George L. Cremer; Leo J. Cremer Jr., Cremer Rodeo Land & Livestock Co.
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FILED 01/22/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 40A-0634-R-2023 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 1-800-624-3270 (406) 586-4364 watercourt@mt.gov Lockman, Melissa 5.00 IN THE WATER COURT OF THE STATE OF MONTANA LOWER MISSOURI DIVISION MUSSELSHELL RIVER ABOVE ROUNDUP (BASIN 40A) PRELIMINARY DECREE ***************************************************** CLAIMANTS: George L. Cremer; Leo J. Cremer Jr. OBJECTORS: Cremer Rodeo Land & Livestock Co. CASE 40A-0634-R-2023 40A 187799-00 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. 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 Claim 40A 187799-00 appeared in the Preliminary Decree for the Musselshell River above Roundup (Basin 40A) issued on June 7, 2017. The claim is owned by George L. Cremer and Leo J. Cremer, Jr. The claim received an objection from Cremer Rodeo Land & Livestock Co. 1 FINDINGS OF FACT 1. Claim 40A 187799-00 was decreed as a claim for a domestic well in the NESENW of Section 10, T3N, R17E, Sweet Grass County. Cremer Rodeo Land & Livestock objected to the claim, stating: The Sweet Grass County cadastral records indicates the current owner is Cremer Rodeo Land & Livestock, PO Box 276, Melville, MT 59055-0276. The Ground Water Information Center well log Id: #14791 indicates a priority date of 01/01/1912. 2. Counsel for Claimants, Objector, and Sure Shot Land Company indicated that an ownership update has been submitted but has not been completed. There are no ownership updates currently pending in the DNRC’s database. 3. Claim 40A 187799-00 was decreed with a priority date of December 31, 4. The Court ordered Cremer Rodeo to file evidence supporting their 1912. contention that the priority date should be January 1, 1912. 5. On December 18, 2023, counsel for the parties file a statement indicating “[t]he priority date for this claim should be 1912 as supported by the Declaration of Vested Groundwater Rights[.]” (Doc. 1 4.00). The statement included a copy of the Declaration of Vested Groundwater Rights that was attached to the Statement of Claim. 6. The Declaration of Vested Groundwater Rights states the earliest beneficial use is 1912. No month or day were included. PRINCIPLE OF LAW 1. When a claimed priority date only identifies a year, the last day of the year is assigned to the priority date. See Rule 13(f)(3)(iii), W.R.C.E.R. CONCLUSION OF LAW 1. The objection fails to overcome the prima facie status of claim 40A 187799-00. The evidence provided by Objector is the same as the information in the claim file. Because only the year (1912) was claimed as the priority date, based on Rule 13(f)(3)(iii), W.R.C.E.R., the priority date was correctly decreed as December 31, 1912. “Doc.” numerical references correlate to case file docket numbers in the Water Court’s Full Court case management system. 1 2 RECOMMENDATIONS 1. The priority date for claim 40A 187799-00 should remain as December 31, 1912. A post decree abstract of the water right claim reflecting the recommendation is attached to this Report. ELECTRONICALLY SIGNED AND DATED BELOW. Service via USPS Mail George L Cremer Cremer Rodeo Land & Livestock Co PO Box 276 Melville, MT 59055 Leo J Cremer Jr 241 S Frontage Road Big Timber, MT 59011 Service via Electronic Mail Colleen Coyle Coyle Law Firm PO Box 1326 Bozeman, MT 59771 (406) 551-4868 colleen@coylelawmt.com \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\40A PD\40A Cases\40A-634 MR 1-10-24 jbc for vh.docx 3 Electronically Signed By: Hon. Judge Melissa Lockman Mon, Jan 22 2024 10:36:57 AM January 10, 2024 40A 187799-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MUSSELSHELL RIVER, ABOVE ROUNDUP BASIN 40A 40A 187799-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: GEORGE L CREMER PO BOX 276 MELVILLE, MT 59055-0276 Owners: LEO J CREMER JR 241 S. FRONTAGE ROAD BIG TIMBER, MT 59011-8030 Priority Date: DECEMBER 31, 1912 Type of Historical Right: FILED Purpose (Use): DOMESTIC Flow Rate: 15.00 GPM Volume: 5.00 AC-FT 1 Households: Maximum Acres: 2.00 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 NESENW 10 3N 17E SWEET GRASS Sec 10 Twp 3N Rge 17E County SWEET GRASS JANUARY 1 TO DECEMBER 31 WELL Diversion Means: JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres 2.00 Total: Govt Lot Qtr Sec NESENW 2.00 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. 179893-00 187799-00
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