Emily P. Berg Trust; Big Sky Moonrise LLC; Nancy Perkins Docherty; Mary L. Perkins; Sarah E. Perkins; Warren K. & Ellavina T. Perkins Trust; United States of America (USDA Forest Service); Van Dyke Ranch LLC, Emily P. Berg Trust; Big Sky Moonrise LLC; Nancy Perkins Docherty; Mary L. Perkins; Sarah E. Perkins; Warren K. Perkins; United States of America (USDA Forest Service)

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FILED 01/30/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 43B-0536-R-2021 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 1-800-624-3270 (406) 586-4364 watercourt@mt.gov Lambert, Kathryn 46.00 MONTANA WATER COURT, YELLOWSTONE DIVISION YELLOWSTONE RIVER ABOVE AND INCLUDING BRIDGER CREEK BASIN BASIN 43B PRELIMINARY DECREE ****************************** CLAIMANTS: Emily P. Berg Trust; Big Sky Moonrise LLC; Nancy Perkins Docherty; Mary L. Perkins; Sarah E. Perkins; Warren K. & Ellavina T. Perkins Trust; United States of America (USDA Forest Service); Van Dyke Ranch LLC CASE 43B-0536-R-2021 43B 194730-00 43B 30160074 OBJECTORS: Emily P. Berg Trust; Big Sky Moonrise LLC; Nancy Perkins Docherty; Mary L. Perkins; Sarah E. Perkins; Warren K. Perkins; United States of America (USDA Forest Service) 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 to be added to the 10-day objection period. Rule 6(d), M.R.Civ.P. If you file an objection, you must mail 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 Big Sky Moonrise LLC, the United States of America (USDA Forest Service), Warren K. Perkins, Sarah E. Perkins, Nancy Perkins Docherty, Emily P. Berg Trust, and Mary L. Perkins objected to this claim. On February 27, 2023 the Stipulation To Resolve Unites States’ Objection was filed requesting the split of this claim into one claim for Emily P. Berg Trust, Big Sky Moonrise LLC, Nancy Perkins Docherty, Mary L. Perkins, Sarah E. Perkins, Warren K. & Ellavina T. Perkins Trust, and Van Dyke Ranch LLC, and a second claim for the United States of America (USDA Forest Service). This Stipulation is signed by counsels for United States of America (USDA Forest Service), Big Sky Moonrise LLC, and Van Dyke Ranch LLC. On March 3, 2023 the Stipulation signature page signed by counsel for Emily P. Berg Trust, Nancy Perkins Docherty, Mary L. Perkins, Sarah E. Perkins, and Warren K. & Ellavina T. Perkins Trust was filed. [FCE documents 22.00 and 23.00] On January 11, 2024 a Settlement Agreement was filed resolving the Big Sky Moonrise LLC objection and the Emily P. Berg Trust, Nancy Perkins Docherty, Mary L. Perkins, Sarah E. Perkins, and Warren K. Perkins objections. [FCE document 44.00] The Declaration of Nancy Perkins Docherty, Declaration of Van Dyke Ranch LLC (Gary Van Dyke), and Declaration Of Becky Hall are attached to and provide evidentiary support for the Settlement Agreement. The settlement documents are viewable in the Court’s FullCourt Enterprise case management system. APPLICABLE LAW The Montana Water Court has jurisdiction over all matters relating to the determination of existing water rights. Section 3-7-224, MCA. The Water Court may split a claim with multiple owners into separate claims upon request of all of the claimants prior to issuance of the final decree. Rule 26, W.R.Adj.R. A properly filed Statement of Claim for Existing Water Right is prima facie proof of its content pursuant to section 85-2-227, MCA. This prima facie proof may be contradicted and overcome by other evidence that proves, by a preponderance of the evidence, that the elements of the claim do not accurately reflect the beneficial use of the water right as it existed prior to July 1, 1973. This is the burden of proof for every assertion that a claim is incorrect 2 including for claimants objecting to their own claims. Rule 19, W.R.Adj.R. FINDINGS OF FACT 1. The Preliminary Decree states that the