Lee Ranch

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FILED 01/08/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: Julia __________________ Romero 40D-0258-R-2023 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 (406) 586-4364 1-800-624-3270 watercourt@mt.gov Nordlund, Julia 3.00 IN THE WATER COURT OF THE STATE OF MONTANA LOWER MISSOURI DIVISION BIG DRY CREEK - BASIN (40D) PRELIMINARY DECREE ******************************************************** CASE 40D-0258-R-2023 40D 27906-00 40D 27912-00 CLAIMANTS: Lee Ranch 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 Claims 40D 27906-00 and 40D 27912-00 appeared in the Preliminary Decree for Big Dry Creek (Basin 40D) with Montana Department of Natural Resources and Conservation (“DNRC”) issue remarks. Lee Ranch owns the claims. On November 29, 2023, the claims were consolidated into Water Court Case 40D-0258-R-2023 to resolve the issue remarks. FINDINGS OF FACT 1. Claim 40D 27906-00 is a stock claim from an onstream reservoir on an unnamed tributary of Bootjack Creek. The claim received the following issue remark: THE PLACE OF USE APPEARS TO BE IN THE SWSENE SEC 3 TWP 12N RGE 41E GARFIELD COUNTY. 1 2. Claim 40D 27912-00 is a stock claim from an onstream reservoir on an unnamed tributary of Thompson Creek. THE PLACE OF USE APPEARS TO NEED MODIFICATION BASED ON THE DNRC CORRECTION TO THE POINT OF DIVERSION. THE CORRECT PLACE OF USE LEGAL LAND DESCRIPTION APPEARS TO BE THE NWSENE SEC 12 TWP 12N RGE 41E ROSEBUD COUNTY. 3. In the consolidation order, a deadline was set for the Claimant to file evidence to resolve the issue remarks. The consolidation order stated that if nothing was filed by the deadline, the Court will assume the Claimant agrees with the DNRC determinations. 4. On December 5, 2023, Robert Lee contacted the Water Court and stated the location of the onstream reservoir for claim 40D 27912-00 is in the NENE of Section 11, T12N, R41E with the dam just over the section line into Section 12. He attached two Farm Service Agency maps to support his assertion. 5. The Claimant did not provide any evidence for the place of use for claim 40D 27906-00. It is presumed that the Claimant agrees with the DNRC’s determination about the place of use for claim 40D 27906-00. The issue remark states the place of use is in Gar eld County, however, this appears to be a typographical error as the place of use and points of diversion for this claim reside in Rosebud County. 1 2 6. The remaining remarks appearing on the claims are for the purpose of providing notice to other water users. They have served such purpose. 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. 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. When resolving issue remarks, the Montana Water Court must weigh the information resulting in the issue remark and the issue remark against the claimed water right. Section 85-2-247(2), MCA. 5. The evidence in the record supports the corrections outlined above and resolves the issue remarks. RECOMMENDATIONS Based upon the above Findings of Fact and Conclusions of Law, this Master recommends the Court make the changes specified above. 3 Post Decree Abstracts of Water Right Claim are served with this Master’s Report to confirm the recommended corrections have been made in the state’s centralized record system. ELECTRONICALLY SIGNED AND DATED BELOW. Service via USPS mail: Lee Ranch PO Box 23 Forsyth, MT 59327 \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\40D PD\40D Cases\40D-0258-R-2023\40D-258 MR 1-3-24 jr.docx 4 Electronically Signed By: Hon. Judge Julia Nordlund Mon, Jan 08 2024 12:48:57 PM January 8, 2024 40D 27906-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM BIG DRY CREEK BASIN 40D 40D 27906-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: LEE RANCH PO BOX 23 FORSYTH, MT 59327 Priority Date: DECEMBER 31, 1959 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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 STOCKWATERING 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: UNNAMED TRIBUTARY OF BOOTJACK CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWSENE 3 12N 41E ROSEBUD Sec 3 Twp 12N Rge 41E County ROSEBUD Sec 3 Twp 12N Rge 41E County ROSEBUD Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: DAM Reservoir: ONSTREAM Govt Lot Qtr Sec SWSENE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SWSENE January 8, 2024 40D 27912-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM BIG DRY CREEK BASIN 40D 40D 27912-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE Owners: LEE RANCH PO BOX 23 FORSYTH, MT 59327 Priority Date: DECEMBER 31, 1969 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 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 STOCKWATERING 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: UNNAMED TRIBUTARY OF THOMPSON CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NENE 11 12N 41E ROSEBUD Sec 11 Twp 12N Rge 41E County ROSEBUD Sec 11 Twp 12N Rge 41E County ROSEBUD Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: PIT Reservoir: ONSTREAM Govt Lot Qtr Sec NENE Diversion to Reservoir: DIVERSION # 1 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NENE

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