Harrison Land & Livestock, LLC; MPH Holdings LLC, Harrison Land & Livestock, LLC

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FILED 02/14/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 41Q-0118-I-2023 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 1-800-624-3270 (In-state only) (406) 586-4364 watercourt@mt.gov Stern, Anika 10.00 MONTANA WATER COURT, UPPER MISSOURI DIVISION MISSOURI RIVER FROM SUN RIVER TO MARIAS RIVER - BASIN 41Q ******************** CLAIMANTS: Harrison Land & Livestock, LLC; MPH Holdings LLC OBJECTOR: Harrison Land & Livestock, LLC CASE 41Q-0118-I-2023 41Q 30134322 41Q 30134324 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 FINDINGS OF FACT 1. Harrison Land & Livestock, LLC (Harrison Land and Livestock) is the record owner of stock claim 41Q 30134322. Harrison Land and Livestock and MPH Holdings LLC (MPH Holdings) are the record co-owners of stock claim 41Q 30134324. 2. Claims 41Q 30134322 and 41Q 30134324 were decreed with DNRC issue remarks: 41Q 30134322: THIS CLAIM NUMBER WAS NOT INCLUDEO IN THE BASIN 410 DECREE ISSUED 05.272010. 41Q 30134324: 'MIS CLAIM NUMBER WAS NOT INCLUDED IN THE BASIN 410 DECREE ISSUED 05/2712010. ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS, AS OF 09/30/2010 B. A PORTION OF THE PROPERTY ON WHICH THIS WATER RIGHT IS USED APPEARS TO BE OWNED BY MPH HOLDINGS LLC, MPH HOLDINGS LLC. BELT MT 59412. THIS CLAIM APPEARS TO BE CLAIMING TWO SEPARATE SOURCES OF WATER. MORE THAN ONE WATER RIGHT MAY BE INVOLVED. 3. The first-listed issue remark on the claims is a notice-type remark and does not require further proceedings. The ownership issue remark decreed on claim 41Q 30134324 is also a notice-type remark. 4. Harrison Land and Livestock objected to the place of use and maximum acres of claim 41Q 30134322, and it objected to the place of use and maximum acres, point of diversion and means of diversion, and source for claim 41Q 30134324. 5. Deadlines were set for the parties to file documents addressing the issue remarks and resolving the Objections. On January 17, 2024, the parties filed a Statement in Response to Water Court Order. (Doc. 1 9.00). The January 17, 2024 filing included proposed abstracts the Claimants indicate correctly show the points of diversion and places of use for the claims. Further, the Claimants indicate that if the changes proposed on the abstracts are made, the Objections will be resolved. 2 “Doc.” numerical references correlate to case file docket numbers in the Water Court’s Full Court case management system. 2 The proposed abstracts show modifications to flow rate and volume that were not addressed in the filings or Objections. This Master speculates the flow rate and volume modifications were errors on behalf of the parties, and they are not being addressed in this Master’s Report. 1 2 6. Claimant Harrison Land and Livestock indicates the following modifications to claim 41Q 30134322 are appropriate to correctly reflect the historical point of diversion and place of use: Point of Diversion and Means of Diversion: D3 1 Govt Lot Ott. Sec N2SW Sec 10 20N &a 7E County CASCADE 20N 7E CASCADE Sec DID 10 20N Hu 7E Period of Diversion: APRIL 1 TO OCTOBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE E2E2 2 9 Period of Diversion: APRIL 1 TO OCTOBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE Pbce of Use: m aan Covt tot II 2 7. Qtr_Ssl N2SW E2E2 9 20N 7E Lama CASCADE I CASCADE Claimants Harrison Land and Livestock and MPH Holdings indicate the following modifications to claim 41Q 30134324 are appropriate to correctly reflect the sources, historical points of diversion, and places of use: Source Name: SPRING. UNNAMED TRIBUTARY OFBEET-GREBE DRY COULEE SURFACE WATER Source: SPRING, UNNAMED TRIBUTARY OF BELT CREEK Source Tvoe: Surface Water Source T,pe: Point of Diversion and Means of Diversion: ID Govt Lot 1 Ok SH Sec GENENE 17 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE NENESE 2 17 &I 20N 7E County CASCADE SOURCE: SPRING, UNNAMED TRIBUTARY OF DRY COULEE 20t4 7E CASCADE SOURCE: SPRING, UNNAMED TRIBUTARY OF BELT CREEK Pbce of Use: Acus Covt Lot 1 SEME44E 17 20N Ha 7E Lama CASCADE 2 NENESE 17 20N 7E CASCADE PRINCIPLES AND CONCLUSIONS OF LAW 1. The Water Court is required to address all issue remarks decreed on a claim as well as any objections the claim receives. Sections 85-2-233, 85-2-247, and 85-2-248, MCA. 2. 