Tee Bar Ranch Co.

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FILED 01/18/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41K-0616-R-2023 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 1-800-624-3270 (406) 586-4364 watercourt@mt.gov White, Eugene 6.00 IN THE WATER COURT OF THE STATE OF MONTANA UPPER MISSOURI DIVISION SUN RIVER BASIN (41K) ******************** CASE 41K-0616-R-2023 41K 96553-00 CLAIMANT: 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, conclusion 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. Claim 41K 96553-00 received issue remarks during the DNRC’s review of the claims. The claim was consolidated into Case 41K-0616-R-2023 and an Order Setting Filing Deadline was issued by the Water Court to resolve the issue remarks. 1 FINDINGS OF FACT 1. Claim 41K 96553-00 received the following substantive issue remarks: THIS CLAIM PRESENTS ISSUES OF FACT AND LAW THAT MAY BE ADDRESSED AT THE OBJECTION STAGE. IT APPEARS THAT 285 ACRES ARE ACTUALLY IRRIGATED AND PROBLEMS COULD EXIST WITH FLOW RATE. 2. On June 12, 2023, the Water Court consolidated the claim and issued an Order Setting Filing Deadline for the Claimant to file information regarding the historically accurate acres irrigated for claim 41K 96553-00. 3. On September 26, 2023, claimant Tee Bar Ranch, Co. (“Tee Bar”) filed a Response. Tee Bar’s Response states that it does not oppose the proposed reduction in total acres from 320, as appeared in the Basin 41K Preliminary Decree, to 285, as listed in the issue remark. 4. Claim 41K 96553-00 also received notice-type issue remarks denoting modifications made by the DNRC during its claims reexamination. No Objections were filed. PRINCIPLES OF LAW 1. 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. 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. 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. CONCLUSIONS OF LAW 1. Based on the Response filed by claimant Tee Bar, the maximum acres element of claim 41K 96553-00 should be reduced from 320 to 285 acres per Rule 17(c), W.R.Adj.R. and the acres irrigated issue remark should be removed from the claim. 2 2. The notice type issue remarks appearing on claim 41K 96553-00 served their notice purpose and 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 element of claim 41K 96553-00 as described in Conclusion of Law No. 1 and remove the issue remarks from the claim. Post decree abstracts of the water right claims reflecting the recommended changes are attached to this Report. ELECTRONICALLY SIGNED AND DATED BELOW. Service Via Electronic Mail: Ryan McLane William Driscoll FRANZ & DRISCOLL, PLLP PO Box 1155 Helena, MT 59624-1155 (406) 442-0005 Ryan@franzdriscoll.com Office@franzdriscoll.com WPD@franzdriscoll.com \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\41K PD\41K Cases\616\41K-0616-R-2023 MR (single claim, response resolved IR, rule 17 reduction) 1-8-24 jbc.docx 3 Electronically Signed By: Hon. Judge Eugene White Thu, Jan 18 2024 08:49:24 AM January 8, 2024 41K 96553-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM SUN RIVER BASIN 41K Water Right Number: 41K 96553-00 Version: STATEMENT OF CLAIM 3 -- POST DECREE Status: Owners: TEE BAR RANCH CO PO BOX 389 AUGUSTA, MT 59410 Priority Date: JANUARY 1, 1960 Type of Historical Right: USE Purpose (Use): IRRIGATION ACTIVE SPRINKLER Irrigation Type: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. Flow Rate: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. *Volume: 4 - MODERATELY LOW Climatic Area: Maximum Acres: 285.00 Source Name: UNNAMED TRIBUTARY OF ELK CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWSESW 24 20N 7W LEWIS AND CLARK Sec 24 Twp 20N Rge 7W County LEWIS AND CLARK Sec 24 Twp 20N Rge 7W County LEWIS AND CLARK Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: PIT Reservoir: ONSTREAM Govt Lot Qtr Sec NWSESW Diversion to Reservoir: DIVERSION # 1 APRIL 1 TO OCTOBER 31 Period of Use: Place of Use: ID 1 Acres 285.00 Total: Govt Lot Qtr Sec S2 285.00 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. January 8, 2024 41K 96553-00 96519-00 96589-00 Page 2 of 2 Post Decree Abstract 96553-00 96584-00 96585-00 96586-00 96587-00

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