Beth Ann Lawrence; Roderick Lawrence, Montana State Board of Land Commissioners

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FILED 01/05/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 40D-0017-R-2023 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 (406) 586-4364 1-800-624-3270 watercourt@mt.gov Nordlund, Julia 5.00 IN THE WATER COURT OF THE STATE OF MONTANA LOWER MISSOURI DIVISION BIG DRY CREEK - BASIN (40D) PRELIMINARY DECREE ******************************************************** CLAIMANTS: Beth Ann Lawrence; Roderick Lawrence OBJECTORS: Montana State Board of Land Commissioners CASE 40D-0017-R-2023 40D 178557-00 NOTICE OF FILING OF MASTER’S REPORT This Master’s Report was filed with the Montana Water Court on the abovestamped 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. 1 MASTER’S REPORT Claim 40D 178557-00 appeared in the Preliminary Decree for Big Dry Creek (Basin 40D) with Montana Department of Natural Resources and Conservation issue remark and an objection from the Montana State Board of Land Commissioners (“MSBLC”). Beth Ann Lawrence and Roderick Lawrence own the claim. On October 16, 2023, the claim was consolidated into Water Court Case 40D-0017-R-2023 to address the issue remark and objection. FINDINGS OF FACT 1. Claim 40D 178557-00 is a flood irrigation claim from an onstream reservoir from Langseth Coulee. 2. The claim received the following issue remark: THE CLAIMED VOLUME APPEARS TO BE EXCESSIVE FOR THE CLAIMED PURPOSE. THE CLAIMED VOLUME EQUALS 67.6 TIMES THE CAPACITY OF THE RESERVOIR. 3. MSBLC filed an objection to the flow rate/volume and ownership. The objection states that Place of Use No. 4 is located on Montana School Trust Land acquired by the State of Montana on January 6, 1933. 4. On December 15, 2023, MSBLC filed a Stipulation for Resolution of Issue Remarks and Objections. 1 MSBLC and the Claimants agree that Place of Use No. 4 should be refined to NENE of Section 11, T19N, R36E, Garfield County to remove State Trust Land from the place of use and the volume should be reduced to 25 acre-feet. CONCLUSIONS OF LAW 1. 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 contradicted and overcome by other evidence that proves, by a preponderance of the evidence, that an element of the prima facie claim is incorrect. This is the burden of proof for every assertion that a claim is incorrect. Rule 19, W.R.Adj.R. The Stipulation and all other case documents are viewable in the Water Court’s FullCourt Enterprise case management system. 1 2 2. The degree or weight of evidence needed to contradict or overcome the prima facie proof statute is a preponderance of the evidence. Burkhartsmeyer et al. v. Burkhartsmeyer et al., Case 40G-2, (MT Water Court Memorandum Opinion and Order Adopting Master’s Report, Mar. 11, 1997). The Montana Supreme Court has defined preponderance as “a relatively modest standard that the statutory criteria are ‘more probable than not’ to have been met.” Hohenlohe v. State, 2010 MT 203 ¶ 33, 357 Mont. 438, 240 P.3d 628. 3. The Montana Water Court is permitted to use information submitted by the Department of Natural Resources and Conservation, the statement of claim, information from approved compacts, and any other data obtained by the Court to evaluate water right claims. Section 85-2-231(2), MCA. 4. Settlement agreements are subject to review and approval of the Water Court. Rule 17(a), W.R.Adj.R. If a claimant agrees to reduce or limit an element of a claim, the water court may accept the claimant’s requested reduction or limitation without further presentation of evidence, unless there is an unresolved issue remark on the claim, in which case § 85-2-248, MCA must be applied. Rule 17(c), W.R.Adj.R. 5. The Stipulation filed in this case resolves the issue remark and objection in this case, supports making the modifications outlined above, and should be accepted by the Court. RECOMMENDATIONS Based upon the above Findings of Fact and Conclusions of Law, this Master recommends the Court make the changes specified above. A Post Decree Abstract of Water Right Claim is served with this Master’s Report to confirm the recommended modifications have been made in the state’s centralized record system. ELECTRONICALLY SIGNED AND DATED BELOW. 3 Electronically Signed By: Hon. Judge Julia Nordlund Fri, Jan 05 2024 02:16:44 PM Service via USPS mail: Lawrence, Beth Ann Lawrence, Roderick 636 Steve Forks Rd Jordan, MT 59337-9611 Service Via Electronic Mail: Terisa Oomens MT DOJ 1712 Ninth Ave PO Box 201440 Helena, MT 59620-1440 Terisa.Oomens@mt.gov blcwatercourt@mt.gov \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\40D PD\40D Cases\40D-0017-R-2023\40D-17 MR 1-4-24.docx 4 January 4, 2024 40D 178557-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM BIG DRY CREEK BASIN 40D 40D 178557-00 Water Right Number: Version: STATEMENT OF CLAIM 4 -- POST DECREE ACTIVE Status: BETH ANN LAWRENCE 636 STEVE FORKS RD JORDAN, MT 59337-9611 Owners: RODERICK LAWRENCE 636 STEVE FORKS RD JORDAN, MT 59337-9611 Priority Date: AUGUST 17, 1946 Type of Historical Right: FILED Purpose (Use): IRRIGATION FLOOD Irrigation Type: NO FLOW RATE HAS BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. *Flow Rate: 25.00 AC-FT Volume: 1 - HIGH Climatic Area: Maximum Acres: 180.00 Source Name: LANGSETH COULEE SURFACE WATER Source Type: *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County S2NESE 2 19N 36E GARFIELD Sec 2 Twp 19N Rge 36E County GARFIELD JANUARY 1 TO DECEMBER 31 *Period of Diversion: DAM Diversion Means: ONSTREAM *Reservoir: Govt Lot Qtr Sec S2NESE Diversion to Reservoir: DIVERSION # 1 THE DAM EXTENDS INTO THE NESESE SEC 2 TWP 19N RGE 36E GARFIELD COUNTY. MARCH 1 TO SEPTEMBER 1 Period of Use: Place of Use: ID 1 Acres 70.00 2 3 Govt Lot Qtr Sec SE Sec 2 Twp 19N Rge 36E County GARFIELD 25.00 S2SW 1 19N 36E GARFIELD 62.00 NW 12 19N 36E GARFIELD January 4, 2024 40D 178557-00 4 Page 2 of 2 Post Decree Abstract 23.00 Total: 180.00 NENE 11 19N 36E GARFIELD

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