Donna J. Gilmer; Deborah J. McCauley; Douglas J. McCauley; Ryan Topel-Gilmer, Donna J. Gilmer; United States of America (USDA Forest Service)
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FILED 03/06/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41E-0180-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 ************************* CLAIMANTS: Donna J. Gilmer; Deborah J. McCauley; Douglas J. McCauley; Ryan Topel-Gilmer CASE 41E-0180-R-2024 41E 19268-00 OBJECTORS: Donna J. Gilmer; United States of America (USDA Forest Service) 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 Donna J. Gilmer and the United States of America (USDA Forest Service) each objected to Donna J. Gilmer, Deborah J. McCauley, Douglas J. McCauley, and Ryan Topel-Gilmer claim 43B 19268-00. On February 27, 2024 the par es led a S pula on To Resolve Objec on which 1 resolves both objec ons. The S pula on is viewable in the Court’s FullCourt Enterprise case management system. 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. The means of diversion should be PIPELINE. 2. The Preliminary Decree states that the place of use legal descrip on is the SESENW sec on 34, T6N, R3W, Je erson. The legal descrip on should be the NESWSW sec on 34, T6N, R3W, JEFFERSON. The following clari ca on remark should be added to the place of use: THE 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 Wed, Mar 06 2024 02:19:43 PM Service via USPS Mail: Donna J. Gilmer Deborah J. McCauley Ryan Topel-Gilmer PO Box 6 Boulder, MT 59632 Douglas J. McCauley PO Box 328 Boulder, MT 59632 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\180R\180R mr 2-17-24 jbc.docx 3 March 6, 2024 41E 19268-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM BOULDER RIVER, TRIBUTARY TO JEFFERSON RIVER BASIN 41E 41E 19268-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: DONNA J GILMER PO BOX 6 BOULDER, MT 59632-0006 Owners: DEBORAH J MCCAULEY PO BOX 6 BOULDER, MT 59632-0006 DOUGLAS J MCCAULEY PO BOX 328 BOULDER, MT 59632-0328 RYAN TOPEL-GILMER PO BOX 6 BOULDER, MT 59632-0006 Priority Date: JUNE 1, 1941 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. 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 WATER TANK GULCH Source Name: GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWNESE 33 6N 3W JEFFERSON Sec 34 Twp 6N Rge 3W County JEFFERSON Period of Diversion: JUNE 1 TO SEPTEMBER 30 Diversion Means: PIPELINE JUNE 1 TO SEPTEMBER 30 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NESWSW THE PLACE OF USE IS LOCATED ENTIRELY ON PRIVATE LAND
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