John Carey Ranch Co., Harold Shervin; Claudette Shervin

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FILED 03/14/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: Julia __________________ Romero 41E-0250-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 ************************* CLAIMANT: John Carey Ranch Co. OBJECTORS: Harold Shervin; Claudette Shervin CASE 41E-0250-R-2024 41E 93996-00 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 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 The Temporary Preliminary Decree for Basin 41E was issued on June 20, 1985. The objec on ling deadline was December 17, 1985. On December 12, 1989 Harold Shervin and Claudete Shervin led an objec on to this claim. This is a late led objec on which was 1 docketed and held to address a er issuance of the Preliminary Decree. The following no ce remark was added to the abstract of claim: A LATE OBJECTION HAS BEEN FILED TO THE FLOW RATE, VOLUME, MAXIMUM ACRES, PLACE OF USE, AND POINT OF DIVERSION OF THIS WATER RIGHT CLAIM. IT WILL BE RESOLVED DURING THE ADJUDICATION OF OBJECTIONS TO THE PRELIMINARY DECREE. The Preliminary Decree was issued on October 19, 2022. No other objec on, counterobjec on, or no ce of intent to appear was led on this claim. The Order Consolida ng Case And Se ng Scheduling Conference was issued on January 10, 2024 to begin addressing the 1989 Harold Shervin and Claudete Shervin late objec on. This Order was sent to the Harold Shervin and Claudete Shervin address currently appearing in the state's centralized record system. On January 22, 2024 it was returned as undeliverable. Judicial Assistant Julie Cris ani was unable to nd a new address for Harold Shervin and Claudete Shervin. The scheduling conference was held before Senior Water Master Kathryn L. W. Lambert on February 7, 2024. Atorney Jeremy A. Michael appeared on behalf of John Carey Ranch Co. with Patrick Carey atending. The February 8, 2024 Court Minutes, Order Se ng Deadline For Harold Shervin And Claudete Shervin To File A Writen Response To The Mo on To Dismiss Their Objec on, and Order Upda ng Service List [“Court Minutes and Orders”] states: The Court stated that the Order Consolida ng Case And Se ng Scheduling Conference was returned to the Court as undeliverable, that Judicial Assistant Julie Crisi ani found no new address or a current phone number for the Shervins and, according to Lexis, both Harold Shervin and Claudete Shervin passed more than 10 years ago. The Court also noted that this claim appeared in the Basin 41E Preliminary Decree and no one – including whoever Harold Shervin’s and Claudete Shervin’s successor may be – objected to this claim. Mr. Michael made a mo on for dismissal of the objec on. The Court stated it will set a 30 day deadline for a writen response and mail it to their last known address one more me in case anyone responds. Therefore, pursuant to Rule 16, M.R.Civ.P. and Rules 16 and 18, W.R.Adj.R., it is ORDERED that the deadline is March 7, 2024 for Harold Shervin and Claudete Shervin to le a writen response to the mo on to dismiss their objec on to this claim. The Court Minutes and Orders sent to Harold Shervin and Claudete Shervin was returned to the Court as undeliverable. Consequently, nothing was led by Harold Shervin and Claudete Shervin. These 2024 documents are viewable in the Court’s FullCourt Enterprise case management system. 2 FINDINGS OF FACT 1. Objectors Harold Shervin and Claudete Shervin are reported as deceased. Possible successor(s) have not appeared and requested subs tu on to prosecute the objec on. 2. Claim 41E 93996-00 appeared in the Preliminary Decree with the following no ce remarks: A LATE OBJECTION HAS BEEN FILED TO THE FLOW RATE, VOLUME, MAXIMUM ACRES, PLACE OF USE, AND POINT OF DIVERSION OF THIS WATER RIGHT CLAIM. IT WILL BE RESOLVED DURING THE ADJUDICATION OF OBJECTIONS TO THE PRELIMINARY DECREE. THE TIMELY FILED OBJECTION OF JOHN CAREY RANCH, INC. WAS AMENDED BY AGREEMENT OF THE PARTIES TO INCLUDE PLACE OF USE. BECAUSE THIS ELEMENT WAS NOT INCLUDED ON THE OBJECTION LIST, ANY WATER USER WHOSE RIGHTS MAY BE ADVERSELY AFFECTED BY ENFORCEMENT OF THIS CHANGE MAY PETITION THE APPROPRIATE COURT FOR RELIEF OR MAY FILE AN OBJECTION AT THE PRELIMINARY DECREE. 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. These remarks should be removed as having served their no ce purposes. RECOMMENDATIONS Based upon the above Findings of Fact, this Master recommends that the Court grant the mo on to dismiss the 1989 Harold Shervin and Claudete Shervin objec on as no one has appeared for the purpose of prosecu ng the objec on, and recommends removal of the no ce remarks as 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 Thu, Mar 14 2024 11:19:51 AM Service via USPS Mail: Harold Shervin Claudete Shervin PO Box 3126 Alpine, WY 83128 (Return mail received) Service Via Electronic Mail: Jeremy A. Michael Cusick, Farve, Ma ck & Re ing, P.C. PO Box 1288 Bozeman, MT 59771-1288 (406) 587-5511 o ce@cmrlawmt.com Note: Service List Updated 3-8-24 \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\41E PD\41E CASES\250R\250R mr 3-8-24 jbc.docx 4 March 13, 2024 41E 93996-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM BOULDER RIVER, TRIBUTARY TO JEFFERSON RIVER BASIN 41E 41E 93996-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE Owners: CAREY, JOHN RANCH CO 2050 MT HIGHWAY 69 BOULDER, MT 59632-9729 Priority Date: APRIL 2, 1949 Type of Historical Right: USE Purpose (Use): IRRIGATION FLOOD Irrigation Type: *Flow Rate: 8.28 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: 99.20 *Maximum Acres: BOULDER RIVER Source Name: SURFACE WATER Source Type: *Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SENWSE 33 5N 3W JEFFERSON Qtr Sec NW Sec 5 Twp 4N Rge 2W County JEFFERSON NE 6 4N 2W JEFFERSON Period of Diversion: APRIL 15 TO OCTOBER 15 Diversion Means: HEADGATE Ditch Name: CAREY DITCH APRIL 15 TO OCTOBER 15 Period of Use: *Place of Use: ID 1 Acres 91.30 2 7.90 Total: Govt Lot 99.20 Remarks: 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. 93996-00 214283-00 215653-00

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