State of Montana Board of Land Commissioners

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Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 1-800-624-3270 (In-state only) (406) 586-4364 watercourt@mt.gov IN THE WATER COURT OF THE STATE OF MONTANA LOWER MISSOURI DIVISION JUDITH RIVER BASIN (41S) PRELIMINARY DECREE ************************* CLAIMANT: State of Montana Board of Land Commissioners CASE 41S-0503-P-2022 41S 18187-00 41S 21566-00 41S 24941-00 41S 29770-00 41S 29774-00 41S 101595-00 41S 101596-00 41S 112266-00 41S 112267-00 41S 112269-00 41S 128202-00 41S 128273-00 41S 128277-00 41S 215265-00 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. 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 FINDING OF FACT 1. On September 23, 2022, the State Board of Land Commissioners Trust Land Management Division filed Requests to Withdraw Statements of Claim for the abovecaptioned claims. PRINCIPLES OF LAW 1. The Montana Water Court has the authority to determine the extent of all water rights in the state as they existed prior to July 1, 1973. Fellows v. Saylor, 2016 MT 45, ¶ 25, 382 Mont. 298, 367 P.3d 732; §§ 85-2-233, -102(12), MCA. CONCLUSIONS OF LAW 1. Upon review of the case files and the documentation submitted by the Claimant, the record is clear that the above-captioned claims should be dismissed. The intent to withdraw the claims was unambiguous, and the Claimant has filed documentation stating the same. RECOMMENDATIONS 1. Upon review of the case file, the record in this case, and the evidence presented, the above-captioned claims should be dismissed. Post Decree Abstracts of Water Right Claims are attached to this Master’s Report for review. Digitally signed by Nathan Block Date: 2022.11.25 08:42:36 -07'00' __________________________ Nathan Block Senior Water Master 2 Service via Electronic Mail: Ben Eckstein Montana Attorney General Agency Legal Services Bureau PO Box 201440 Helena, MT 59620 (406) 444-0296 BLCWaterCourt@mt.gov \\JUDGALH2OSRV\Datavol\Share\WC-BASIN FOLDERS\41S TPD\CASES\CASE503\41S-0503-P-2022 - MR - Withdrawal of Statements of Claim 11-15-2022 bw.docx 3 October 24, 2022 41S 18187-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S Water Right Number: 41S 18187-00 Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: Owners: DISMISSED MONTANA STATE BOARD OF LAND COMMISSIONERS TRUST LAND MANAGEMENT DIVISION PO BOX 201601 HELENA, MT 59620 1601 Priority Date: Type of Historical Right: Purpose (use): STOCK Flow Rate: Volume: Source Name: Source Type: UNNAMED TRIBUTARY OF JUDITH RIVER, SOUTH FORK 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. October 24, 2022 41S 21566-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S Water Right Number: 41S 21566-00 Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: Owners: DISMISSED MONTANA STATE BOARD OF LAND COMMISSIONERS TRUST LAND MANAGEMENT DIVISION PO BOX 201601 HELENA, MT 59620 1601 Priority Date: Type of Historical Right: Purpose (use): STOCK Flow Rate: Volume: Source Name: Source Type: UNNAMED TRIBUTARY OF SAGE CREEK 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. October 24, 2022 41S 24941-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S Water Right Number: 41S 24941-00 Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: Owners: DISMISSED MONTANA STATE BOARD OF LAND COMMISSIONERS TRUST LAND MANAGEMENT DIVISION PO BOX 201601 HELENA, MT 59620 1601 Priority Date: Type of Historical Right: Purpose (use): STOCK Flow Rate: Volume: Source Name: Source Type: UNNAMED TRIBUTARY OF SAGE CREEK 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. October 24, 2022 41S 29770-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S Water Right Number: 41S 29770-00 Version: STATEMENT OF CLAIM 4 -- POST DECREE Status: Owners: DISMISSED MONTANA STATE BOARD OF LAND COMMISSIONERS TRUST LAND MANAGEMENT DIVISION PO BOX 201601 HELENA, MT 59620 1601 Priority Date: Type of Historical Right: Purpose (use): IRRIGATION Flow Rate: Volume: Source Name: Source Type: BIG SPRING CREEK 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. October 24, 2022 41S 29774-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S Water Right Number: 41S 29774-00 Version: STATEMENT OF CLAIM 4 -- POST DECREE Status: Owners: DISMISSED MONTANA STATE BOARD OF LAND COMMISSIONERS TRUST LAND MANAGEMENT DIVISION PO BOX 201601 HELENA, MT 59620 1601 Priority Date: Type of Historical Right: Purpose (use): IRRIGATION Flow Rate: Volume: Source Name: Source Type: UNNAMED TRIBUTARY OF BURNETTE CREEK 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. October 24, 2022 41S 