point of diversion for this livestock direct from source claim is: QTRSEC SWSWSW NENWSE SEC 32 5 4 9 29 TWP 6S 7S 7S 7S 6S RGE 8E 8E 8E 8E 8E COUNTY PARK PARK PARK PARK PARK SEC 32 29 5 9 4 TWP 6S 6S 7S 7S 7S RGE 8E 8E 8E 8E 8E COUNTY PARK PARK PARK PARK PARK and the place of use is: QTRSEC NENWSE Language in the Stipulation To Resolve Unites States’ Objection, Declaration of Nancy Perkins Docherty, Declaration of Van Dyke Ranch LLC (Gary Van Dyke), and Declaration Of Becky Hall all state that stockwatering occurs along the entire course of Sixmile Creek as it traverses each claimant’s or claimants’ property. Prior to splitting this claim, the point of diversion and place of use should be: QTRSEC N2N2N2 SWSWSW SENE SENWNE NWSE SWSE SESESW 2. SEC 32 5 5 4 9 29 29 29 29 29 TWP 6S 7S 7S 7S 7S 6S 6S 6S 6S 6S RGE 8E 8E 8E 8E 8E 8E 8E 8E 8E 8E COUNTY PARK PARK PARK PARK PARK PARK PARK PARK PARK PARK Claim 43B 194730-00 should be modified to represent only the Emily P. Berg Trust, Big Sky Moonrise LLC, Nancy Perkins Docherty, Mary L. Perkins, Sarah E. Perkins, Warren K. & Ellavina T. Perkins Trust, and Van Dyke Ranch LLC portion of the claimed right. 3 Claim 43B 30160074 should be generated for the United States of America (USDA Forest Service) portion of the claimed right. 3. Claim 43B 194370-00 should be modified as follows: 1) the ownership should be modified by removing United States of America (USDA Forest Service) as a co-owner, 2) the point of diversion and place of use should be: QTRSEC N2N2N2 SWSWSW SENE SESWNE NWSE SWSE SESESW and SEC 32 5 4 9 29 29 29 29 29 TWP 6S 7S 7S 7S 6S 6S 6S 6S 6S RGE 8E 8E 8E 8E 8E 8E 8E 8E 8E COUNTY PARK PARK PARK PARK PARK PARK PARK PARK PARK 3) the following remark should be added: THE POINTS OF DIVERSION AND PLACES OF USE ARE LOCATED ENTIRELY ON PRIVATE LAND. The Preliminary Decree also includes the following notice remark: POINT OF DIVERSION AND PLACE OF USE WERE MODIFIED AS A RESULT OF DNRC REVIEW UNDER MONTANA WATER COURT REEXAMINATION ORDERS. IF NO OBJECTIONS ARE FILED TO THIS CLAIM, THESE ELEMENTS WILL REMAIN AS THEY APPEAR ON THIS ABSTRACT AND THE REMARK WILL BE REMOVED FROM THE CLAIM. This remark provides notice of these changes made prior to issuance of the Preliminary Decree. The remark does not raise unresolved issues which need to be addressed. proceedings required for this remark. There are no The remark should be removed as having served its notice purpose. 4. The elements of claim 43B 30160074 should be same as 43B 194370-00 except: the owner should be United States of America (USDA Forest Service), 2) the point of diversion and place of use should be: QTRSEC and SEC 5 TWP 7S RGE 8E COUNTY PARK 3) the following remark should be added: THE POINT OF DIVERSION AND PLACE OF USE INCLUDE THE ENTIRE REACH OF SIXMILE CREEK WITHIN SECTION 5 T7S R8E EXCEPT THAT PORTION ON PRIVATE LAND IN SIXMILE AND MONTANA BAR PLACER #8838. 4 1) CONCLUSION OF LAW The settlements filed by the parties are sufficient to contradict and overcome the prima facie claim, and provide sufficient information to split the claim in order to reflect the divided interests. RECOMMENDATIONS Based upon the above Findings of Fact and Conclusion of Law, this Master recommends that the Court make the changes specified in the Findings of Fact to correct the Preliminary Decree for this Basin and to split claim 43B 194730-00 as requested by the claimants. A Post Decree Abstract of Water Right Claim for each claim is served with this Report to confirm the recommended changes to 43B 194730-00 and generation of split claim 43B 30160074 have been made in the state’s centralized record system. ELECTRONICALLY SIGNED AND DATED BELOW Service Via Email: Andrea Collins Collins Law PLLC P.O. Box 1392 Bozeman, MT 59771 (406) 595-2786 andrea@collinslawmt.com Stephen E. Woodruff Huppert, Swindlehurst & Woodruff, P.C. PO