James B. & Eileen C. Scrivner Living Trust, United States of America (Bureau of Land Management)
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Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 1-800-624-3270 (406) 586-4364 watercourt@mt.gov MONTANA WATER COURT, YELLOWSTONE DIVISION YELLOWSTONE RIVER ABOVE AND INCLUDING BRIDGER CREEK BASIN BASIN 43B PRELIMINARY DECREE ****************************** CLAIMANT: James B. & Eileen C. Scrivner Living Trust CASE 43B-0558-R-2021 43B 13688-00 OBJECTOR: United States of America (Bureau of Land Management) 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 finding 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 to be added to the 10-day objection period. Rule 6(d), M.R.Civ.P. 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 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 The United States of America (Bureau of Land Management) objected to James B. & Eileen C. Scrivner Living Trust claim 43B 13688-00. Stipulation To Resolve Objections. On May 16, 2022 the parties filed a The Stipulation is viewable in the Court’s FullCourt Enterprise case management system. APPLICABLE LAW A properly filed Statement of Claim for Existing Water Right is prima facie proof of its content pursuant to section 85-2-227, MCA. This prima facie proof may be contradicted and overcome by other evidence that proves, by a preponderance of the evidence, that the elements of the claim do not accurately reflect the beneficial use of the water right as it existed prior to July 1, 1973. This is the burden of proof for every assertion that a claim is incorrect including for claimants objecting to their own claims. Rule 19, W.R.Adj.R. FINDING OF FACT The Preliminary Decree states that the place of use is section 21, T2S, R16E, SWEET GRASS. The place of use should be the N2NE section 21, T2S, R16E, SWEET GRASS. CONCLUSION OF LAW The settlement filed by the parties is sufficient to contradict and overcome the prima facie claim. RECOMMENDATIONS Based upon the above Finding of Fact and Conclusion of Law, this Master recommends that the Court make the change specified in the Finding 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 change has been made in the state's centralized record system. Digitally signed by Kathryn Lambert Date: 2022.08.12 08:09:34 -06'00' ________________________________ Kathryn L. W. Lambert Senior Water Master 2 Service Via USPS Mail: James B. & Eileen C. Scrivner Living Trust 1204 Manor Dr Mount Horeb, WI 53572-1838 Service Via Email: Romney S. Philpott, Trial Attorney US Department of Justice ENRD, Natural Resources Section 999 18th Street, South Terrace Suite 370 Denver, CO 80202 (303) 844-1810 romney.philpott@usdoj.gov montanabasins.enrd@usdoj.gov \\JUDGALH2OSRV\DATAVOL\SHARE\WC-BASIN FOLDERS\43B PD\CASES\558R\558R MR 8-4-22 NR.DOCX 3 August 5, 2022 43B 13688-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM YELLOWSTONE RIVER, ABOVE & INCLUDING BRIDGER CREEK BASIN 43B 43B 13688-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: SCRIVNER, JAMES B & EILEEN C LIVING TRUST Owners: 1204 MANOR DR MOUNT HOREB, WI 53572 1838 Priority Date: DECEMBER 31, 1922 Type of Historical Right: USE 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: SPRING, UNNAMED TRIBUTARY OF BRIDGER CREEK GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NENWNE 21 2S 16E SWEET GRASS Twp 2S Rge 16E County SWEET GRASS Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec N2NE Sec 21
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