Church Universal & Triumphant Inc.; United States of America, USDA Forest Service, Church Universal & Triumphant Inc.; United States of America, USDA Forest Service
Annotate this Case
Download PDF
FILED 01/16/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 43B-0643-R-2022 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 1-800-624-3270 (406) 586-4364 watercourt@mt.gov McElyea, Russ 24.00 MONTANA WATER COURT, YELLOWSTONE DIVISION YELLOWSTONE RIVER ABOVE AND INCLUDING BRIDGER CREEK BASIN BASIN 43B PRELIMINARY DECREE ****************************** CLAIMANTS: Church Universal & Triumphant Inc.; United States of America, USDA Forest Service OBJECTORS: Church Universal & Triumphant Inc.; United States of America, USDA Forest Service CASE 43B-0643-R-2022 43B 190970-00 43B 190988-00 43B 190990-00 43B 190991-00 43B 190992-00 43B 190993-00 43B 191002-00 43B 191003-00 43B 191007-00 43B 191008-00 43B 191011-00 43B 191013-00 43B 191015-00 43B 193297-00 43B 196095-00 43B 196096-00 43B 196097-00 43B 196098-00 43B 196104-00 43B 196105-00 43B 196106-00 43B 196107-00 43B 196108-00 43B 196112-00 43B 196120-00 43B 196121-00 43B 30160057 43B 30160058 43B 30160059 43B 30160060 43B 30160061 43B 30160062 43B 30160063 43B 30160064 43B 30160065 ORDER AMENDING AND ADOPTING MASTER’S REPORT Pursuant to Montana Code Annotated, § 85-2-233(5), the above entitled case was assigned to Senior Water Master Kathryn L. W. Lambert. The Senior Water Master filed a report containing Findings of Fact and Conclusions of Law with the Clerk of Court. Copies of the report were served upon the parties on December 22, 2023. On December 28, 2023 the Church Universal & Triumphant Inc. filed a Motion For Correction To Master’s Report [“Motion”]. On January 2, 2024 the United States’ Response To Motion For Correction To Master’s Report was filed stating it agrees with the requested corrections. 1 The Master’s Report alerted the parties that “[F]or those instances where the text of the Amended Stipulation To Resolve Objections for a particular claim does not exactly match the proposed abstract for that claim, the text of the Amended Stipulation To Resolve Objections is the basis for the changes recommended in this Master’s Report.” The Motion states that the Master’s Report for claim 43B 191003-00 “carries over an error appearing in the text of the Amended Stipulation regarding POU ID #1 and POU ID #6 for the claim. However, Exhibits HH and II to the Amended Stipulation [the proposed abstract and aerial photograph copy] correctly describe these POU IDs for Claim 43B 191003-00.” Pursuant to Rule 53(e), M.R.Civ.P., it is ORDERED that Finding of Fact 17 concerning claim 43B 191003-00 is AMENDED by striking the recommended changes to the place of use and replacing it with: The place of use should be: GOVT LOT QTRSEC E2NW NWNWNE W2SE NWNESE SESENE W2NW S2SW SEC TWP 11 9S 11 9S 2 9S 2 9S 2 9S 1 9S 36 8S RGE 7E 7E 7E 7E 7E 7E 7E COUNTY PARK PARK PARK PARK PARK PARK PARK ORDERED that the Court ADOPTS the Senior Water Master’s Report and its Recommendations AS AMENDED ABOVE and APPROVES the changes to the centralized computer record system that are reflected on the abstract for claim 43B 191003-00 served with this Order and reflected on the abstracts for all of the other claims attached to the Master’s Report. ELECTRONICALLY SIGNED AND DATED BELOW. 2 Electronically Signed By: Hon. Judge Russ McElyea Tue, Jan 16 2024 11:20:09 AM Service Via Email: Breeann M. Johnson Western Roots Law PLLC PO Box 7004 Bozeman, MT 59771 406-600-9389 W johnson@westrootslaw.com Romney S. Philpott DOJ-ENRD 999 18th Street South Terrace, Ste 370 Denver, CO 80202 303-844-1810 W romney.philpott@usdoj.gov Montanabasins.enrd@usdoj.gov \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\43B PD\43B Cases\643R\643R oaa 1-3-24 jbc.docx 3 January 3, 2024 43B 191003-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM YELLOWSTONE RIVER, ABOVE & INCLUDING BRIDGER CREEK BASIN 43B 43B 191003-00 Water Right Number: Version: STATEMENT OF CLAIM 4 -- POST DECREE Status: ACTIVE Owners: CHURCH UNIVERSAL & TRIUMPHANT INC 63 SUMMIT WAY GARDINER, MT 59030-9314 Priority Date: JUNE 15, 1891 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: DEAF JIM CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Twp Rge County NWSENW 11 9S 7E PARK Qtr Sec E2NW Sec 11 Twp 9S Rge 7E County PARK 2 NWNWNE 11 9S 7E PARK 3 W2SE 2 9S 7E PARK 4 NWNESE 2 9S 7E PARK 5 SESENE 2 9S 7E PARK 6 W2NW 1 9S 7E PARK 7 S2SW 36 8S 7E PARK 1 Period of Diversion: JUNE 1 TO AUGUST 31 Diversion Means: DITCH JUNE 1 TO AUGUST 31 Period of Use: Place of Use: ID 1 Acres Govt Lot Remarks: THE POINT OF DIVERSION AND PLACE OF USE OF THIS WATER RIGHT ARE LIMITED TO PRIVATE PROPERTY WITHIN THE LISTED LEGAL LAND DESCRIPTION.
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.
