Carlson Ranch Limited Partnership, United States of America (USDA Forest Service)
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FILED 03/13/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41E-0165-R-2024 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 (406) 586-4364 1-800-624-3270 watercourt@mt.gov Lambert, Kathryn 4.00 IN THE WATER COURT OF THE STATE OF MONTANA UPPER MISSOURI DIVISION BOULDER RIVER—TRIBUTARY OF THE JEFFERSON RIVER (BASIN 41E) PRELIMINARY DECREE ************************* CLAIMANT: Carlson Ranch Limited Partnership CASE 41E-0165-R-2024 41E 30128738 OBJECTOR: United States of America (USDA Forest Service) 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. MASTER’S REPORT The United States of America (USDA Forest Service) objected to Carlson Ranch Limited Partnership claim 41E 30128738. On September 5, 2023 the claimant filed a response stating its agrees with the objection [“claimant’s response”]. On March 5, 2024 United States’ Response 1 To Court Order states that implementation of the requested change addresses its objection and the objection may be deemed resolved if the change is made [“objector’s response”]. The responses are 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 legal description is the NWNESE section 14, T6N, R6W, JEFFERSON. The objection states that the legal description should be the SENENW section 14, T6N, R6W, JEFFERSON. The claimant’s response states it agrees with the objection, specifically stating that the legal description should be the SENENW section 14, T6N, R6W, JEFFERSON. The objector’s response reiterates the requested change and states that, if implemented, its objection is resolved. The place of use legal description should be the SENENW section 14, T6N, R6W, JEFFERSON. CONCLUSION OF LAW The responses filed by the parties are 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 changes 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 changes have been made in the state's centralized record system. ELECTRONICALLY SIGNED AND DATED BELOW 2 Electronically Signed By: Hon. Judge Kathryn Lambert Wed, Mar 13 2024 02:36:23 PM Service via USPS Mail: Carlson Ranch Limited Partnership 27 Mountain View Rd Clancy, MT 59634 Service Via Electronic Mail: Maggie Woodward US Dept of Justice PO Box 7611 Washington, DC 20044-7611 (202) 305-4224 Maggie.Woodward@usdoj.gov MontanaBasins.ENRD@USDOJ.GOV \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\41E PD\41E CASES\165R\165R mr 3-7-24 jbc.docx 3 March 13, 2024 41E 30128738 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM BOULDER RIVER, TRIBUTARY TO JEFFERSON RIVER BASIN 41E 41E 30128738 Water Right Number: Version: STATEMENT OF CLAIM 2 -- POST DECREE ACTIVE Status: Owners: CARLSON RANCH LIMITED PARTNERSHIP 27 MOUNTAIN VIEW RD CLANCY, MT 59634-9502 Priority Date: MARCH 6, 1894 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: 35.00 GPM 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. *Volume: SPRING, UNNAMED TRIBUTARY OF RED ROCK CREEK Source Name: GROUNDWATER Source Type: *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SENENW 14 6N 6W JEFFERSON Sec 14 Twp 6N Rge 6W County JEFFERSON Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: SPRING BOX JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SENENW
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