Murray Ranch Inc., Murray Ranch Inc.

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FILED 02/07/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41G-0530-R-2022 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 (406) 586-4364 1-800-624-3270 watercourt@mt.gov Weisz, Madeleine 2.00 IN THE WATER COURT OF THE STATE OF MONTANA UPPER MISSOURI DIVISION JEFFERSON RIVER BASIN (41G) PRELIMINARY DECREE ******************** CASE 41G-0530-R-2022 41G 28729-00 CLAIMANT: Murray Ranch Inc. OBJECTOR: Murray Ranch Inc. 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, conclusions 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 be added to the 10day objection period. Rule 6(d), M.R.Civ.P. If you file an objection, you must serve 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. 1 MASTER’S REPORT FINDINGS OF FACT 1. Claim 41G 28729-00 is a stock water right owned by Murray Ranch Inc. It is considered an interbasin transfer claim, meaning that it diverts water from one basin (Basin 41G) but a portion of the place of use is in another basin (Basin 41F). 2. Claim 41G 28729-00 appeared in the Basin 41G Preliminary Decree issued February 15, 2018. The claim received a DNRC issue remark and an objection from Claimant Murray Ranch. 3. The previous practice of the Water Court was to decree an interbasin transfer claim in every basin in which it is diverted and used. The Water Court recently changed its policy on how it adjudicates interbasin transfer claims. See Statewide Order Regarding Interbasin Transfer Claims, December 9, 2022. The 2022 Statewide Order provides that claims will be decreed only in the basin of the point of diversion regardless of whether any portion of the place of use is located in a different basin. 4. On September 23, 2022, a Closing Order was issued concerning claim 41G 28729-00 in Case 41G-0530-R-2022. The Order states that because the claim is an interbasin transfer claim, proceedings addressing the claim would be held during the adjudication of the Preliminary Decree in Basin 41F. 5. Because the Water Court subsequently changed its approach for adjudicating interbasin transfer claims, claim 41G 28729-00 was not included in the Basin 41F Preliminary Decree. The objection and issue remark will therefore be addressed during the adjudication of Basin 41G. 6. The issue remark appearing on claim 41G 28729-00 states: 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. This is a notice issue remark, meaning that its purpose is to provide notice of changes made to the claim during examination. No objections were filed to the ditch name. The remark has served its purpose of providing notice and may be removed. 2 7. Claimant Murray Ranch objected to the period of use of claim 41G 28729- 00 stating, “Livestock drinking directly from the ditch system, period of use needs to be year round.” 8. “The period of use guideline for stockwater will be year round use.” W.R.C.E.R. 25(a)(1). This rule recognizes the reality that stock will drink from an available source whenever water is available. Accordingly, the period of use for claim 41G 28729-00 should be corrected to year round. CONCLUSIONS OF LAW 1. A properly filed Statement of Claim for Existing Water Right is prima facie proof of its content. § 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. Rule 19, W.R.Adj.R. The Claimant’s assertion that the period of use should be corrected to year round is supported by the information in the claim file. RECOMMENDATION 1. The period of use for claim 41G 28729-00 should be modified to year 2. The issue remarks should be removed from claim 41G 28729-00. round. A Post Decree Abstract of Water Right Claim is served with the Report to confirm that the recommended modifications have been made in the state’s centralized record system. ELECTRONICALLY SIGNED AND DATED BELOW. Service via USPS Mail: Murray Ranch Inc. 1909 Dahlia Court Great Falls, MT 59404 \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\41G PD\CASES\41G-R530\MW 41G-0530-R-2022 MR1-31-2024 rr.docx 3 Electronically Signed By: Hon. Judge Madeleine Weisz Wed, Feb 07 2024 09:01:41 AM February 5, 2024 41G 28729-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JEFFERSON RIVER BASIN 41G 41G 28729-00 Water Right Number: Version: STATEMENT OF CLAIM 4 -- POST DECREE ACTIVE Status: Owners: MURRAY RANCH INC 1909 DAHLIA COURT GREAT FALLS, MT 59404 Priority Date: DECEMBER 31, 1923 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: WILLOW CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge SWSENE 31 1N 1E GALLATIN Sec 2 Twp 1N Rge 1E County GALLATIN Period of Diversion: MAY 1 TO OCTOBER 31 Diversion Means: HEADGATE Ditch Name: IRISH SLOUGH DITCH County JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NW Remarks: THIS APPROPRIATION OF WATER TAKES WATER FROM THE JEFFERSON RIVER DRAINAGE (BASIN 41G ) AND USES IT IN THE MADISON RIVER DRAINAGE (BASIN 41F ) AND THE JEFFERSON RIVER DRAINAGE (BASIN 41G ). ANY OBJECTION TO THIS RIGHT MAY BE FILED DURING THE OBJECTION PERIODS FOR EITHER THE POINT OF DIVERSION OR PLACE OF USE BASIN.

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