Tim D. Larson; Brenda Larson

Annotate this Case

Download PDF

FILED 01/23/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 42M-0033-I-2023 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 (406) 586-4364 1-800-624-3270 watercourt@mt.gov Stern, Anika 4.00 IN THE WATER COURT OF THE STATE OF MONTANA YELLOWSTONE RIVER BELOW POWDER RIVER - BASIN (42M) INTERLOCUTORY DECREE ******************** CLAIMANTS: Tim D. Larson; Brenda Larson CASE 42M-0033-I-2023 42M 30133612 42M 30133614 42M 30133615 42M 30133616 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. Tim D. Larson and Brenda Larson are the record owners of claims 42M 30133612, 42M 30133614, 42M 30133615, and 42M 30133616. 2. Claims 42M 30133612, 42M 30133614, 42M 30133615, and 42M 30133616 were decreed with DNRC issue remarks: 42M 30133612: NO PLACE OF USE HAS BEEN CLAIMED. NO TYPE OF HISTORICAL RIGHT WAS CLAIMED. DOCUMENTATION TO SUPPORT THE lYPE OF HISTORICAL RIGHT WAS NOT SUBMITTED WITH THIS CLAIM. 42M 30133614: THE CLAIMED PRIORITY DATE INDICATES AN APPROPRIATION OF WATER AFTER JUNE 30. 1973. THIS CLAIM DOES NOT APPEAR TO MEET THE DEFINITION OF AN EXEMPT RIGHT UNDER SECTION 85-2-222 (1). MCA. NO TYPE OF HISTORICAL RIGHT WAS CLAIMED. DOCUMENTATION TO SUPPORT THE TYPE OF HISTORICAL RIGHT WAS NOT SUBMITTED WITH THIS CLAIM. 42M 30133615: NO TYPE OF HISTORICAL RIGHT WAS CLAIMED. DOCUMENTATION TO SUPPORT THE "NPE OF HISTORICAL RIGHT WAS NOT SUBMITTED WITH THIS CLAIM. 42M 30133616: THE FLOW RATE HAS NOT BEEN EXAMINED AS NO UNIT OF MEASURE WAS CLAIMED. THE FLOW RATE GUIDELINE FOR THIS PURPOSE IS 35 GPM. NO TYPE OF HISTORICAL RIGHT WAS CLAIMED. DOCUMENTATION TO SUPPORT THE "NPE OF HISTORICAL RIGHT WAS NOT SUBMITTED WITH THIS CLAIM. Additionally, the claims were decreed with a remark indicating they were not included in the 2014 decree in Basin 42M. 3. Claimants Tim D. Larson and Brenda Larson were ordered to meet with the DNRC to address the unresolved issue remarks. 4. On November 17, 2023, DNRC Water Resource Specialist Ryan Hartwell filed a Memorandum stating he was not contacted by the Claimants. (Doc. 2.00). Mr. Hartwell indicated he reviewed the claim files as the basis for his recommendations. 42M 30133612: The Statement of Claim for 42M 30133612 indicated the point of diversion is in the SWNW of Section 24, T23N, R57E. The DNRC modified the point of diversion to the following: 2 Covt Lot ID 1 al.1 c,ec Irrp Itge Coup& NWSW NW 24 2 3N 5 7E RICHLAND Claimants Tim D. Larson and Brenda Larson did not claim a place of use on the Statement of Claim. In the Memorandum, Mr. Hartwell states: On June 24, 2019 a claim form was submitted by Tim D. Larson & Brenda Larson. The top left corner of page 1 of the claim form he provided is marked with a handwritten "#1", which appears to comport with the location marked "#1" on the map submitted with the claim. See Exhibit 1 & 2. With this information, point of diversion can be determined. No place of use is marked on the original claim form and no other marking on the map coordinates with the number marked on the claim form. Since this is a groundwater well for watering stock, it's likely that the Place of Use is the surrounding property, on which, the POD is specified. The place of use land description should read, "NWSWNW Section 24, T23N, R57E." Additionally, claimants Tim D. Larson and Brenda Larson did not claim a type of historical right on the Statement of Claim. Mr. Hartwell recommends the type of historical right be “use.” 42M 30133614: Claimants Tim D. Larson and Brenda Larson claimed a “1980” priority date on the Statement of Claim for claim 42M 30133614. Mr. Hartwell recommends the dismissal of claim 42M 30133614 as it does not meet the definition of an exempt claim. 42M 30133615: Claimants Tim D. Larson and Brenda Larson did not claim a type of historical right on the Statement of Claim. Mr. Hartwell recommends the type of historical right be “use.” 42M 30133616: No unit of measure (gallon per minute/cubic feet per second) was provided on the claim form. Mr. Hartwell recommends the flow rate be reduced to the 35.00 gallon per minute (gpm) guideline. Claimants Tim D. Larson and Brenda Larson did not claim a type of historical right on the Statement of Claim. Mr. Hartwell recommends the type of historical right be “use.” 5. To determine if Claimants Tim D. Larson and Brenda Larson agreed or disagreed with the recommended modifications, an Order was issued, setting a deadline for the Claimants to agree or disagree with the modifications recommended by Mr. 3 Hartwell. The Order indicated that if nothing were filed by the deadline, this Water Master would conclude the Claimants agree the following modifications should be made to the claims in this Case: 42M 30133612: Type of Historical Right: Place of Use: jail Gort Lot Qirles its Bra Het NWSWNW 24 23N 57E RICHLAND I- Csaintx 42M 30133614: Claim should be dismissed. 