Irvin G. Riis

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FILED 01/12/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41I-2011-R-2023 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 1-800-624-3270 (406) 586-4364 watercourt@mt.gov Ostrem, Eyvind 2.00 IN THE WATER COURT OF THE STATE OF MONTANA UPPER MISSOURI DIVISION MISSOURI RIVER ABOVE HOLTER DAM BASIN (41I) PRELIMINARY DECREE ******************** CASE 41I-2011-R-2023 41I 10376-00 CLAIMANT: Irvin G. Riis 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 to be added to the 10-day 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 Water right claim 41I 10376-00 appeared in the Preliminary Decree for the Missouri River above Holter Dam (Basin 41I) issued on June 24, 2022. The claim received issue remarks from the Department of Natural Resources and Conservation 1 (DNRC) raising potential legal or factual issues with the claim. The Water Court consolidated the claim into case 41I-2011-R-2023 to address these issues. FINDINGS OF FACT 1. Claim 41I 10376-00 appeared in the Preliminary Decree with the following issue remark: THIS CLAIM APPEARS TO BE CLAIMING TWO SEPARATE SOURCES OF WATER. MORE THAN ONE WATER RIGHT MAY BE INVOLVED. This remark was placed on the claim because the claim identifies the following distinct sources: “SPRING, UNNAMED TRIBUTARY OF ANTELOPE CREEK” and “UNNAMED TRIBUTARY OF ANTELOPE CREEK.” 2. The claim is based on a single notice of appropriation by Thomas Riis for the water of multiple springs in close proximity, diverted into a single ditch. 3. The Water Court requested that the Claimant review the claim and inform the Court if he believed an implied claim should be generated or other action taken to address the remark. The Court informed the Claimant that if nothing was received by the deadline, the Court would conclude that the Claimant agrees the claim is accurate as decreed. Doc. 1.00. 1 The Claimant did not file anything or otherwise contact the Court by the deadline and the Court concludes the Claimant agrees that the claim is accurate as decreed. PRINCIPLES OF LAW 1. A properly filed claim of an existing right or an amended claim of existing 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. CONCLUSIONS OF LAW 1. The issue remark fails to overcome the prima facie status of the claim and should be removed from the claim. “Doc” refers to the docket number of the document in the Water Court’s Full Court Enterprise case management system. 1 2 RECOMMENDATIONS Based on the foregoing Findings of Fact and Conclusions of Law, this Master recommends that the Court remove the issue remark from the claim. A Post Decree Abstract of Water Right Claim reflecting the recommended changes is attached to this Report for review. ELECTRONICALLY SIGNED AND DATED BELOW. Service via USPS Mail Irvin G Riis 6235 US Highway 12 Winston, MT 59647 \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\41I PD\Cases\2011\EO 41I-2011 MR (no PF) 1.3.24 VH.docx 3 Electronically Signed By: Hon. Judge Eyvind Ostrem Fri, Jan 12 2024 01:03:43 PM January 5, 2024 41I 10376-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, ABOVE HOLTER DAM BASIN 41I 41I 10376-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: IRVIN G RIIS 6235 US HIGHWAY 12 WINSTON, MT 59647-9701 Priority Date: DECEMBER 31, 1890 Type of Historical Right: FILED Purpose (Use): IRRIGATION FLOOD Irrigation Type: 2.27 CFS Flow Rate: THE FLOW RATE OF THIS CLAIM HAS BEEN REDUCED TO 17 GPM PER ACRE. THE FLOW RATE MAY BE CONTESTED BY PROPER OBJECTION. THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. *Volume: 3 - MODERATE Climatic Area: Maximum Acres: 60.00 Source Name: UNNAMED TRIBUTARY OF ANTELOPE CREEK SURFACE WATER Source Type: SPRING, UNNAMED TRIBUTARY OF ANTELOPE CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWSWSE 26 9N 1W BROADWATER Source Name: SPRING, UNNAMED TRIBUTARY OF ANTELOPE CREEK Period of Diversion: APRIL 1 TO NOVEMBER 15 Diversion Means: HEADGATE Ditch Name: RIIS DITCH 2 Source Name: NESWSE 26 9N 1W BROADWATER Rge 1W County BROADWATER UNNAMED TRIBUTARY OF ANTELOPE CREEK Period of Diversion: APRIL 1 TO NOVEMBER 15 Diversion Means: HEADGATE Ditch Name: RIIS DITCH APRIL 1 TO NOVEMBER 15 Period of Use: Place of Use: ID 1 Acres 30.00 Govt Lot Qtr Sec NESE Sec 26 Twp 9N January 5, 2024 41I 10376-00 2 Page 2 of 2 Post Decree Abstract 30.00 Total: NWSE 26 9N 1W BROADWATER 60.00 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. 10376-00 10378-00 10379-00

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