Devils Fence Ranch LLC, Devils Fence Ranch LLC

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FILED 03/13/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41E-0173-R-2024 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 (406) 586-4364 1-800-624-3270 watercourt@mt.gov Lambert, Kathryn 3.00 IN THE WATER COURT OF THE STATE OF MONTANA UPPER MISSOURI DIVISION BOULDER RIVER—TRIBUTARY OF THE JEFFERSON RIVER (BASIN 41E) PRELIMINARY DECREE ************************* CASE 41E-0173-R-2024 41E 94290-00 41E 30131523 CLAIMANT: Devils Fence Ranch LLC OBJECTOR: Devils Fence Ranch LLC 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 Devils Fence Ranch LLC objected to each of these claims. On March 8, 2024 Devils Fence Ranch LLC led a Mo on To Modify Preliminary Decree Of Water Rights 41E 94290-00 And 41E 30131523 To Resolve Objec ons And DNRC Issue Remarks. This setlement documenta 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. For claim 41E 94290-00, the Preliminary Decree states that the source is WILLOW SPRINGS and the source type is GROUNDWATER. The source was changed during the Temporary Preliminary Decree but the change was not made. The source should be UNNAMED TRIBUTARY OF BOULDER RIVER with the following clari ca on remark: THIS RIGHT ALSO INCLUDES GROUNDWATER FROM WILLOW SPRINGS. The source type should be: SURFACE. 2. For claim 41E 30131523, the SENW sec on 21, T4N, R2W JEFFERSON should be added to the point of diversion and place of use as shown on the marked aerial photograph atached to the Statement of Claim. The abstract of this claim also includes the following no ce remark: THIS CLAIM NUMBER WAS NOT INCLUDED IN THE BASIN 41E DECREE ISSUED 06/20/1985. This remark provides no ce that the claim was not in the Temporary Preliminary Decree. The remark should be removed as having served its no ce purpose. CONCLUSION OF LAW The setlement is su cient to contradict and overcome the prima facie claims. 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 for each 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 Wed, Mar 13 2024 04:39:50 PM Service Via Electronic Mail: Jeremy A. Michael Cusick, Farve, Ma ck & Re ing, P.C. PO Box 1288 Bozeman, MT 59771-1288 (406) 587-5511 o ce@cmrlawmt.com \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\41E PD\41E CASES\173R\173R mr 3-8-24 jbc.docx 3 March 13, 2024 41E 94290-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM BOULDER RIVER, TRIBUTARY TO JEFFERSON RIVER BASIN 41E 41E 94290-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE Owners: DEVILS FENCE RANCH LLC 195 DUNN LN BOULDER, MT 59632-9739 Priority Date: MAY 2, 1893 Type of Historical Right: USE 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. *Volume: 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. *Source Name: UNNAMED TRIBUTARY OF BOULDER RIVER SURFACE WATER Source Type: THIS RIGHT ALSO INCLUDES GROUNDWATER FROM WILLOW SPRINGS. *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County N2NW 21 4N 2W JEFFERSON Twp 4N Rge 2W County JEFFERSON Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE JANUARY 1 TO DECEMBER 31 Period of Use: *Place of Use: ID 1 Acres Govt Lot Qtr Sec N2NW Sec 21 March 13, 2024 41E 30131523 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM BOULDER RIVER, TRIBUTARY TO JEFFERSON RIVER BASIN 41E 41E 30131523 Water Right Number: Version: STATEMENT OF CLAIM 2 -- POST DECREE Status: ACTIVE Owners: DEVILS FENCE RANCH LLC 195 DUNN LN BOULDER, MT 59632-9739 Priority Date: MAY 2, 1893 Type of Historical Right: USE 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. *Volume: 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. UNNAMED TRIBUTARY OF BOULDER RIVER Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWNE 21 4N 2W JEFFERSON 4N 2W JEFFERSON Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 2 Period of Diversion: SENW 21 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE Diversion Means: JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 2 Acres Govt Lot Qtr Sec SWNE Sec 21 Twp 4N Rge 2W County JEFFERSON SENW 21 4N 2W JEFFERSON

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