Sherry J. Scoffield Family Trust; Ward Scoffield Family Trust

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FILED 01/16/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41I-0002-R-2023 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 1-800-624-3270 (406) 586-4364 watercourt@mt.gov Lockman, Melissa 2.00 IN THE WATER COURT OF THE STATE OF MONTANA UPPER MISSOURI DIVISION MISSOURI RIVER ABOVE HOLTER DAM BASIN (41I) PRELIMINARY DECREE ******************** CLAIMANTS: Sherry J. Scoffield Family Trust; Ward Scoffield Family Trust CASE 41I-0002-R-2023 41I 90113-00 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 Claim 41I 90113-00 appeared in the Preliminary Decree for the Missouri River above Holter Dam (Basin 41I) issued on June 24, 2022. The claim is owned by the Sherry 1 J. Scoffield Family Trust and the Ward Scoffield Family Trust. The claim received an issue remark. Issue remarks are notations identifying potential legal or factual issues with water rights and the Water Court is required to resolve these potential issues. FINDINGS OF FACT 1. Claim 41I 90113-00 is a flood irrigation right that diverts water from the Missouri River via a pump in the NWNESE of Section 17, T6N, R2E, Broadwater County. 2. The claim does not list a period of diversion or a period of use. The claim received the following issue remark: NO PERIOD OF USE HAS BEEN CLAJMED. ME USUAL AND REASONABLE PERIOD OF USE IN THIS AREA IS APRIL 15 TO OCTOBER 15. 3. The Order stated that if nothing was filed by the deadline, April 15 to October 15 would be added as the period of use. Nothing was filed by the deadline. PRINCIPLES OF LAW 1. A properly filed Statement of Claim for an existing water right is prima facie proof of its content. Section 85-2-227, MCA; Rule 10, W.R.Adj.R. 2. Prima facie proof may be contradicted and overcome by a preponderance of the evidence. Rule 19, W.R.Adj.R. 3. A preponderance of the evidence is evidence that shows a fact is “more probable than not.” Hohenlohe v. State, 2010 MT 203, ¶ 33, 357 Mont. 438, 240 P.3d 628. 4. If prima facie status is overcome, the burden shifts back to the claimant to demonstrate historical use. 79 Ranch v. Pitsch, 204 Mont. 426, 432-33, 666 P.2d 215, 218 (1983). 5. Section 85-2-248(2), MCA, requires that the Water Court resolve all issue remarks that are not resolved through the objection process. See also Rule 7, W.R.Adj.R. 6. The Water Court may use information submitted by the DNRC, the Statement of Claim, and any other data obtained by the Court to evaluate a water right. Sections 85-2-227, -231(2), MCA. 7. When resolving issue remarks, the Water Court must weigh the information resulting in the issue remark and the issue remark against the claimed water right. Section 2 85-2-247(2), MCA. The factual evidence on which an issue remark is based must meet the preponderance of evidence standard before the prima facie status of a claim is overcome. 43Q 200996-00 et al., Order Establishing Volume and Order Closing Case, at 18, June 8, 2015. 8. If a claimant fails to comply with an order issued by the Water Court, the Court may issue orders of sanction that are just. Rule 22, W.R.Adj.R. 9. Sanctions applied against a claimant may include modification of a claim to conform with data provided by the DNRC, information obtained by the Court, or information included in an objection, or the entry of default and termination of a water right claim. Rule 11, W.R.Adj.R. CONCLUSIONS OF LAW 1. The period of use issue remark overcomes the prima facie status of claim 41I 90113-00. Based on the information in the claim file and Rule 22, W.R.Adj.R., the period of use is April 15 to October 15. RECOMMENDATIONS 1. The period of use for claim 41I 90113-00 should be modified to April 15 to October 15. 2. The issue remark should be removed from the claim abstract. A post decree abstract of the water right claim reflecting the recommended changes is attached to this Report. ELECTRONICALLY SIGNED AND DATED BELOW. Service via USPS Mail Sherry J Scoffield Family Trust Ward Scoffield Family Trust Ward & Sherry Scoffield Trustees 80 Shelly Rd Townsend, MT 59644 \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\41I PD\Cases\2\ML 41I-2 MR 12.20.23 VH.docx 3 Electronically Signed By: Hon. Judge Melissa Lockman Tue, Jan 16 2024 08:37:03 AM December 18, 2023 41I 90113-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, ABOVE HOLTER DAM BASIN 41I 41I 90113-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE SCOFFIELD, WARD FAMILY TRUST Owners: SCOFFIELD, WARD & SHERRY TRUSTEES 80 SHELLY RD TOWNSEND, MT 59644 9745 SCOFFIELD, SHERRY J FAMILY TRUST SCOFFIELD, WARD & SHERRY TRUSTEES 80 SHELLY RD TOWNSEND, MT 59644 9745 Priority Date: MAY 21, 1973 Type of Historical Right: FILED Purpose (use): IRRIGATION FLOOD Irrigation Type: *Flow Rate: 3.41 CFS *Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 3 - MODERATE Climatic Area: Maximum Acres: 90.00 Source Name: MISSOURI RIVER SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge NWNESE 17 6N 2E BROADWATER Qtr Sec W2SW Sec 16 Twp 6N Rge 2E County BROADWATER Period of Diversion: APRIL 15 TO OCTOBER 15 Diversion Means: PUMP County Place of Use: ID 1 Acres 8.00 2 67.00 S2NE 17 6N 2E BROADWATER 3 15.00 N2SE 17 6N 2E BROADWATER Total: Govt Lot 90.00 Remarks: THE WATER RIGHTS FOLLOWING THIS STATEMENT ARE SUPPLEMENTAL WHICH MEANS THE RIGHTS HAVE OVERLAPPING PLACES OF USE. THE RIGHTS CAN BE COMBINED TO IRRIGATE ONLY OVERLAPPING PARCELS. EACH RIGHT IS LIMITED TO THE FLOW RATE AND PLACE OF USE OF THAT INDIVIDUAL RIGHT. THE SUM TOTAL VOLUME OF THESE WATER RIGHTS SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. December 18, 2023 41I 90113-00 90113-00 Page 2 of 2 Post Decree Abstract 90114-00 90118-00

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