Cerise Ranch LLC, United States of America (USDA Forest Service)
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FILED 03/18/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41E-0167-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: Cerise Ranch LLC OBJECTOR: United States of America (USDA Forest Service) CASE 41E-0167-R-2024 41E 25418-00 NOTICE OF FILING OF MASTER'S REPORT This Master’s Report was led with the Montana Water Court on the above stamped date. Please review this report carefully. You may le a writen objec on to this Master’s Report within 10 days of the stamped date if you disagree or nd errors with the Master’s ndings of fact, conclusion of law, or recommenda ons. Rule 23, W.R.Adj.R. If the Master’s Report was mailed to you, the Montana Rules of Civil Procedure allow an addi onal 3 days to be added to the 10-day objec on period. Rule 6(d), M.R.Civ.P. If you le an objec on, you must mail a copy of the objec on to all par es on the service list found at the end of the Master’s Report. The original objec on and a cer cate of mailing to all par es on the service list must be led with the Water Court. If you do not le a mely objec on, 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 Cerise Ranch LLC claim 41E 25418-00. On March 5, 2024 the par es led a S pula on To Resolve Objec ons. The S pula on is viewable in the Court’s FullCourt Enterprise case management system. 1 APPLICABLE LAW A properly led Statement of Claim for Exis ng Water Right is prima facie proof of its content pursuant to sec on 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 re ect the bene cial use of the water right as it existed prior to July 1, 1973. This is the burden of proof for every asser on that a claim is incorrect including for claimants objec ng to their own claims. Rule 19, W.R.Adj.R. FINDINGS OF FACT 1. The Preliminary Decree states that the means of diversion is FLOWING and the point of diversion legal descrip on is the SWSENW of sec on 36, T5N, R7W, JEFFERSON. The means of diversion should be LIVESTOCK DIRECT FROM SOURCE and the point of diversion legal descrip on should be the SWSWNE of sec on 36, T5N, R7W, JEFFERSON 2. The following clari ca on remark should be added to the abstract of this claim: THE POINT OF DIVERSION AND PLACE OF USE IS LOCATED ENTIRELY ON PRIVATE LAND. CONCLUSION OF LAW The setlement led by the par es is su cient to contradict and overcome the prima facie claim. RECOMMENDATIONS Based upon the above Findings of Fact and Conclusion of Law, this Master recommends that the Court make the changes speci ed in the Findings of Fact to correct the Preliminary Decree for this Basin. A Post Decree Abstract of Water Right Claim is served with this Report to con rm 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 Mon, Mar 18 2024 09:41:15 AM Service via USPS Mail: Cerise Ranch LLC 99 Rock Springs Rd Bute, MT 59701 Service Via Electronic Mail: Maggie Woodward US Dept of Jus ce 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\167R\167R mr 3-6-24 jbc.docx 3 March 13, 2024 41E 25418-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM BOULDER RIVER, TRIBUTARY TO JEFFERSON RIVER BASIN 41E 41E 25418-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: CERISE RANCH LLC 99 ROCK SPRINGS RD BUTTE, MT 59701-9519 Priority Date: MAY 1, 1894 Type of Historical Right: FILED Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED BECAUSE THIS USE CONSISTS OF STOCK DRINKING DIRECTLY FROM THE SOURCE, OR FROM A DITCH SYSTEM. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. 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 BISON CREEK Source Name: GROUNDWATER Source Type: ALSO KNOWN AS RUFFA'S SPRING Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWSWNE 36 5N 7W JEFFERSON Twp 5N Rge 7W County JEFFERSON Period of Diversion: APRIL 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE APRIL 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SWSWNE Sec 36 Remarks: THE POINT OF DIVERSION AND PLACE OF USE ARE LOCATED ENTIRELY ON PRIVATE LAND.
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