Tom Carey Cattle Co.; Dunn Canyon Cattle Co.; X-C Ranch Inc., Tom Carey Cattle Co.; Dunn Canyon Cattle Co.; X-C Ranch Inc.

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FILED 03/29/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41E-0175-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 ************************* CLAIMANTS: Tom Carey Cattle Co.; Dunn Canyon Cattle Co.; X-C Ranch Inc. CASE 41E-0175-R-2024 41E 94270-00 OBJECTORS: Tom Carey Cattle Co.; Dunn Canyon Cattle Co.; X-C Ranch Inc. 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 or recommendation. 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 Tom Carey Cattle Co., Dunn Canyon Cattle Co., and X-C Ranch Inc. objected to this claim. On March 18, 2024 the parties filed a Motion To Modify Preliminary Decree Of Water Right 41E 1 94270-00 To Resolve Objections. The settlement is viewable in the Court’s FullCourt Enterprise case management system. APPLICABLE LAW Judicial notice is taken of the Temporary Preliminary Decree proceedings for Case 41E 70. Rule 202, M.R.Evid.R. FINDING OF FACT This claim was in Temporary Preliminary Decree Case 41E-70 in which it was determined the source is BOULDER RIVER. The abstract was incorrectly modified at that time. Consequently, the Preliminary Decree states that the source is SPRING, BOULDER RIVER. The source should be BOULDER RIVER. RECOMMENDATION Based upon the above Finding of Fact, this Master recommends that the Court grant the motion and make the change 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 change has been made in the state's centralized record system. ELECTRONICALLY SIGNED AND DATED BELOW 2 Electronically Signed By: Hon. Judge Kathryn Lambert Fri, Mar 29 2024 02:36:24 PM Service Via Electronic Mail: Jeremy A. Michael Cusick, Farve, Mattick & Refling, P.C. PO Box 1288 Bozeman, MT 59771-1288 (406) 587-5511 office@cmrlawmt.com \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\41E PD\41E CASES\175R\175R mr 3-25-24 jbc.docx 3 March 28, 2024 41E 94270-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM BOULDER RIVER, TRIBUTARY TO JEFFERSON RIVER BASIN 41E 41E 94270-00 Water Right Number: Version: STATEMENT OF CLAIM 4 -- POST DECREE Status: ACTIVE CAREY, TOM CATTLE CO 2120 MT HWY 69 BOULDER, MT 59632-9730 Owners: DUNN CANYON CATTLE CO CHRIS CAREY 2300 MT HWY 69 BOULDER, MT 59632-9732 X-C RANCH INC 2235 MT HIGHWAY 69 BOULDER, MT 59632-9731 Priority Date: MAY 1, 1912 Type of Historical Right: USE Purpose (Use): IRRIGATION FLOOD Irrigation Type: *Flow Rate: 4.80 CFS *Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 4 - MODERATELY LOW Climatic Area: *Maximum Acres: 96.00 *Source Name: BOULDER RIVER SURFACE WATER Source Type: *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWSWSWNE 30 4N 2W JEFFERSON Qtr Sec SWNE Sec 30 Twp 4N Rge 2W County JEFFERSON Period of Diversion: MAY 1 TO OCTOBER 1 Diversion Means: HEADGATE MAY 1 TO OCTOBER 1 Period of Use: *Place of Use: ID 1 Acres 24.00 2 52.00 W2SE 30 4N 2W JEFFERSON 3 20.00 SESE 30 4N 2W JEFFERSON Total: Remarks: 96.00 Govt Lot March 28, 2024 41E 94270-00 Page 2 of 2 Post Decree Abstract THE WATER RIGHTS FOLLOWING THIS STATEMENT ARE SUPPLEMENTAL WHICH MEANS THE RIGHTS HAVE OVERLAPPING PLACES OF USE. THE RIGHTS CAN BE COMBINED TO IRRIGATE ONLY OVERLAPPING PARCELS. EACH RIGHT IS LIMITED TO THE FLOW RATE AND PLACE OF USE OF THAT INDIVIDUAL RIGHT. THE SUM TOTAL VOLUME OF THESE WATER RIGHTS SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 93901-00 94249-00 94251-00 94258-00 94259-00 94270-00 94252-00 94254-00 94256-00

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