Chadam Inc., United States Forest Service

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FILED 03/08/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41K-0017-R-2023 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 1-800-624-3270 (406) 586-4364 watercourt@mt.gov White, Eugene 8.00 IN THE WATER COURT OF THE STATE OF MONTANA UPPER MISSOURI DIVISION SUN RIVER BASIN (41K) PRELIMINARY DECREE ******************** CASE 41K-0017-R-2023 41K 200231-00 CLAIMANT: Chadam Inc. OBJECTOR: United States Forest Service 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 All water right claims that appeared in the Preliminary Decree for Sun River (Basin 41K) were subject to “issue remarks” resulting from pre-decree examination by the DNRC, objections, and counterobjections. The above-captioned claim received an 1 objection to the place of use and maximum acres elements from the United States Forest Service (“Forest Service”) as well as an issue remark during the DNRC’s claims reexamination. The claim was consolidated into Case 41K-0017-R-2023 to resolve the objection and issue remarks. FINDINGS OF FACT Claim 41K 200231-00 received the following issue remark: 1. THIS CLAIM PRESENTS ISSUES OF FACT AND LAW THAT MAY BE ADDRESSED AT THE OBJECTION STAGE. IT APPEARS THAT FEWER ACRES ARE ACTUALLY IRRIGATED AND PROBLEMS COULD EXIST WITH FLOW RATE AND VOLUME. 2. On August 29, 2023, the Court consolidated the above-captioned claim and set a filing deadline for the Claimant and Objector to file settlement documents resolving the objection to claim 41K 200231-00. 3. On January 12, 2023, claimant Chadam Inc. and objector Forest Service filed a Stipulation. (Doc 7.00) 1 The Stipulation contains proposed modifications to claim 41K 200231-00 that would resolve the objection and acres irrigated issue remark appearing on the claim. Those proposed modification are as follows: 1. I1D The point of diversion should be amended as follows: Govt Lot 1 2. Qtr Sec Sec Twp Rge NENWSW NWIs4DES-W 26 22N County lOW LEWIS AND CLARK The place of use and maximum acres should appear as follows: ID Acres Govt Lot Qtr Sec Sec Twp Rge County 1 1.00 SESWNW 26 22N lOW LEWIS AND CLARK 2 4.00 SWSENW 26 22N lOW LEWIS AND CLARK 3 5.00 NENWSW 26 22N lOW LEWIS AND CLARK Total: 10.00 3. The following remark should be added: PLACE OF USE AND POINT OF DIVERSION ARE ENTIRELY ON PRIVATE LAND “Doc.” Numerical references correlate to case file docket numbers in the Water Court’s Full Court case management system. 1 2 PRINCIPLES OF LAW 1. If a claimant agrees to reduce or limit a claim, the Water Court may accept the reduction or limitation without reviewing further evidence, unless an unresolved issue remark remains. Rule 17(c), W.R.Adj.R. 2. 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. 3. 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 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. 4. The Water Court is not bound by parties’ settlement agreements. Any settlement reached by the parties is subject to review and approval by the Water Court. Rule 17(a), W.R.Adj.R. CONCLUSIONS OF LAW 1. The proposed modifications included in the parties’ Stipulation resolve the objection and acres irrigated issue remark appearing on claim 41K 200231-00. 2. The claim should be modified as described in Finding of Fact No. 3, the objection should be considered resolved, and the acres irrigated issue remark should be removed from the claim. RECOMMENDATIONS Based on the foregoing Findings of Fact and Conclusions of Law, this Water Master recommends that the Court modify the maximum acres and place of use elements, add the information remark regarding the point of diversion and place of use, and remove the issue remark as outlined above. A post decree abstract of the water right claim reflecting the recommended changes is attached to this Report. ELECTRONICALLY SIGNED AND DATED BELOW. 3 Electronically Signed By: Hon. Judge Eugene White Fri, Mar 08 2024 11:26:43 AM Service Via Electronic Mail: Mark J. Widerschein, Eve W. McDonald, Trial Attorney United States Department of Justice ENRD NRS PO Box 7611 Washington, DC 20044-7611 202-532-5803 Mark.Widerschein@Usdoj.Gov Montanabasins.ENRD@USDOJ.GOV Evelyn.mcDonald@usdoj.gov Abigail R. Brown Betsy R. Story Parsons Behle & Latimer PO Box 104 Helena, MT 59624 Main: 406-410-5050 AbbyBrown@parsonsbehle.com BStory@parsonsbehle.com ecf@parsonsbehle.com \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\41K PD\41K Cases\17\41K-0017-R-2024 MR (single claim, stipulation resolves objection) 3-4-24 jbc.docx 4 March 5, 2024 41K 200231-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM SUN RIVER BASIN 41K 41K 200231-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: ACTIVE Owners: CHADAM INC 1917 WILSON AVE CHESTERFIELD, MO 63005-4739 Priority Date: DECEMBER 31, 1947 Type of Historical Right: USE Purpose (Use): IRRIGATION SPRINKLER Irrigation Type: 256.00 GPM Flow Rate: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. *Volume: 5 - LOW Climatic Area: Maximum Acres: 10.00 Source Name: SUN RIVER, NORTH FORK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge NENWSW 26 22N 10W LEWIS AND CLARK Qtr Sec SESWNW Sec 26 Twp 22N Rge 10W County LEWIS AND CLARK Period of Diversion: APRIL 30 TO SEPTEMBER 30 Diversion Means: PUMP County APRIL 30 TO SEPTEMBER 30 Period of Use: Place of Use: ID 1 Acres 1.00 2 5.00 NENWSW 26 22N 10W LEWIS AND CLARK 3 4.00 SWSENW 26 22N 10W LEWIS AND CLARK Total: Govt Lot 10.00 Remarks: PLACE OF USE AND POINT OF DIVERSION ARE ENTIRELY ON PRIVATE LAND.

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