Carl Christianson

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FILED 02/21/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41I-2018-R-2023 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 1-800-624-3270 (406) 586-4364 watercourt@mt.gov Ostrem, Eyvind 1.00 IN THE WATER COURT OF THE STATE OF MONTANA UPPER MISSOURI DIVISION MISSOURI RIVER ABOVE HOLTER DAM BASIN (41I) PRELIMINARY DECREE ******************** CASE 41I-2018-R-2023 41I 2752-00 41I 2753-00 CLAIMANT: Carl Christianson 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 claims 41I 2752-00 and 41I 2753-00 appeared in the Preliminary Decree for the Missouri River above Holter Dam (Basin 41I) issued on June 24, 2022. 1 The claims did not receive objections but did receive issue remarks from the Department of Natural Resources and Conservation (DNRC) raising potential legal or factual issues with the claims. The claims are consolidated into Case 41I-2018-R-2023 to address these issues. FINDINGS OF FACT 1. Water right claims 41I 2752-00 and 41I 2753-00 appeared in the Preliminary Decree as claims to springs that are unnamed tributaries of Staubach Creek. As they appeared in the decree, claim 41I 2752-00 is for the irrigation of up to 65 acres and claim 41I 2753-00 is for irrigation of up to 50 acres. They received the following substantive issue remarks: Claim 41I 2752-00: THE BROADWATER COUNTY WATER RESOURCES SURVEY( 1956 )APPEARS TO INDICATE 22.00 ACRES IRRIGATED. A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. USDA AERIAL PHOTOGRAPH NO(S). 479-52 , DATED 08/29/1979 , APPEARS TO INDICATE 46.00 ACRES IRRIGATED. A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. Claim 41I 2753-00: THE BROADWATER COUNTY WATER RESOURCES SURVEY( 1956 )APPEARS TO INDICATE 16.00 ACRES IRRIGATED. A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. USDA AERIAL PHOTOGRAPH NO(S). 479-52 , DATED 08/29/1979 , APPEARS TO INDICATE 23.00 ACRES IRRIGATED. A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. THE MAXIMUM COMBINED ACRES FOR THIS GROUP OF SUPPLEMENTAL CLAIMS MAY REQUIRE MODIFICATION PENDING RESOLUTION OF MAXIMUM IRRIGATED ACRES ISSUE. 2. The Water Court previously addressed the number of acres irrigated for these claims in a January 15, 1998 Master’s Report in Case 41I-229 (Adopted February 12, 1998). Case 41I-229 resulted from an objection the United States Bureau of Reclamation filed to the place of use and flow rate of the claim. The issue remarks described above were on the claims at the time. While the United States withdrew its 2 objections, the Water Master held that “no evidence has been submitted to overcome the prima facie status of the original claims. . . .” Accordingly, the Water Master made the factual finding that “[a]cres irrigated . . . do not require change on these claims.” Master’s Report, Case 41I-229, Master’s Report, January 15, 1998. The Water Court was not required to resolve and remove the issue remarks at that time, and the remarks remained on the claims. CONCLUSIONS OF LAW 1. The issues raised in the issue remarks were addressed by the Court in Case 41I-229. No modification of these claims is required, and the issue remarks should be removed. RECOMMENDATIONS Based on the foregoing Findings of Fact and Conclusions of Law, this Master recommends that the Court remove the issue remarks from the claims. A Post Decree Abstract of each water right claim reflecting the recommended changes is attached to this Report for review. ELECTRONICALLY SIGNED AND DATED BELOW. Service via USPS Mail Carl Christianson 244 Filson Rd Winston, MT 59647 \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\41I PD\Cases\2018\EO 41I-2018 MR (Acres irrigate prior MR) 2.12.24 VH.docx 3 Electronically Signed By: Hon. Judge Eyvind Ostrem Wed, Feb 21 2024 01:12:02 PM February 12, 2024 41I 2752-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, ABOVE HOLTER DAM BASIN 41I 41I 2752-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: CARL CHRISTIANSON 244 FILSON RD WINSTON, MT 59647-8401 Priority Date: JUNE 30, 1954 Type of Historical Right: FILED Purpose (Use): IRRIGATION FLOOD Irrigation Type: 282.74 GPM Flow Rate: 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: 65.00 Source Name: SPRING, UNNAMED TRIBUTARY OF STAUBACH CREEK GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWNWNE 36 9N 1W BROADWATER Qtr Sec NESE Sec 25 Twp 9N Rge 1W County BROADWATER Period of Diversion: APRIL 1 TO NOVEMBER 15 Diversion Means: HEADGATE Ditch Name: FILSON DITCH APRIL 1 TO NOVEMBER 15 Period of Use: Place of Use: ID 1 Acres 10.00 2 40.00 SESE 25 9N 1W BROADWATER 15.00 SWSE 25 9N 1W BROADWATER 3 Total: Govt Lot 65.00 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. 2743-00 2752-00 2753-00 February 12, 2024 41I 2753-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, ABOVE HOLTER DAM BASIN 41I 41I 2753-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: CARL CHRISTIANSON 244 FILSON RD WINSTON, MT 59647-8401 Priority Date: DECEMBER 31, 1958 Type of Historical Right: FILED Purpose (Use): IRRIGATION FLOOD Irrigation Type: THIS WATER RIGHT ALSO INCLUDES SUBIRRIGATION AS AN INCIDENTAL TYPE OF IRRIGATION. 282.74 GPM Flow Rate: 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: 50.00 Source Name: SPRING, UNNAMED TRIBUTARY OF STAUBACH CREEK GROUNDWATER Source Type: SOURCE IS COMPOSED OF FOUR DEVELOPED SPRINGS WITHIN THE POINT OF DIVERSION LEGAL LAND DESCRIPTION. Point of Diversion and Means of Diversion: ID Govt Lot 1 Period of Diversion: Qtr Sec Sec Twp Rge County SE 25 9N 1W BROADWATER APRIL 1 TO NOVEMBER 15 DITCH Diversion Means: THE POINT OF DIVERSION CONSISTS OF SEVERAL SPRINGS LOCATED IN THE SE SEC 25 TWP 09N RGE 01W BROADWATER COUNTY. APRIL 1 TO NOVEMBER 15 Period of Use: Place of Use: ID 1 Acres 30.00 2 3 4 Total: Remarks: Qtr Sec NESE Sec 25 Twp 9N Rge 1W County BROADWATER 10.00 NWSE 25 9N 1W BROADWATER 5.00 SESE 25 9N 1W BROADWATER 5.00 SWSE 25 9N 1W BROADWATER 50.00 Govt Lot February 12, 2024 41I 2753-00 Page 2 of 2 Post Decree Abstract 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. 2743-00 2752-00 2753-00

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