue remark on the claim. Id. 4. Claimants agree to withdraw claims 41G 95720-00 and 41G 95722-00. The Water Court can accept the withdrawals without further presentation of evidence. RECOMMENDATIONS 1. Claims 41G 95720-00 and 41G 95722-00 should be dismissed from the adjudication. Post-decree abstracts of the claims are served with this Report to confirm that the claims are shown as dismissed in the State’s centralized water right record system. Digitally signed by Madeleine Weisz _________________________ Madeleine Weisz Senior Water Master 3 Service via USPS Mail: Karen M. Cruz 777 Feather Lane Billings, MT 59102 (406) 670-5005 Kren_cruz@yahoo.com Peter J. Molenda 644 Pine Circle Gardner, KS 66030 (913) 300-1105 pmolenda@kc.rr.com Theresa A. Wilkinson PO Box 191 Whitehall, MT 59759-0191 (406) 498-2975 Service via Electronic Mail: Last Order: Jennifer A. Najjar US Dept of Justice, ENRD-NRS PO Box 7611 Washington, DC 20044-7611 (202) 305-0476 Jennifer.Najjar@usdoj.gov MontanaBasins.ENRD@USDOJ.GOV Mark Widerschein, Trial Attorney US Dept of Justice, ENRD-NRS PO Box 7611 Washington, DC 20044-7611 (202) 532-5803 Mark.widerschein@usdoj.gov MontanaBasins.ENRD@USDOJ.GOV Note: Service List Updated 7-21-2022 \\JUDGALH2OSRV\Datavol\Share\WC-BASIN FOLDERS\41G PD\CASES\41G-R500\41G-0500-R-2022 MR 7-21-2022 bw.docx 4 July 28, 2022 41G 95720-00 Page 1 of 1 Water Court Abstract WATER COURT ABSTRACT OF WATER RIGHT CLAIM JEFFERSON RIVER BASIN 41G Water Right Number: 41G 95720-00 Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: Owners: DISMISSED THERESA A WILKINSON PO BOX 191 WHITEHALL, MT 59759 0191 PETER J MOLENDA 644 PINE CIRCLE GARDNER, KS 66030 KAREN M CRUZ 777 FEATHER LN BILLINGS, MT 59102 Priority Date: Enforceable Priority Date: Type of Historical Right: Purpose (use): POWER GENERATION Flow Rate: Volume: Source Name: Source Type: JEFFERSON RIVER SURFACE WATER Point of Diversion and Means of Diversion: Period of Use: Place of Use: Remarks: THIS CLAIM WAS DISMISSED BY ORDER OF THE WATER COURT. July 28, 2022 41G 95722-00 Page 1 of 1 Water Court Abstract WATER COURT ABSTRACT OF WATER RIGHT CLAIM JEFFERSON RIVER BASIN 41G Water Right Number: 41G 95722-00 Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: Owners: DISMISSED THERESA A WILKINSON PO BOX 191 WHITEHALL, MT 59759 0191 PETER J MOLENDA 644 PINE CIRCLE GARDNER, KS 66030 KAREN M CRUZ 777 FEATHER LN BILLINGS, MT 59102 Priority Date: Enforceable Priority Date: Type of Historical Right: Purpose (use): IRRIGATION Flow Rate: Volume: Source Name: Source Type: JEFFERSON RIVER SURFACE WATER Point of Diversion and Means of Diversion: Period of Use: Place of Use: Remarks: THIS CLAIM WAS DISMISSED BY ORDER OF THE WATER COURT.

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