Weber Living Trust DTD April 6,

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FILED 02/28/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41E-0272-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: Weber Living Trust DTD April 6, 2023 CASE 41E-0272-R-2024 41E 30129478 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 This claim appeared in the Preliminary Decree with the following remarks: THIS CLAIM NUMBER WAS NOT INCLUDED IN THE BASIN 41E DECREE ISSUED 06/20/1985. THE CLAIMED FLOW RATE EXCEEDS THE 35 GPM GUIDELINE FOR THIS PURPOSE AND CANNOT BE CONFIRMED DUE TO LACK OF DATA. The flow rate issue remark was not addressed through the objection process. The Water Court is required to resolve the issues raised by each issue remark. Section 85-2-248, MCA. 1 Under Section 85-2-248(3), MCA, information in the claim file or other information obtained by the Court can be reviewed to determine if it provides a sufficient basis to resolve the issue raised by a remark and the Court can provide the claimant an opportunity to file additional information or evidence. The February 16, 2024 Court Minutes state: The scheduling conference was held before Senior Water Master Kathryn L. W. Lambert on February 15, 2024 at 1:30 pm by telephone conference call conducted through the Montana Water Court. Kelly Jo Weber, Trustee, appeared for Weber Living Trust DTD April 6, 2023. Ms. Weber agreed with the Court adding the following statement to these Court Minutes: Ms. Weber confirmed that the flow rate should remain 50 GPM as stated on the Declaration Of Vested Groundwater Rights attached to Statement of Claim 41E 30129478. 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 objection as provided in 85-2-233 must be resolved as provided in this section.” Section 85-2-248(2), MCA. 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. The Preliminary Decree states that the flow rate is 50.00 GPM. The flow rate should remain 50.00 GPM as stated on the Declaration Of Vested Groundwater Rights attached to Statement of Claim 41E 30129478. The issue remark should be removed as addressed and resolved. 2. The other remark provides notice that this claim was not included in the Temporary Preliminary Decree and does not raise an unresolved issue which needs to be addressed. This remark should be removed as having served its notice purpose. 2 CONCLUSION OF LAW The information provided by the claimant is sufficient to resolve the issue remark without evidentiary hearing. Sections 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 specified 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 confirm the recommended changes have been made in the state's centralized record system. ELECTRONICALLY SIGNED AND DATED BELOW Service via USPS Mail: Weber Living Trust DTD April 6, 2023 Kelly Jo Weber Trustee 1790 MT Highway 69 Boulder, MT 59632 \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\41E PD\41E CASES\272R\272R mr 2-22-24 jbc.docx 3 Electronically Signed By: Hon. Judge Kathryn Lambert Wed, Feb 28 2024 07:35:18 AM February 23, 2024 41E 30129478 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM BOULDER RIVER, TRIBUTARY TO JEFFERSON RIVER BASIN 41E 41E 30129478 Water Right Number: Version: STATEMENT OF CLAIM 2 -- POST DECREE ACTIVE Status: Owners: WEBER LIVING TRUST DTD APRIL 6, 2023 KELLY JO WEBER TRUSTEE 1790 MT HIGHWAY 69 BOULDER, MT 59632-9703 Priority Date: DECEMBER 31, 1905 Type of Historical Right: FILED Purpose (Use): DOMESTIC LAWN AND GARDEN Purpose Clarification: Flow Rate: 50.00 GPM Volume: 12.50 AC-FT 1 Households: Maximum Acres: 5.00 Source Name: GROUNDWATER GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Period of Diversion: Qtr Sec Sec Twp Rge County SESWSE 8 3N 2W JEFFERSON Sec 8 Twp 3N Rge 2W County JEFFERSON APRIL 1 TO OCTOBER 1 WELL Diversion Means: APRIL 1 TO OCTOBER 1 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SESWSE

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