Jacqualynn Jones; Cobrin Richins
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FILED 01/03/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41H-0689-R-2023 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 (406) 586-4364 1-800-624-3270 watercourt@mt.gov Nordlund, Julia 1.00 IN THE WATER COURT OF THE STATE OF MONTANA UPPER MISSOURI DIVISION GALLATIN RIVER BASIN (41H) PRELIMINARY DECREE ******************* CLAIMANTS: Jacqualynn Jones; Cobrin Richins CASE 41H-0689-R-2023 41H 136936-00 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. 1 MASTER’S REPORT Claim 41H 139936-00 is owned by Jacqualynn Jones and Cobrin Richins. The claim was decreed DNRC issue remarks. No objections, counterobjections, or NOIAs were filed. The claim is consolidated into Water Court Case 41H-0689-R-2023. FINDINGS OF FACT 1. Claim 41H 139936-00 received an issue remark stating: 2. THE CLAIMED POINT OF DIVERSION IS IN QUESTION. THE LOCATION OF THE DIKE CANNOT BE IDENTIFIED FROM AVAILABLE DATA. Given this is a flood irrigation claim, it is certainly possible the dike was hard for DNRC examiners to locate. This does not overcome the prima facie status of the claim. 3. The remark served its purpose of giving basin-wide notice of the potential issues. No objections or notices of intent to appear were filed. The claim is a properly filed right. CONCLUSIONS OF LAW 1. A properly filed Statement of Claim for Existing Water Right is prima facie proof of its content. 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 an element of the prima facie claim is incorrect. This is the burden of proof for every assertion that a claim is incorrect. Rule 19, W.R.Adj.R. 2. The degree or weight of evidence needed to contradict or overcome the prima facie proof statute is a preponderance of the evidence. Burkhartsmeyer et al. v. Burkhartsmeyer et al., Case 40G-2, (MT Water Court Memorandum Opinion and Order Adopting Master’s Report, Mar. 11, 1997). The Montana Supreme Court has defined preponderance as “a relatively modest standard that the statutory criteria are ‘more probable than not’ to have been met.” Hohenlohe v. State, 2010 MT 203 ¶ 33, 357 Mont. 438, 240 P.3d 628. 3. The Montana Water Court is permitted to use information submitted by the Department of Natural Resources and Conservation, the statement of claim, information 2 from approved compacts, and any other data obtained by the Court to evaluate water right claims. Section 85-2-231(2), MCA. 4. The evidence in the claim file is sufficient to resolve the issue remark on the claim. RECOMMENDATIONS Based upon the above Findings of Fact and Conclusions of Law, this Master recommends the Court make the changes specified above 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 corrections have been made in the state’s centralized record system. ELECTRONICALLY SIGNED AND DATED BELOW. Service via USPS mail: Jones, Jacqualynn Richins, Cobrin 75 Chestnut Rd Bozeman, MT 59715-9616 \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\41H PD\41H Cases\41H-R689\41H-689 MR- FR POD IR resolved 12-2223 jr.docx 3 Electronically Signed By: Hon. Judge Julia Nordlund Wed, Jan 03 2024 10:21:42 AM December 22, 2023 41H 139936-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM GALLATIN RIVER BASIN 41H 41H 139936-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE COBRIN RICHINS Owners: 75 CHESTNUT RD BOZEMAN, MT 59715 9616 JACQUALYNN JONES 75 CHESTNUT RD BOZEMAN, MT 59715 9616 Priority Date: MAY 1, 1942 Type of Historical Right: USE Purpose (use): IRRIGATION SPRINKLER/FLOOD/FURROW Irrigation Type: Flow Rate: 28.56 GPM Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 4 - MODERATELY LOW Climatic Area: Maximum Acres: 1.68 Source Name: UNNAMED TRIBUTARY OF ROCKY CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge N2NWSE 20 2S 7E GALLATIN Sec 20 Twp 2S Rge 7E County GALLATIN Period of Diversion: MAY 1 TO OCTOBER 1 Diversion Means: DIKE County MAY 1 TO OCTOBER 1 Period of Use: Place of Use: ID 1 Acres 1.68 Total: 1.68 Govt Lot Qtr Sec N2NWSE
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