John R. Cobb; Cobb & Cobb LLC; Michaela Sarah Hamilton Howe-Cobb Trust; Morgan Helen Worthington Howe-Cobb Trust

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FILED 01/10/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41K-0030-R-2023 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 (406) 586-4364 1-800-624-3270 watercourt@mt.gov Block, Nathaniel 3.00 IN THE WATER COURT OF THE STATE OF MONTANA UPPER MISSOURI DIVISION SUN RIVER BASIN (41K) PRELIMINARY DECREE ******************** CLAIMANTS: John R. Cobb; Cobb & Cobb LLC; Michaela Sarah Hamilton Howe-Cobb Trust; Morgan Helen Worthington Howe-Cobb Trust CASE 41K-0030-R-2023 41K 96177-00 NOTICE OF INTENT TO APPEAR: LF Ranch MT LLC; Tee Bar Ranch Co. 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 The above-captioned claim appeared in the Preliminary Decree for the Sun River (Basin 41K) with the following remarks: POINT OF DIVERSION AND DITCH NAME WERE MODIFIED AS A RESULT OF DNRC REVIEW UNDER MONTANA WATER COURT REEXAMINATION ORDERS. IF NO OBJECTIONS ARE FILED TO THIS CLAIM, THESE ELEMENTS WILL REMAIN AS THEY APPEAR ON THIS ABSTRACT AND THE REMARK WILL BE REMOVED FROM THE CLAIM. THE CLAIMED PRIORITY DATE MAY BE QUESTIONABLE. THE PRIORITY DATE ON THE SUBMITTED DECREE IS 03/01/1872. LF Ranch MT LLC (LF Ranch) and the Tee Bar Ranch Co. (Tee Bar Ranch) filed Notices of Intent to Appear (NOIAs) for the claim. On August 11, 2023, the above-captioned claim was consolidated into case 41K0030-R-2023 and on September 18, 2023, a status conference was held. The parties in attendance agreed that the priority date issue remark had been erroneously placed on the claim and should be removed. The priority date was previously decreed during proceedings in Water Court Case 41K-7. On September 25, 2023, this Master issued an Order allowing the parties to file documentation showing why the priority date issue remark should remain on the claim and stated that if nothing was filed, the issue remark would be removed. Nothing was filed in response to the Order. FINDINGS OF FACT 1. The priority date issue remark on the claim was resolved during proceedings in Water Court Case 41K-7 and should be removed from the claim. 2. Removal of the issue remark moots and resolves the NOIAs filed by LF Ranch and Tee Bar Ranch. 3. The point of diversion issue remark provided notice that point of diversion and ditch name were modified as part of reexamination and has served its purpose. The remark is self-executing in nature and does not require additional proceedings. PRINCIPLES OF LAW 1. The Montana Water Court has the authority to determine the extent of all water rights in the state as they existed prior to July 1, 1973. Fellows v. Saylor, 2016 MT 45, ¶ 25, 382 Mont. 298, 367 P.3d 732; §§ 85-2-233, -102(13), MCA. 2. A properly filed Statement of Claim for Existing Water Right is prima facie 2 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. CONCLUSION OF LAW 1. The issue remarks should be removed from the claim as discussed above. RECOMMENDATION 1. Upon review of the record in this case, the issue remarks should be removed from the above-captioned claim as discussed above. Removal of the remarks resolves the NOIAs. A Post Decree Abstract of Water Right Claim is attached to this Master’s Report for review. ELECTRONICALLY SIGNED AND DATED BELOW. Service via USPS Mail: John R. Cobb PO Box 388 Augusta, MT 59410-0388 Service via Electronic Mail: Ryan P. McLane William P. Driscoll FRANZ & DRISCOLL, PLLP PO Box 1155 Helena, MT 59624-1155 (406) 442-0005 Ryan@franzdriscoll.com wpd@franzdriscoll.com Office@franzdriscoll.com Cobb & Cobb LLC PO Box 348 Augusta, MT 59410-0348 Michaela Sarah Hamilton Howe-Cobb Trust PO Box 289 Augusta, MT 59410-0289 Benjamin S. Sudduth Sudduth Law, PLLC 1050 East Main Street, Suite 3B PO Box 507 Bozeman, MT 59771-0507 (406) 272-2390 benjamin@sudduthlaw.com Morgan Helen Worthington Howe-Cobb Trust Morgan Helen Worthington Howe-Cobb Trustee 14970 Dark Star Ct Morgan Hill, CA 95037-6011 \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\41K PD\41K Cases\30\NB 41K-0030-R-2023 MR - Resolution of IRs 248 (NEW, single claim,NOIA, issue remarks) 1-3-2024 rr.docx 3 Electronically Signed By: Hon. Judge Nathaniel Block Wed, Jan 10 2024 07:38:02 AM January 4, 2024 41K 96177-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM SUN RIVER BASIN 41K 41K 96177-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: JOHN R COBB PO BOX 388 AUGUSTA, MT 59410-0388 Owners: COBB & COBB LLC PO BOX 348 AUGUSTA, MT 59410-0348 HOWE-COBB, MICHAELA SARAH HAMILTON TRUST PO BOX 289 AUGUSTA, MT 59410-0289 HOWE-COBB, MORGAN HELEN WORTHINGTON TRUST MORGAN HELEN WORTHINGTON HOWE-COBB TRUSTEE 14970 DARK STAR CT MORGAN HILL, CA 95037-6011 Priority Date: JUNE 1, 1888 Type of Historical Right: DECREED Purpose (Use): IRRIGATION FLOOD Irrigation Type: *Flow Rate: 4.00 CFS *Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 5 - LOW Climatic Area: 105.00 *Maximum Acres: FORD CREEK Source Name: SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County SWSENW 6 19N 8W LEWIS AND CLARK Qtr Sec N2SESW Sec 29 Twp 20N Rge 8W County LEWIS AND CLARK NWSWSE 29 20N 8W LEWIS AND CLARK MAY 1 TO OCTOBER 1 *Period of Diversion: Diversion Means: HEADGATE Ditch Name: FORD-BEACH DITCH MAY 1 TO OCTOBER 1 *Period of Use: *Place of Use: ID 1 Acres 7.00 2 3.00 Govt Lot January 4, 2024 41K 96177-00 Page 2 of 2 Post Decree Abstract 3 13.00 E2NESW 29 20N 8W LEWIS AND CLARK 4 31.00 NWSE 29 20N 8W LEWIS AND CLARK 5 16.00 SWNE 29 20N 8W LEWIS AND CLARK 6 18.00 NESE 29 20N 8W LEWIS AND CLARK 7 8.00 N2NESW 28 20N 8W LEWIS AND CLARK 8 9.00 S2SE 22 20N 8W LEWIS AND CLARK Total: 105.00 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. 95844-00 95848-00 95849-00 95891-00 95893-00 95895-00 95896-00 95897-00 95899-00 95900-00 95935-00 95942-00 96015-00 96049-00 96168-00 96170-00 96172-00 96177-00 96206-00

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