Lien Revocable Trust, Farmers Canal Co.

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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 GALLATIN RIVER BASIN (41H) PRELIMINARY DECREE ******************* CASE 41H-0518-R-2022 CLAIMANT: Lien Revocable Trust 41H 113385-00 OBJECTOR: Farmers Canal Co. NOTICE OF FILING OF MASTER’S REPORT This Master’s Report was filed with the Clerk of the Montana Water Court. Please review this Report carefully. You may file a written objection to this Master’s Report if you disagree or find errors with the Master’s Findings of Fact, Conclusions of Law, or Recommendations. The above stamped date indicates the date this Master’s Report was filed and mailed. Pursuant to Water Right Adjudication Rule 23, written objections to a Master’s Report must be filed within 10 days of the date the Report was filed. If this Master’s Report was mailed to you, Rule 6(d) of the Montana Rules of Civil Procedure provides an additional 3 days to the 10-day objection period. If you file an objection, you must mail a copy of the objection to all parties on the Service List found at the end of this 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. 1 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 41H 113385-00 is a stock claim owned by the Lien Revocable Trust (Claimant). The claim appeared in the Preliminary Decree for the Gallatin River (Basin 41H) without issue remarks. Farmers Canal Company (Farmers) filed a timely objection to the period of diversion and period of use claim elements. To resolve the objection, the claim is consolidated into Water Court case 41H-0518-R-2022. FINDINGS OF FACT 1. On May 9, 2019, Farmers filed a Notice of Objection and Request for Hearing objecting to the period of diversion and period of use of claim 41H 113385-00. 2. On October 4, 2019, Claimant and Objector Farmers filed a Stipulation to resolve the objection. 3. Claimant agrees to reduce the period of diversion and period of use of claim 41H 113385-00 to resolve the objection. The parties further stipulate that water distribution will occur through a private agreement. 4. The period of diversion and period of use of claim 41H 113385-00 can be modified to the following: APRIL 1 TO OCTOBER 31 5. The following information remark can be added to claim 41H 113385-00: THIS WATER RIGHT IS SUBJECT TO A PRIVATE AGREEMENT LOCATED IN THE CASE AND CLAIM FILES. CONCLUSIONS OF LAW 1. The Water Court has exclusive jurisdiction to determine the extent of all water rights in Montana as they existed 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 status may be overcome by a preponderance of the evidence showing that an element of the claim is incorrect. Section 85-2-227, MCA; Rule 19, W.R.Adj.R. A preponderance of the 2 evidence is evidence that shows a fact is “more probable than not.” Hohenlohe v. State, 2010 MT 203, ¶ 33. 3. The Water Court promotes and will facilitate the resolution of objections through settlement or mediation. Parties may file settlement documents with the Court during initial settlement proceedings. Rule 16(a), W.R.Adj.R. 4. The Water Court is not bound by settlement agreements. Any settlement reached by the parties is subject to review and approval by the Court. Rule 17(a), W.R.Adj.R. 5. The claimant of a water right may waive the advantage of § 85-2-227, MCA. 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. The Court may accept a claimant’s requested reduction or limitation without further presentation of evidence unless there is an unresolved issue remark on the claim. Rule 17(c), W.R.Adj.R. 6. Claimant waives the advantage of § 85-2-227, MCA by agreeing to reduce the period of diversion and period of use of claim 41H 113385-00. There are no unresolved issue remarks on the claim, and the Water Court accepts the reduction without the presentation of further evidence. 7. The parties agree that the changes in the Stipulation resolve the objection to claim 41H 113385-00. RECOMMENDATIONS Based on the Findings of Fact and Conclusions of Law in this Report, this Master recommends that the Water Court make the changes specified above to claim 41H 113385-00. A post-decree abstract of the claim is served with this Report to confirm the recommended changes have been made in the State’s centralized water right record system. Digitally signed by Julia Nordlund Date: 2022.07.08 09:11:39 -06'00' ________________________ Julia J. Nordlund Senior Water Master 3 Service via USPS Mail: Lien Revocable Trust 8507 Huffine Lane Bozeman, MT 59718 Service Via Electronic Mail: William Fanning Fanning Law PLLC 300 N. Willson Ave. Suite 3007 Bozeman, MT 59715 (406) 220-2805 william@fanninglawpllc.com becki@fanninglawpllc.com accounts@fanninglawpllc.com \\JUDGALH2OSRV\Datavol\Share\WC-BASIN FOLDERS\41H PD\41H Cases\41H-R518\41H-518-R-2022 MR 07-06-22 ld.docx 4 July 8, 2022 41H 113385-00 Page 1 of 1 Water Court Abstract WATER COURT ABSTRACT OF WATER RIGHT CLAIM GALLATIN RIVER BASIN 41H 41H 113385-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE LIEN REVOCABLE TRUST Owners: 8507 HUFFINE LANE BOZEMAN, MT 59718 Priority Date: JUNE 15, 1881 Type of Historical Right: DECREED Purpose (use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED BECAUSE THIS USE CONSISTS OF STOCK DRINKING DIRECTLY FROM THE SOURCE, OR FROM A DITCH SYSTEM. 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 WEST GALLATIN RIVER SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge SWNWNW 11 3S 4E GALLATIN Sec 9 Twp 2S Rge 5E County GALLATIN Period of Diversion: APRIL 1 TO OCTOBER 31 Diversion Means: DITCH Ditch Name: FARMERS CANAL County APRIL 1 TO OCTOBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SW Remarks: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE MULTIPLE USES OF THE SAME RIGHT. THE USE OF THIS RIGHT FOR SEVERAL PURPOSES DOES NOT INCREASE THE EXTENT OF THE WATER RIGHT. RATHER IT DECREES THE RIGHT TO ALTERNATE AND EXCHANGE THE USE (PURPOSE) OF THE WATER IN ACCORD WITH HISTORICAL PRACTICES. 113385-00 113387-00 THIS WATER RIGHT IS SUBJECT TO A PRIVATE AGREEMENT LOCATED IN THE CASE AND CLAIM FILES.

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