42M 30133615: Type of Historical Right: 42M 30133616: Type of Historical Right: Flow Rate: 4048 35.00 GPM The following language was included in the Order: Failure to comply with the terms of this Order may result in sanctions, up to and including entry of default and termination of a water right claim or dismissal of objections. Rule 22, W.R.Adj.R. Nothing was filed. PRINCIPLES AND CONCLUSIONS OF LAW 1. The Water Court must address all issue remarks decreed on a claim. Section 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. 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 issue remarks indicating claims 42M 30133612, 42M 30133614, 42M 30133615, and 42M 30133616 were not included in the 2014 decree are notice-type remarks. No objections were filed, and no further proceedings are required. 4 RECOMMENDATIONS 1. Claim 42M 30133612 should be modified as follows: Type of Historical Right: Place of Use: IL Agin Govt Lot QinieL Silt Ina Fa NWSWNW 24 23N 57E RICHLAND I- estnab: Claim 42M 30133615 should be modified as follows: Type of Historical Right: ERA And claim 42M 30133616 should be modified as follows: Type of Historical Right: ElE1 Flow Rate: 40,00. 35.00 GPM 2. Claim 42M 30133614-00 should be dismissed. 3. The issue remarks should be removed from claims 42M 30133612, 42M 30133615, and 42M 30133616. Post Decree Abstracts of Water Right Claims are served with the Report for review. Service via USPS Mail: Tim D. Larson Brenda Larson 34128 County Road 127 Sidney, MT 59270-3559 \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\42M ILT\Cases\42M-0033-I-2023\42M-0033-I-2023 MR 1.9.24 rc.docx 5 Electronically Signed By: Hon. Judge Anika Stern Tue, Jan 23 2024 11:43:37 AM January 12, 2024 42M 30133612 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM YELLOWSTONE RIVER, BELOW POWDER RIVER BASIN 42M 42M 30133612 Water Right Number: Version: STATEMENT OF CLAIM 2 -- POST DECREE ACTIVE Status: BRENDA LARSON 34128 COUNTY ROAD 127 SIDNEY, MT 59270-3559 Owners: TIM D LARSON 34128 COUNTY ROAD 127 SIDNEY, MT 59270-3559 DECEMBER 31, 1932 *Priority Date: Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: 10.00 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 County NWSWNW 24 23N 57E RICHLAND Sec 24 Twp 23N Rge 57E County RICHLAND Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: WELL JANUARY 1 TO DECEMBER 31 Period of Use: *Place of Use: ID 1 Acres Govt Lot Qtr Sec NWSWNW January 12, 2024 42M 30133614 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM YELLOWSTONE RIVER, BELOW POWDER RIVER BASIN 42M Water Right Number: 42M 30133614 Version: STATEMENT OF CLAIM 2 -- POST DECREE Status: Owners: DISMISSED BRENDA LARSON 34128 COUNTY ROAD 127 SIDNEY, MT 59270-3559 TIM D LARSON 34128 COUNTY ROAD 127 SIDNEY, MT 59270-3559 Priority Date: Type of Historical Right: Purpose (Use): STOCK Flow Rate: Volume: Source Name: Source Type: GROUNDWATER GROUNDWATER Point of Diversion and Means of Diversion: Period of Use: Place of Use: Remarks: THIS CLAIM WAS DISMISSED BY ORDER OF THE WATER COURT. January 12, 2024 42M 30133615 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM YELLOWSTONE RIVER, BELOW POWDER RIVER BASIN 42M 42M 30133615 Water Right Number: Version: STATEMENT OF CLAIM 2 -- POST DECREE ACTIVE Status: BRENDA LARSON 34128 COUNTY ROAD 127 SIDNEY, MT 59270-3559 Owners: TIM D LARSON 34128 COUNTY ROAD 127 SIDNEY, MT 59270-3559 DECEMBER 31, 1935 *Priority Date: Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: 10.00 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 County NENENE 26 23N 57E RICHLAND Sec 26 Twp 23N Rge 57E County RICHLAND Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: WELL JANUARY 1 TO DECEMBER 31 Period of Use: *Place of Use: ID 1 Acres Govt Lot Qtr Sec NENENE January 12, 2024 42M 30133616 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM YELLOWSTONE RIVER, BELOW POWDER RIVER BASIN 42M 42M 30133616 Water Right Number: Version: STATEMENT OF CLAIM 2 -- POST DECREE ACTIVE Status: BRENDA LARSON 34128 COUNTY ROAD 127 SIDNEY, MT 59270-3559 Owners: TIM D LARSON 34128 COUNTY ROAD 127 SIDNEY, MT 59270-3559 DECEMBER 31, 1961 *Priority Date: Type of Historical Right: USE Purpose (Use): STOCK Flow Rate: 35.00 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 County NWSESW 26 23N 57E RICHLAND Sec 26 Twp 23N Rge 57E County RICHLAND Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: WELL JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec NWSESW

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.