Kimpton Ranch Co.  

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FILED 02/23/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41E-0218-R-2024 Montana Water Court PO Box 1389 Bozeman, MT 59771 1389 (406) 586 4364 1 800 624 3270 watercourt@mt.gov IN THE WATER COURT OF THE STATE OF MONTANA UPPER MISSOURI DIVISION BOULDER RIVER—TRIBUTARY OF THE JEFFERSON RIVER (BASIN 41E) PRELIMINARY DECREE * * * * * * * * * * * * * * * * * * * * * * * * * Lambert, Kathryn CASE 41E 0218 R 2024 41E 100269 00 CLAIMANT: Kimpton Ranch Co. 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 wri en objec on 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, 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 file 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 ficate of mailing to all par es on the service list must be filed with the Water Court. If you do not file a mely objec on, the Water Court will conclude that you agree with the content of this Master’s Report. MASTER’S REPORT This claim appeared in the Preliminary Decree with the following issue remark: THE CLARIFICATION REMARK APPEARS TO ERRONEOUSLY REFER TO SECTION 33 AS THE PLACE OF USE RATHER THAN SECTION 32. The issue remark was not addressed through the objec on process. The Water Court is required to resolve the issues raised by each issue remark. Sec on 85 2 248, MCA. 1 4.00 Under Sec on 85 2 248(3), MCA, informa on in the claim file or other informa on obtained by the Court can be reviewed to determine if it provides a su cient basis to resolve the issue raised by a remark and the Court can provide the claimant an opportunity to file addi onal informa on or evidence. The Court Minutes entered on February 14, 2024 state: The scheduling conference was held before Senior Water Master Kathryn L. W. Lambert on February 14, 2024 at 9:30 am. Brian Kimpton appeared for Kimpton Ranch Co. The issue remark was discussed. Mr. Kimpton gave the Court permission to document in these Court Minutes that the clarifica on remarks do correctly reference sec on 33 and there are no changes to be made to the clarifica on remarks. (Emphasis in original.) The Court Minutes are viewable in the Court’s FullCourt Enterprise case management system. APPLICABLE LAW “All issue remarks to claims that are not resolved through the filing of an objec on as provided in 85 2 233 must be resolved as provided in this sec on.” Sec on 85 2 248(2), MCA. A properly filed 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 reflect the beneficial 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. FINDING OF FACT The clarifica on remarks do correctly reference sec on 33. There are no changes to be made to the clarifica on remarks. The issue remark should be removed as addressed and resolved. CONCLUSION OF LAW The informa on provided by the claimant is su cient to resolve the issue remark without eviden ary hearing. Sec ons 85 2 248(3) and (11), MCA. 2 RECOMMENDATIONS Based upon the above Finding of Fact and Conclusion of Law, this Master recommends that the Court make the changes 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 changes have been made in the state's centralized record system. ELECTRONICALLY SIGNED AND DATED BELOW Service via USPS Mail: Kimpton Ranch Co. 50 Kimpton Rd Toston, MT 59643 \\JUDHLNSRV DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC BASIN FOLDERS\41E PD\41E CASES\218R\218R mr 2 21 24 jbc.docx 3 Electronically Signed By: Hon. Judge Kathryn Lambert Fri, Feb 23 2024 08:08:03 AM February 22, 2024 41E 100269-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM BOULDER RIVER, TRIBUTARY TO JEFFERSON RIVER BASIN 41E 41E 100269-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: KIMPTON RANCH CO 50 KIMPTON RD TOSTON, MT 59643-9742 Priority Date: DECEMBER 31, 1930 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: DRY CREEK, EAST FORK SURFACE WATER Source Type: SOURCE INCLUDES DRY CREEK *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NENENE 32 6N 2W JEFFERSON Twp 6N Rge 2W County JEFFERSON Period of Diversion: JUNE 1 TO OCTOBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE JUNE 1 TO OCTOBER 31 Period of Use: *Place of Use: ID 1 Acres Govt Lot Qtr Sec NENENE Sec 32 Remarks: A WATERGAP FROM THE NWNWNW SEC 33 TWP 06N RGE 02W ALLOWS CATTLE GRAZING PRIVATELY OWNED LAND IN SEC 33 TO DRINK AT DRY CREEK IN THE NENENE SEC 32 TWP 06N RGE 02W. CLAIMANTS WATER RIGHT 41E 100269-00 IS LIMITED TO THE AMOUNT OF WATER HISTORICALLY USED BY CATTLE GRAZING PRIVATELY OWNED LAND IN SEC 33 TWP 06N RGE 02W JEFFERSON COUNTY.

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