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. 3 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. 3. The remark indicating claims 41Q 30134322 and 41Q 30134324 were not included in the 2010 decree issued in this Basin have served their purpose. As the only Objection in this Case has been resolved, no further proceedings are required. RECOMMENDATIONS 1. Claims 41Q 30134322 and 41Q 30134324 should be modified as shown in Findings of Fact Nos. 6 and 7. 2. The issue remarks should be removed from claims 41Q 30134322 and 41Q 30134324. Post Decree Abstracts of Water Right Claims are served with the Report for review. ELECTRONICALLY SIGNED AND DATED BELOW. Service Via Electronic Mail: Ron A Nelson Amber L. Stenson Front Range Law, PLLC 114 Third Street South Great Falls, MT 59401 rnelson@frontrangemt.com astenson@frontrangemt.com Service via USPS Mail: MPH Holdings, LLC 1366 E Highwood Rd Belt MT 59412 (Last Order) Caption and Service List Updated: 1/29/2024 \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\41Q ILT\Cases\41Q-0118-I-2023\41Q-0118-I-2023 MR 1.25.24 rc.docx 4 Electronically Signed By: Hon. Judge Anika Stern Wed, Feb 14 2024 10:29:10 AM January 30, 2024 41Q 30134322 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, FROM SUN TO MARIAS RIVERS BASIN 41Q 41Q 30134322 Water Right Number: Version: STATEMENT OF CLAIM 2 -- POST DECREE Status: ACTIVE Owners: HARRISON LAND & LIVESTOCK LLC % CHJW LLC 114 3RD ST S GREAT FALLS, MT 59403 Priority Date: NOVEMBER 25, 1898 Type of Historical Right: FILED Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED BECAUSE THIS USE CONSISTS OF STOCK DRINKING DIRECTLY FROM THE SOURCE, OR FROM A DITCH SYSTEM. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. Volume: 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. Source Name: UNNAMED TRIBUTARY OF WILLOW CREEK, NORTH FORK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge N2SW 10 20N 7E CASCADE 20N 7E CASCADE Period of Diversion: APRIL 1 TO OCTOBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 2 Period of Diversion: E2E2 9 County APRIL 1 TO OCTOBER 31 LIVESTOCK DIRECT FROM SOURCE Diversion Means: APRIL 1 TO OCTOBER 31 Period of Use: Place of Use: ID 1 2 Acres Govt Lot Qtr Sec N2SW Sec 10 Twp 20N Rge 7E County CASCADE E2E2 9 20N 7E CASCADE January 30, 2024 41Q 30134324 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM MISSOURI RIVER, FROM SUN TO MARIAS RIVERS BASIN 41Q Water Right Number: 41Q 30134324 Version: STATEMENT OF CLAIM 2 -- POST DECREE Status: Owners: ACTIVE HARRISON LAND & LIVESTOCK LLC % CHJW LLC 114 3RD ST S GREAT FALLS, MT 59403 MPH HOLDINGS LLC 1366 E HIGHWOOD RD BELT, MT 59412 Priority Date: MAY 1, 1904 Type of Historical Right: FILED NO REVIEW OR DETERMINATION OF THE CLAIMED TYPE OF HISTORICAL RIGHT HAS BEEN MADE. Purpose (Use): STOCK Flow Rate: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED BECAUSE THIS USE CONSISTS OF STOCK DRINKING DIRECTLY FROM THE SOURCE, OR FROM A DITCH SYSTEM. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. Volume: 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. Source Name: SPRING, UNNAMED TRIBUTARY OF DRY COULEE Source Type: Source Name: Source Type: SURFACE WATER SPRING, UNNAMED TRIBUTARY OF BELT CREEK SURFACE WATER Point of Diversion and Means of Diversion: ID 1 Source Name: Govt Lot Qtr Sec Sec Twp Rge S2NE 17 20N 7E JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE NESE 17 20N 7E Source Name: SPRING, UNNAMED TRIBUTARY OF BELT CREEK Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE Period of Use: CASCADE SPRING, UNNAMED TRIBUTARY OF DRY COULEE Period of Diversion: 2 County JANUARY 1 TO DECEMBER 31 CASCADE January 30, 2024 41Q 30134324 Page 2 of 2 Post Decree Abstract Place of Use: ID 1 2 Acres Govt Lot Qtr Sec S2NE Sec 17 Twp 20N Rge 7E County CASCADE NESE 17 20N 7E CASCADE

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