Box 523 Livingston, MT 59047 (406) 222-2023 steve@hswlegal.com anna@hswlegal.com Jeremy A. Michael Cusick, Farve, Mattick & Refling, P.C. PO Box 1288 Bozeman, MT 59771-1288 (406) 587-5511 (406) 587-9079 (Fax) office@cmrlawmt.com Romney S. Philpott, Trial Attorney US Department of Justice ENRD, Natural Resources Section 999 18th Street, South Terrace Suite 370 Denver, CO 80202 (303) 844-1810 romney.philpott@usdoj.gov Montanabasins.enrd@usdoj.gov \\JUDHLNSRV-DATA\SHARE\JUDGALH2OSRV (DATAVOL)\SHARE\WC-BASIN FOLDERS\43B PD\43B CASES\536R\536R MR 1-11-24 JBC.DOCX Electronically 5 Signed By: Hon. Judge Kathryn Lambert Tue, Jan 30 2024 09:05:11 AM January 25, 2024 43B 194730-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM YELLOWSTONE RIVER, ABOVE & INCLUDING BRIDGER CREEK BASIN 43B Water Right Number: 43B 194730-00 Version: STATEMENT OF CLAIM 3 -- SPLIT POST DECREE Status: Owners: ACTIVE NANCY PERKINS DOCHERTY 8327 FERGUSON RD STREETSBORO, OH 44241-5705 MARY L PERKINS 7532 33RD AVE NE SEATTLE, WA 98115 SARAH E PERKINS 741 S FARM RD #197 SPRINGFIELD, MO 65809 BERG EMILY P TRUST 8327 FERGUSON RD STREETSBORO, OH 44241-5705 BIG SKY MOONRISE LLC % COUCH, DAVID 5826 SAMET DR HIGH POINT, NC 27265-3660 PERKINS, WARREN K & ELLAVINA T TRUST PERKINS WARREN K & ELLAVINA T TRUSTEES 3861 FOREST BROOK ST FLAGSTAFF, AZ 86004 VAN DYKE RANCH, LLC 5117 DALECARLIA DR BETHESDA, MD 20816 Priority Date: DECEMBER 31, 1909 Type of Historical Right: USE 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: SIXMILE CREEK Source Type: SURFACE WATER Point of Diversion and Means of Diversion: January 25, 2024 43B 194730-00 Page 2 of 2 Post Decree Abstract ID Govt Lot Qtr Sec 1 Sec Twp Rge County 32 6S 8E PARK 7S 8E PARK 7S 8E PARK 7S 8E PARK 6S 8E PARK 6S 8E PARK 6S 8E PARK 6S 8E PARK 6S 8E PARK Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 2 Period of Diversion: N2N2N2 5 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE Diversion Means: 3 SWSWSW 4 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 4 9 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 5 Period of Diversion: SENE 29 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE Diversion Means: 6 SESWNE 29 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 7 Period of Diversion: NWSE 29 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE Diversion Means: 8 SWSE 29 Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 9 Period of Diversion: SESESW 29 JANUARY 1 TO DECEMBER 31 LIVESTOCK DIRECT FROM SOURCE Diversion Means: JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec Sec 32 Twp 6S Rge 8E County PARK 2 N2N2N2 5 7S 8E PARK 3 SWSWSW 4 7S 8E PARK 9 7S 8E PARK 4 5 SENE 29 6S 8E PARK 6 SESWNE 29 6S 8E PARK 7 NWSE 29 6S 8E PARK 8 SWSE 29 6S 8E PARK 9 SESESW 29 6S 8E PARK Remarks: THE POINTS OF DIVERSION AND PLACES OF USE ARE LOCATED ENTIRELY ON PRIVATE LAND. January 25, 2024 43B 30160074 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM YELLOWSTONE RIVER, ABOVE & INCLUDING BRIDGER CREEK BASIN 43B 43B 30160074 Water Right Number: Version: STATEMENT OF CLAIM 1 -- ORIGINAL RIGHT Status: ACTIVE Owners: USA (DEPT OF AGRICULTURE FOREST SERVICE) WATER RIGHTS PROGRAM MANAGER, NORTHERN REGION 26 FORT MISSOULA RD MISSOULA, MT 59804-7203 Priority Date: DECEMBER 31, 1909 Type of Historical Right: USE 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 STOCKWATERING 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: SIXMILE CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec 1 Sec Twp Rge County 5 7S 8E PARK Twp 7S Rge 8E County PARK Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Qtr Sec Sec 5 Remarks: THE POINT OF DIVERSION AND PLACE OF USE INCLUDE THE ENTIRE REACH OF SIXMILE CREEK WITHIN SECTION 5 T7S R8E EXCEPT THAT PORTION ON PRIVATE LAND IN SIXMILE AND MONTANA BAR PLACER #8838.

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