101595-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S Water Right Number: 41S 101595-00 Version: STATEMENT OF CLAIM 4 -- POST DECREE Status: Owners: DISMISSED MONTANA STATE BOARD OF LAND COMMISSIONERS TRUST LAND MANAGEMENT DIVISION PO BOX 201601 HELENA, MT 59620 1601 Priority Date: Type of Historical Right: Purpose (use): IRRIGATION Flow Rate: Volume: Source Name: Source Type: WOLF CREEK 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. October 24, 2022 41S 101596-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S Water Right Number: 41S 101596-00 Version: STATEMENT OF CLAIM 4 -- POST DECREE Status: Owners: DISMISSED MONTANA STATE BOARD OF LAND COMMISSIONERS TRUST LAND MANAGEMENT DIVISION PO BOX 201601 HELENA, MT 59620 1601 Priority Date: Type of Historical Right: Purpose (use): IRRIGATION Flow Rate: Volume: Source Name: Source Type: WOLF CREEK 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. October 24, 2022 41S 112266-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S Water Right Number: 41S 112266-00 Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: Owners: DISMISSED MONTANA STATE BOARD OF LAND COMMISSIONERS TRUST LAND MANAGEMENT DIVISION PO BOX 201601 HELENA, MT 59620 1601 Priority Date: Type of Historical Right: Purpose (use): STOCK Flow Rate: Volume: Source Name: Source Type: UNNAMED TRIBUTARY OF WARM SPRING CREEK 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. October 24, 2022 41S 112267-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S Water Right Number: 41S 112267-00 Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: Owners: DISMISSED MONTANA STATE BOARD OF LAND COMMISSIONERS TRUST LAND MANAGEMENT DIVISION PO BOX 201601 HELENA, MT 59620 1601 Priority Date: Type of Historical Right: Purpose (use): STOCK Flow Rate: Volume: Source Name: Source Type: UNNAMED TRIBUTARY OF WARM SPRING CREEK 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. October 24, 2022 41S 112269-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S Water Right Number: 41S 112269-00 Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: Owners: DISMISSED MONTANA STATE BOARD OF LAND COMMISSIONERS TRUST LAND MANAGEMENT DIVISION PO BOX 201601 HELENA, MT 59620 1601 Priority Date: Type of Historical Right: Purpose (use): STOCK Flow Rate: Volume: Source Name: Source Type: UNNAMED TRIBUTARY OF WARM SPRING CREEK 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. October 24, 2022 41S 128202-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S Water Right Number: 41S 128202-00 Version: STATEMENT OF CLAIM 4 -- POST DECREE Status: Owners: DISMISSED MONTANA STATE BOARD OF LAND COMMISSIONERS TRUST LAND MANAGEMENT DIVISION PO BOX 201601 HELENA, MT 59620 1601 Priority Date: Type of Historical Right: Purpose (use): IRRIGATION Flow Rate: Volume: Source Name: Source Type: SPRING, UNNAMED TRIBUTARY OF LOUSE CREEK GROUNDWATER Point of Diversion and Means of Diversion: Period of Use: Place of Use: Remarks: THIS CLAIM WAS DISMISSED BY ORDER OF THE WATER COURT. October 24, 2022 41S 128273-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S Water Right Number: 41S 128273-00 Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: Owners: DISMISSED MONTANA STATE BOARD OF LAND COMMISSIONERS TRUST LAND MANAGEMENT DIVISION PO BOX 201601 HELENA, MT 59620 1601 Priority Date: Type of Historical Right: Purpose (use): STOCK Flow Rate: Volume: Source Name: Source Type: UNNAMED TRIBUTARY OF COURTNEYS CREEK, NORTH FORK 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. October 24, 2022 41S 128277-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S Water Right Number: 41S 128277-00 Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: Owners: DISMISSED MONTANA STATE BOARD OF LAND COMMISSIONERS TRUST LAND MANAGEMENT DIVISION PO BOX 201601 HELENA, MT 59620 1601 Priority Date: Type of Historical Right: Purpose (use): STOCK Flow Rate: Volume: Source Name: Source Type: GROUNDWATER GROUNDWATER Point of Diversion and Means of Diversion: Period of Use: Place of Use: Remarks: THIS CLAIM WAS DISMISSED BY ORDER OF THE WATER COURT. October 24, 2022 41S 215265-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JUDITH RIVER BASIN 41S Water Right Number: 41S 215265-00 Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: DISMISSED Late Claim: B Owners: MONTANA STATE BOARD OF LAND COMMISSIONERS TRUST LAND MANAGEMENT DIVISION PO BOX 201601 HELENA, MT 59620 1601 Priority Date: Type of Historical Right: Purpose (use): IRRIGATION Flow Rate: Volume: Source Name: Source Type: ROSS FORK CREEK 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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