Frank Walsh & Sara Hagel Revocable Trust, United States Forest Service

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FILED 02/16/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41K-0068-R-2023 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 1-800-624-3270 (406) 586-4364 watercourt@mt.gov White, Eugene 5.00 IN THE WATER COURT OF THE STATE OF MONTANA UPPER MISSOURI DIVISION SUN RIVER BASIN (41K) PRELIMINARY DECREE ******************** CLAIMANT: Frank Walsh & Sara Hagel Revocable Trust OBJECTOR: United States Forest Service CASE 41K-0068-R-2023 41K 96622-00 41K 96623-00 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 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. Claims 41K 96622-00 and 41K 96623-00 1 each received an objection from the United States Forest Service (“Forest Service”) to the place of use and maximum acres elements. The claims also received an issue remark during the DNRC’s review of the claims. The above-captioned claims were consolidated into Case 41K-0068-R-2023 to resolve the objections and issue remarks. FINDINGS OF FACT 1. A Status Conference for Case 41K-0068-R-2023 took place on October 19, 2023, by telephone conference call. Water Master Eugene C. White presided; Mark Widerschein was present on behalf of Objector United States Forest Service; a representative for Claimant Frank Walsh & Sara Hagel Revocable Trust was not present. During the conference, Mr. Widerschein noted that the parties had already reached a settlement in principle and that a Stipulation would be filed later that day. 2. On October 19, 2023, the parties filed a Stipulation (Doc. 3.00) 1 The Stipulation proposes the following for each of the above captioned claims: 1. The following information remark should be added to the place of use for claims 41K 96622-00 and 41K 96623-00: POINT OF DIVERSION AND PLACE OF USE ARE ENTIRELY ON PRIVATE LAND. 3. Each claim also received a notice-type issue remark from the DNRC during its claims reexamination. PRINCIPLES OF LAW 1. 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. 2. 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. “Doc.” Numerical references correlate to case file docket numbers in the Water Court’s Full Court case management system. 1 2 3. 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. CONCLUSIONS OF LAW 1. Based on the information contained in the Stipulation, the information remark shown in Finding of Fact No. 2 should be added to the abstract of the claims. 2. The objection appearing on each of the claims should be considered resolved. 3. The notice-type issue remark appearing on each claim served their notice purpose and should be removed from the claims. RECOMMENDATIONS Based on the foregoing Findings of Fact and Conclusions of Law, this Water Master recommends that the Court add an information remark to each of the claims stating that, “point of diversion and place of use are entirely on private land,” and remove the issue remarks from the claims. Post decree abstracts of the water right claims reflecting the recommended changes are attached to this Report. ELECTRONICALLY SIGNED AND DATED BELOW. 3 Electronically Signed By: Hon. Judge Eugene White Fri, Feb 16 2024 07:53:54 AM Service via USPS Mail: Frank Walsh & Sara Hagel Revocable Trust Frank Walsh & Sara Hagel Trustees 739 Capistrano Dr. Kalispell, MT 59901-6657 Service Via Electronic Mail: Mark J. Widerschein, 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 Eve W. McDonald, Trial Attorney Natural Resources Section Environment & Natural Resources Division U.S. Department of Justice 999 18th St, South Terrace, Suite 370 Denver, CO 80202 (303) 844-1381 Evelyn.mcDonald@usdoj.gov MontanaBasins.ENRD@USDOJ.GOV \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\41K PD\41K Cases\68\41K-0068-R-2024 MR (multiple claims, stipulation filed) 2-1-24 jbc.docx 4 February 5, 2024 41K 96622-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM SUN RIVER BASIN 41K 41K 96622-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: HAGEL, FRANK & SARA WALSH REVOCABLE TRUST FRANK D HAGEL & SARA P WALSH CO-TRUSTEES 739 CAPISTRANO DR KALISPELL, MT 59901-6657 Priority Date: DECEMBER 31, 1961 Type of Historical Right: USE Purpose (Use): DOMESTIC Flow Rate: 30.00 GPM Volume: 1.50 AC-FT 1 Households: GROUNDWATER Source Name: GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Period of Diversion: Qtr Sec Sec Twp Rge County SENWNE 17 20N 6W LEWIS AND CLARK JANUARY 1 TO DECEMBER 31 Diversion Means: WELL Subdivision: AUGUSTA ORIGINAL TOWNSITE TRACT/LOT: 002 BLOCK: 008 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Subdivision: Govt Lot Qtr Sec NWNE Sec 17 Twp 20N Rge 6W County LEWIS AND CLARK AUGUSTA ORIGINAL TOWNSITE TRACT/LOT: 002 BLOCK: 008 Remarks: POINT OF DIVERSION AND PLACE OF USE ARE ENTIRELY ON PRIVATE LAND. February 5, 2024 41K 96623-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM SUN RIVER BASIN 41K 41K 96623-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: HAGEL, FRANK & SARA WALSH REVOCABLE TRUST FRANK D HAGEL & SARA P WALSH CO-TRUSTEES 739 CAPISTRANO DR KALISPELL, MT 59901-6657 Priority Date: DECEMBER 31, 1961 Type of Historical Right: USE Purpose (Use): DOMESTIC Flow Rate: 30.00 GPM Volume: 1.50 AC-FT 1 Households: Maximum Acres: 0.50 Source Name: GROUNDWATER GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Period of Diversion: Qtr Sec Sec Twp Rge County SENWNE 17 20N 6W LEWIS AND CLARK JANUARY 1 TO DECEMBER 31 Diversion Means: WELL Subdivision: AUGUSTA ORIGINAL TOWNSITE TRACT/LOT: 002 BLOCK: 008 JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres 0.50 Qtr Sec NWNE Sec 17 Twp 20N Rge 6W County LEWIS AND CLARK AUGUSTA ORIGINAL TOWNSITE TRACT/LOT: 002 BLOCK: 008 Subdivision: Total: Govt Lot 0.50 Remarks: POINT OF DIVERSION AND PLACE OF USE ARE ENTIRELY ON PRIVATE LAND.

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