Dawson Family Ranch LLC

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FILED 03/29/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41E-0240-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 ************************* CASE 41E-0240-R-2024 41E 30144008 CLAIMANT: Dawson Family 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 This Dawson Family Ranch LLC claim appeared in the Preliminary Decree with the following issue remark: NO PRIORITY DATE WAS CLAIMED. 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 Under Sec on 85-2-248(3), MCA, informa on in the claim le 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 le addi onal informa on or evidence. The January 26, 2024 Order Consolida ng Case And Se ng Scheduling Conference set a scheduling conference to discuss resolu on of the issue remark with the claimant. Dawson Family Ranch LLC did not appear. The February 21, 2024 Court Minutes, Order Entering Default, and Order Se ng Deadline For Claimant To Show Cause Why Claim Should Not Be Amended Pursuant To 85-2-248(9)(a), MCA state: As Dawson Family Ranch LLC did not appear as directed in the January 26, 2024 Order Consolida ng Case And Se ng Scheduling Conference, pursuant to Rule 55(a), M.R.Civ.P. and Rule 22, W.R.Adj.R., it is ORDERED that the default of Dawson Family Ranch LLC is ENTERED. Under Sec on 85-2-248(9)(a), MCA, when a claimant fails to comply with an Order issued by the Water Court concerning resolu on of an issue remark, the Court can amend the claim to conform it to informa on in the claim le. Although the Statement of Claim form for claim 41E 30144008 is blank where the priority date is supposed to be inserted, it does state that the type of historical right is a USE right. The Statement of Claim form states: “Atach copies of the decree, record of ling, or proof of use.” There is no copy of a decree or record of ling atached. The A davit of Thomas Dawson is atached to the Statement of Claim. It lists three di erent priority dates based on the DNRC database “screen shot” of Dawson Family Ranch irriga on claims. Priority date “12/31/1927” is the only one that is for a USE right – the other two priority dates are for FILED rights. The informa on atached to the Statement of Claim indicates the priority date for this claimed BOULDER RIVER STOCK USE right should be DECEMBER 31, 1927. Therefore, it is ORDERED that the deadline for Dawson Family Ranch to show cause in wri ng why the Court should not proceed with amending claim 41E 30144008 to state that the priority date is DECEMBER 31, 1927 pursuant to sec on 85-2248(9)(a), MCA, is March 21, 2024. If no addi onal informa on is led by March 21, 2024, the Court will proceed with amending the claim as detailed above. (Emphasis in original.) Nothing was led. The Court Orders and 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 ling 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. 2 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 does not include a priority date. The priority date should be DECEMBER 31, 1927. The priority date issue remark should be removed as addressed and resolved. 2. The Preliminary Decree 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 included in the Temporary Preliminary Decree. The remark does not raise an unresolved issue which needs to be addressed. There are no proceedings required for this remark. The remark should be removed as having served its no ce purpose. CONCLUSION OF LAW The informa on in the claim le is su cient to resolve the issue remark without eviden ary hearing. Sec ons 85-2-248(3) and (11), MCA. 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 3 Electronically Signed By: Hon. Judge Kathryn Lambert Fri, Mar 29 2024 08:20:38 AM Service via USPS Mail: Dawson Family Ranch LLC 2360B MT Highway 69 Boulder, MT 59632 \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\41E PD\41E CASES\240R\240R mr 3-25-24 jbc.docx 4 March 27, 2024 41E 30144008 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM BOULDER RIVER, TRIBUTARY TO JEFFERSON RIVER BASIN 41E Water Right Number: 41E 30144008 Version: STATEMENT OF CLAIM 2 -- POST DECREE ACTIVE Status: Owners: *Priority Date: DAWSON FAMILY RANCH LLC 2360B MT HIGHWAY 69 BOULDER, MT 59632-9732 DECEMBER 31, 1927 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: Source Type: BOULDER RIVER SURFACE WATER *Point of Diversion and Means of Diversion: ID 1 Govt Lot Qtr Sec Sec Twp Rge County W2NENW 19 5N 3W JEFFERSON 5N 3W JEFFERSON 5N 3W JEFFERSON 5N 3W JEFFERSON 5N 3W JEFFERSON 5N 3W JEFFERSON Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 2 Period of Diversion: Diversion Means: 3 N2SENW 19 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE NESE 19 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 4 Period of Diversion: Diversion Means: 5 NENWSE 19 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE SWSW 20 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 6 Period of Diversion: Diversion Means: NENW 29 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE March 27, 2024 41E 30144008 Page 2 of 2 Post Decree Abstract JANUARY 1 TO DECEMBER 31 Period of Use: *Place of Use: ID 1 Acres Govt Lot Qtr Sec W2NENW Sec 19 Twp 5N Rge 3W County JEFFERSON 2 N2SENW 19 5N 3W JEFFERSON 3 NESE 19 5N 3W JEFFERSON 4 NENWSE 19 5N 3W JEFFERSON 5 SWSW 20 5N 3W JEFFERSON 6 NENW 29 5N 3W JEFFERSON

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