Daniel B. Bidegaray

Annotate this Case

Download PDF

FILED 02/08/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 40S-6001-A-2023 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 (406) 586-4364 1-800-624-3270 watercourt@mt.gov Nordlund, Julia 2.00 IN THE WATER COURT OF THE STATE OF MONTANA LOWER MISSOURI DIVISION MISSOURI RIVER BELOW FORT PECK DAM BASIN 40S ******************** CASE 40S-6001-A-2023 40S 168830 CLAIMANTS: Daniel B. Bidegaray 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. 1 MASTER’S REPORT On December 17, 2023, Claimant Daniel Bidegaray submitted a Motion to Amend claim 40S 168830-00. The Motion is based on a typographical error found by DNRC while performing an ownership transfer. FINDINGS OF FACT 1. The original Statement of Claim for 40S 168830-00 claimed a place of use ID 2 in the NWNWNE Sec. 2, Twp 26N, Rge 54E. 2. The Amendment from Claimant states the POU ID 2 should be NWNWNE Sec. 2, Twp 25N, Rge. 54E. 3. The map attached to the Motion shows the request accurately reflects historical usage. 4. The error regarding the legal descriptions of the place of use went unnoticed during the Temporary Preliminary Decree. 5. The change to the place of use would neither result in an expansion of the water right nor negatively impact anyone other than Claimant and thus results in no need for notice pursuant to Section 85-2-233(6), MCA. 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. A preponderance of the evidence is evidence that demonstrates the fact to be proved is "more probable than not." Hohenlohe v. State, 2010 MT 203, ¶33, 357 Mont. 348, 240 P.3d 628. 2. 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. 2 3. Pursuant to § 85-2-227(2), MCA: A water judge may consider all relevant evidence in the determination and interpretation of existing water rights. Relevant evidence under this part may include admissible evidence arising before or after July 1, 1973. 4. The evidence entered into the record is sufficient to support making the correction above. RECOMMENDATIONS Based upon the above Findings of Fact and Conclusions of Law, this Master recommends that the Court make the changes specified above to correct the Preliminary Decree for this Basin. A Post Decree Abstract of Water Right Claim is served with this Report to confirm that the recommended changes have been made in the state’s centralized record system. ELECTRONICALLY SIGNED AND DATED BELOW. Service via USPS mail: Bidegaray, Daniel B. 1700 W Koch Street Suite 5 Bozeman, MT 59715-4148 \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\40S\40S CASES\40S-6001-A-2023\40S-6001 MR MOA change of POU 2-7-24 jr.docx 3 Electronically Signed By: Hon. Judge Julia Nordlund Thu, Feb 08 2024 02:32:41 PM February 7, 2024 40S 168830-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, BELOW FORT PECK DAM BASIN 40S 40S 168830-00 Water Right Number: Version: STATEMENT OF CLAIM 2 -- POST DECREE ACTIVE Status: Owners: DANIEL B BIDEGARAY 1700 W KOCH ST STE 5 BOZEMAN, MT 59715-4148 Priority Date: DECEMBER 31, 1963 Type of Historical Right: USE Purpose (Use): IRRIGATION WATER SPREADING Irrigation Type: Flow Rate: NO FLOW RATE HAS BEEN DECREED BECAUSE THIS USE CONSISTS OF DIRECT FLOW WATER SPREADING. 21.00 AC-FT Volume: 2 - MODERATELY HIGH Climatic Area: Maximum Acres: 14.00 Source Name: UNNAMED TRIBUTARY OF EAST CHARLIE CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SENWNE 2 25N 54E RICHLAND Qtr Sec S2SWSE Sec 35 Twp 26N Rge 54E County RICHLAND NWNWNE 2 25N 54E RICHLAND Period of Diversion: FEBRUARY 1 TO MAY 31 Diversion Means: DIVERSION DAM FEBRUARY 1 TO MAY 31 Period of Use: Place of Use: ID 1 Acres 9.00 2 5.00 Total: 14.00 Govt Lot

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.