Lattin Family Trust

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FILED 03/27/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41E-0254-R-2024 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 (406) 586-4364 1-800-624-3270 watercourt@mt.gov Lambert, Kathryn 2.00 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-0254-R-2024 41E 214763-00 CLAIMANT: Lattin Family Trust 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 nding 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 Claim 41E 214763-00 appeared in the Preliminary Decree with the following issue remark: NO VOLUME HAS BEEN CLAIMED. THE VOLUME GUIDELINE FOR THIS AREA IS 1.00 ACRE-FEET PER ACRE. 1 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. 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 16, 2024 Order Consolida ng Case And Se ng Filing Deadline states: For this claim, it appears the volume should be 1.00 AC-FT as suggested in the issue remark. Pursuant to 85-2-248(3), MCA, it is ORDERED that the deadline for the claimant to le documenta on resolving the issue remark is March 18, 2024. If nothing is led, the Court will conclude the claimant agrees the volume should be 1.00 AC-FT. (Bold and Italics emphases in original.) Nothing was led. The Order Consolida ng Case and Se ng Filing Deadline is 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. 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. FINDING OF FACT The Preliminary Decree does not include a volume quan ca on. The volume should be 1.00 AC-FT. The volume issue remark should be removed as resolved. CONCLUSION OF LAW The informa on provided in the claim le and issue remark is su cient to resolve the issue remark without eviden ary hearing. Sec on 85-2-248(9), MCA. 2 RECOMMENDATIONS Based upon the above Finding of Fact and Conclusion of Law, this Master recommends that the Court make the changes speci ed 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 con rm the recommended changes have been made in the state's centralized record system. ELECTRONICALLY SIGNED AND DATED BELOW Service via USPS Mail: La n Family Trust PO Box 105 Boulder, MT 59632 \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\41E PD\41E CASES\254R\254R mr 3-18-24 jbc.docx 3 Electronically Signed By: Hon. Judge Kathryn Lambert Wed, Mar 27 2024 07:35:01 AM March 22, 2024 41E 214763-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM BOULDER RIVER, TRIBUTARY TO JEFFERSON RIVER BASIN 41E 41E 214763-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: LATTIN FAMILY TRUST PO BOX 105 BOULDER, MT 59632-0105 Priority Date: JUNE 1, 1900 Type of Historical Right: USE Purpose (Use): DOMESTIC Flow Rate: 8.00 GPM Volume: 1.00 AC-FT 1 Households: SPRING, UNNAMED TRIBUTARY OF LITTLE BOULDER RIVER Source Name: GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Period of Diversion: Qtr Sec Sec Twp Rge County NWNWSW 32 5N 5W JEFFERSON Sec 32 Twp 5N Rge 5W County JEFFERSON JANUARY 1 TO DECEMBER 31 DEVELOPED SPRING Diversion Means: JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NWNWSW

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