Leita R. Beardsley
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FILED 01/12/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41G-0614-R-2024 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 (406) 586-4364 1-800-624-3270 watercourt@mt.gov Weisz, Madeleine 1.00 IN THE WATER COURT OF THE STATE OF MONTANA UPPER MISSOURI DIVISION JEFFERSON RIVER BASIN (41G) PRELIMINARY DECREE ******************** CLAIMANT: Leita R. Beardsley CASE 41G-0614-R-2024 41G 195455-00 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. MASTER’S REPORT FINDINGS OF FACT 1. Claim 41G 195455-00 is a domestic groundwater right from a well. It appeared in the 41G Preliminary Decree with a 50 gallon per minute (gpm) flow rate. 1 During claims examination, the DNRC placed an issue remark on claim 41G 195455-00. The water court is required by statute to address all issue remarks. 2. Claim 41G 195455-00 received the following issue remark: THE CLAIMED FLOW RATE EXCEEDS THE 35 GPM GUIDELINE FOR THIS PURPOSE AND CANNOT BE CONFIRMED DUE TO LACK OF DATA. 3. The Statement of Claim form for water right 41G 195455-00 claimed a 50- gpm flow rate. The Declaration of Vested Groundwater Rights form attached to the Statement of Claim form identifies a 50-gpm flow rate. The information in the claim file supports a 50-gpm flow rate. The claim is entitled to prima facie status. No evidence has been presented to overcome the prima facie status. The DNRC guideline does not constitute evidence. 4. The issue remark appearing on claim 41G 195455-00 does not overcome the prima facie status of the claim. The issue remark should be removed. No changes should be made to the elements of claim 41G 195455-00. 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. 2. Section 85-2-248(2), MCA requires the Water Court to resolve all issue remarks that are not resolved through the objection process. The Montana Water Court has the authority to resolve issue remarks when the claim file and information available to the Court provide a sufficient basis to do so. § 85-2-248(3), MCA. 3. The requirement to resolve issue remarks does not eliminate the prima facie status granted to water rights, nor does it change the burden of proof required to modify or invalidate a claim. 43Q 200996-00 et al., Order Establishing Volume and Order Closing Case, at 18, June 8, 2015. 2 4. The issue remark concerning flow rate that appeared on claim 41G 195455- 00 does not overcome the prima facie status of the claim. There is no evidence in the claim file that shows by a preponderance of the evidence that the flow rate is incorrect. Accordingly, the issue remark should be removed. RECOMMENDATIONS 1. The issue remark should be removed from claim 41G 195455-00. A Post Decree Abstract of Water Right Claim is served with the Report to confirm that the issue remark has been removed. ELECTRONICALLY SIGNED AND DATED BELOW. Service via USPS Mail: Leita R. Beardsley 100 Jewett Lane Three Forks, MT 59752-9766 \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\41G PD\CASES\41G-R614\MW 41G-0614-R-2024 MR 1-9-2024 rr.docx 3 Electronically Signed By: Hon. Judge Madeleine Weisz Fri, Jan 12 2024 10:28:21 AM January 9, 2024 41G 195455-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM JEFFERSON RIVER BASIN 41G 41G 195455-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: LEITA R BEARDSLEY 100 JEWETT LN THREE FORKS, MT 59752-9766 Priority Date: DECEMBER 31, 1940 Type of Historical Right: FILED Purpose (Use): DOMESTIC Flow Rate: 50.00 GPM Volume: 3.20 AC-FT 2 Households: Maximum Acres: 1.00 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 SWSWNW 13 1N 1W JEFFERSON Sec 13 Twp 1N Rge 1W County JEFFERSON JANUARY 1 TO DECEMBER 31 WELL Diversion Means: JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres 1.00 Total: 1.00 Govt Lot Qtr Sec SWSWNW
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