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FILED 01/29/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41N-0105-I-2024 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 (406) 586-4364 1-800-624-3270 watercourt@mt.gov White, Eugene 1.00 IN THE WATER COURT OF THE STATE OF MONTANA UPPER MISSOURI DIVISION WILLOW CREEK BASIN (41N) INTERLOCUTORY DECREE ***************************** CASE: 41N-0105-I-2024 41N 30126486 41N 30126487 CLAIMANT: ISH Inc. 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 Interlocutory Decree for Willow Creek (Basin 41N) were subject to “issue remarks” resulting from pre-decree examination by the DNRC, objections, and counterobjections. 1 Claims 41N 30126486 and 41N 30126487 are being consolidated into Case 41N0105-I-2024 to resolve the issue remarks. FINDINGS OF FACT 1. Claim 41N 30126486 received the following substantive issue remark: THE CLAIMED VOLUME EXCEEDS THE 2.75 ACRE-FEET GUIDELINE FOR THIS PURPOSE. ITS ACCURACY CANNOT BE CONFIRMED DUE TO LACK OF DATA. 2. No Objections were filed. 3. Each of the above-captioned claims received a notice-type issue remark denoting that they were not included in the Basin 41N Decree issued March 29, 2018. PRINCIPLES OF LAW 1. A properly filed Statement of Claim for an existing water right is prima facie proof of its content. Section 85-2-227, MCA. This prima facie validity may be overcome by evidence showing that one or more elements of the claim are incorrect. This standard of proof applies to objectors or claimants objecting to their own water right claims. Rule 19, W.R.Adj.R., Nelson v. Brooks, 2014 MT 120; 375 Mont.86, 95; 329 P.3d 558, 564. 2. The Water Court must address all issue remarks that appear on a claim. Section 85-2-248, MCA. CONCLUSIONS OF LAW 1. The DNRC volume issue remark appearing on claim 41N 30126486 is not supported by evidence sufficient to overcome the prima facie status afforded the volume element of claim 41N 30126486. Therefore, the remark should be removed from the claim. 2. The notice-type issue remarks appearing on each of the claims served their notice purpose and should be removed from the claims. RECOMMENDATIONS Based on the foregoing Findings of Fact and Conclusions of Law, this Master recommends that the Court remove all issue remark from the above-captioned claims. 2 Post decree abstracts of the water right claims reflecting the recommended changes are attached to this Report. ELECTRONICALLY SIGNED AND DATED BELOW. Service via USPS Mail: ISH Inc. PO Box 200 Chester, MT 59522 \\JUDHLNSRV-DATA\Share\JUDGALH2OS RV (Datavol)\Share\WC-BASIN FOLDERS\41N ILT\Cases\105\41N-0105-I-2024 MR (multiple claims, IR does not overcome prima facie, remove) 1-8-24 jbc.docx 3 Electronically Signed By: Hon. Judge Eugene White Mon, Jan 29 2024 01:06:28 PM January 25, 2024 41N 30126486 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM WILLOW CREEK BASIN 41N 41N 30126486 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: ISH INC PO BOX 200 CHESTER, MT 59522 Priority Date: NOVEMBER 30, 1939 Type of Historical Right: USE Purpose (Use): DOMESTIC Flow Rate: 5.00 GPM Volume: 3.36 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 SESENE 33 34N 4E LIBERTY Sec 33 Twp 34N Rge 4E County LIBERTY JANUARY 1 TO DECEMBER 31 WELL Diversion Means: JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres 0.50 Total: Govt Lot Qtr Sec SESENE 0.50 Remarks: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE MULTIPLE USES OF THE SAME RIGHT. THE USE OF THIS RIGHT FOR SEVERAL PURPOSES DOES NOT INCREASE THE EXTENT OF THE WATER RIGHT. RATHER IT DECREES THE RIGHT TO ALTERNATE AND EXCHANGE THE USE (PURPOSE) OF THE WATER IN ACCORD WITH HISTORICAL PRACTICES. 30126486 30126487 January 25, 2024 41N 30126487 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM WILLOW CREEK BASIN 41N 41N 30126487 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: ISH INC PO BOX 200 CHESTER, MT 59522 Priority Date: NOVEMBER 30, 1939 Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: 5.00 GPM THIS RIGHT INCLUDES THE AMOUNT OF WATER CONSUMPTIVELY USED FOR STOCK WATERING PURPOSES AT THE RATE OF 30 GALLONS PER DAY PER ANIMAL UNIT. ANIMAL UNITS SHALL BE BASED ON REASONABLE CARRYING CAPACITY AND HISTORICAL USE OF THE AREA SERVICED BY THIS WATER SOURCE. *Volume: GROUNDWATER Source Name: GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge SESENE 33 34N 4E LIBERTY Sec 33 Twp 34N Rge 4E County LIBERTY Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: WELL County JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec SESENE Remarks: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE MULTIPLE USES OF THE SAME RIGHT. THE USE OF THIS RIGHT FOR SEVERAL PURPOSES DOES NOT INCREASE THE EXTENT OF THE WATER RIGHT. RATHER IT DECREES THE RIGHT TO ALTERNATE AND EXCHANGE THE USE (PURPOSE) OF THE WATER IN ACCORD WITH HISTORICAL PRACTICES. 30126486 30126487

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