John Pullman; Susan Pullman, John Pullman; Susan Pullman

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FILED 02/28/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41E-0201-R-2024 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 (406) 586-4364 1-800-624-3270 watercourt@mt.gov Lambert, Kathryn 5.00 IN THE WATER COURT OF THE STATE OF MONTANA UPPER MISSOURI DIVISION BOULDER RIVER—TRIBUTARY OF THE JEFFERSON RIVER (BASIN 41E) PRELIMINARY DECREE ************************* CLAIMANTS: John Pullman; Susan Pullman CASE 41E-0201-R-2024 41E 94208-00 41E 117695-00 41E 117701-00 OBJECTORS: John Pullman; Susan Pullman 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 findings 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 John Pullman and Susan Pullman objected to each of these claims. On February 20, 2024 Claimants’ Motion To Amend To Resolve Objections And Brief In Support were filed. The 1 “amendments” are changes to elements within the scope of the objections and therefore, are not governed by section 85-2-233(6), MCA. This settlement documentation is 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. FINDINGS OF FACT 1. For claim 41E 94208-00, the Preliminary Decree states that the point of diversion and place of use are both the NWNENW section 14, T2N, R3W, JEFFERSON. The point of diversion and place of use should both be: QTRSEC N2N2 SWNWNW NWSWNW SEC 14 13 13 TWP 2N 2N 2N RGE 3W 3W 3W COUNTY JEFFERSON JEFFERSON JEFFERSON 2. For claim 41E 117695-00, the Preliminary Decree states that the place of use is the SENESW section 14, T2N, R3W, JEFFERSON. The place of use should be: QTRSEC N2SW N2SE SEC 14 14 TWP 2N 2N RGE 3W 3W COUNTY JEFFERSON JEFFERSON 3. For claim 41E 117701-00, the Preliminary Decree states that the point of diversion and diversion means are the SWNWSE section 12, T2N, R3W, JEFFERSON, HEADGATE, and DOWNS DITCH. The point of diversion and diversion means should be the SENWNW section 13, T2N, R3W, JEFFERSON and PUMP, with no ditch name. The Preliminary Decree also includes the following notice remark: DITCH NAME WAS MODIFIED AS A RESULT OF DNRC REVIEW UNDER MONTANA WATER COURT REEXAMINATION ORDERS. IF NO OBJECTIONS ARE FILED TO THIS CLAIM, THESE ELEMENTS WILL REMAIN AS THEY APPEAR ON THIS ABSTRACT AND THE REMARK WILL BE REMOVED FROM THE CLAIM. 2 The remark provides notice of this change made prior to issuance of the Preliminary Decree. The remark does not raise an unresolved issue which needs to be addressed. There are no proceedings required for the remark. The remark should be removed as having served its notice purpose. CONCLUSION OF LAW The settlement filed by the claimants is sufficient 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 specified 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 confirm the recommended changes have been made in the state's centralized record system. ELECTRONICALLY SIGNED AND DATED BELOW Service Via Electronic Mail: Abigail R. Brown Parsons Behle & Latimer PO Box 104 Helena, MT 59624 406-410-5022 AbbyBrown@parsonsbehle.com ecf@parsonsbehle.com \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\41E PD\41E CASES\201R\201R mr 2-22-24 jbc.docx 3 Electronically Signed By: Hon. Judge Kathryn Lambert Wed, Feb 28 2024 07:34:15 AM February 23, 2024 41E 94208-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM BOULDER RIVER, TRIBUTARY TO JEFFERSON RIVER BASIN 41E 41E 94208-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: JOHN PULLMAN 1041 MT HIGHWAY 69 CARDWELL, MT 59721-9602 Owners: SUSAN PULLMAN 1041 MT HIGHWAY 69 CARDWELL, MT 59721-9602 Priority Date: JUNE 1, 1962 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 BOULDER RIVER Source Name: GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County N2N2 14 2N 3W JEFFERSON 2N 3W JEFFERSON 2N 3W JEFFERSON Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 2 Period of Diversion: SWNWNW 13 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE Diversion Means: 3 NWSWNW 13 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 N2N2 Sec 14 Twp 2N Rge 3W County JEFFERSON 2 SWNWNW 13 2N 3W JEFFERSON 3 NWSWNW 13 2N 3W JEFFERSON February 23, 2024 41E 117695-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM BOULDER RIVER, TRIBUTARY TO JEFFERSON RIVER BASIN 41E 41E 117695-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: JOHN PULLMAN 1041 MT HIGHWAY 69 CARDWELL, MT 59721-9602 Owners: SUSAN PULLMAN 1041 MT HIGHWAY 69 CARDWELL, MT 59721-9602 Priority Date: SEPTEMBER 15, 1961 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: 2.00 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 CONROW CREEK Source Name: GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SENESW 14 2N 3W JEFFERSON Qtr Sec N2SW Sec 14 Twp 2N Rge 3W County JEFFERSON N2SE 14 2N 3W JEFFERSON Period of Diversion: APRIL 15 TO NOVEMBER 15 Diversion Means: PIPELINE APRIL 15 TO NOVEMBER 15 Period of Use: Place of Use: ID 1 2 Acres Govt Lot February 23, 2024 41E 117701-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM BOULDER RIVER, TRIBUTARY TO JEFFERSON RIVER BASIN 41E 41E 117701-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE JOHN PULLMAN 1041 MT HIGHWAY 69 CARDWELL, MT 59721-9602 Owners: SUSAN PULLMAN 1041 MT HIGHWAY 69 CARDWELL, MT 59721-9602 Priority Date: MARCH 1, 1892 Type of Historical Right: FILED Purpose (Use): IRRIGATION FURROW Irrigation Type: *Flow Rate: 287.20 GPM *Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 3 - MODERATE Climatic Area: Maximum Acres: 31.70 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 SENWNW 13 2N 3W JEFFERSON Qtr Sec NWSW Sec 13 Twp 2N Rge 3W County JEFFERSON Period of Diversion: APRIL 15 TO NOVEMBER 15 Diversion Means: PUMP APRIL 15 TO NOVEMBER 15 Period of Use: Place of Use: ID 1 Acres 8.20 2 4.10 NESWSW 13 2N 3W JEFFERSON 3 10.10 SESESW 13 2N 3W JEFFERSON 9.30 SWSW 13 2N 3W JEFFERSON 4 Total: 31.70 Govt Lot

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