Crazy Not To, LLC; J Bar L Ranches LLC

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FILED 03/11/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 43BV-0063-R-2022 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 (406) 586-4364 1-800-624-3270 watercourt@mt.gov Brown, Stephen R 1.00 IN THE WATER COURT OF THE STATE OF MONTANA YELLOWSTONE DIVISION SWEET GRASS - BASIN (43BV) ************************* CLAIMANTS: Crazy Not To, LLC; J Bar L Ranches LLC CASE 43BV-0063-R-2022 43BV 138469-00 43BV 30126697 CLOSING ORDER The Water Court included claims 43BV 138469-00 and 43BV 30126697 in the Preliminary Decree for the Sweet Grass Creek Basin (Basin 43BV) issued on May 21, 2021. The claims are unrelated other than both are owned by Crazy Not To, LLC. J Bar L Ranches LLC also has an ownership interest in claim 43BV 138469-00 and appears to own a portion of the place of use. These two claims are decreed as use rights to use water for stock water use. The source for claim 43BV 138469-00 is Sweet Grass Creek, as diverted to the Adam Intake Canal. Claim 43BV 30126697 is a direct from source stock water claim from an unnamed tributary of Sourdough Creek. Both claims received Montana Department of Natural Resources and Conservation (“DNRC”) issue remarks from pre-decree examination. No one objected to either claim. Claim 43BV 138469-00 received the following issue remarks: DITCH NAME AND MEANS OF DIVERSION 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 1 ON THIS ABSTRACT AND THE REMARK WILL BE REMOVED FROM THE CLAIM. THE PRIORITY DATE MAY BE QUESTIONABLE. THIS CLAIM IS FOR A USE RIGHT ON SWEET GRASS CREEK WITH A PRIORITY DATE PREDATING CASE NO. 342 , SWEET GRASS COUNTY. The first remark (remark code P88) indicates DNRC standardized the ditch name, which is part of what the Water Court instructed in its Order Addressing Reexamination dated December 14, 2012. No objections were filed based on the remark, so the remark served its notice purpose and may be removed. The priority date remark (remark code P370) does not necessarily call into question the validity of the priority date. Rather it alerts potential interested parties of the claimed use right in relation to a district court decree. Because district court decrees often did not include all water rights on a source, nor was there a clear mechanism for doing so. The Supreme Court has recognized the validity of non-decreed rights on a decreed source on several occasions. See, e.g., State ex rel. McKnight v. Dist. Court, 111 Mont. 520, 111 P.2d 292 (1941); Tucker v. Jones, 8 Mont. 225, 232, 19 P. 571, 574 (1888). The P370 remark put parties with decreed rights from the prior district court decree in Case 342 on notice of a potential priority date issue. The remark on the claims in this case provided that notice and did not generate any objections. The remark served its purpose and should be removed. Claim 43BV 30126697 received the following two remarks: THIS CLAIM NUMBER WAS NOT INCLUDED IN THE BASIN 43BV DECREE ISSUED 12/19/1984. THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT WERE FILED BY DIFFERENT PARTIES WHO CLAIM OVERLAPPING PLACES OF USE. 30126697, 30137385. Claim 43BV 30126697 was filed as an “exempt” claim under the provisions of House Bill 110 (“HB 110”) passed by the 2017 Montana Legislature (codified at § 85-2222, MCA). HB 110 authorized owners of certain exempt claims the option of filing the 2 claims prior to a June 30, 2019 filing deadline. The issue remark gave notice that the claim did not appear in the temporary preliminary decree (“TPD”) for Basin 43BV, which the Water Court issued in 1985, because the TPD predated the exempt claim filing deadline. The second remark (which was included twice on the abstract) provided notice that the decreed place of use overlapped with the place of use of claim 43BV 30137385. Both claims cover the same place of use, but have different ownerships. The Court addressed and closed claim 43BV 30137385 in case no. 43BV-0027-R-2022. The Court did not receive any objections to claim 43BV 30126697 based on place of use, point of diversion, or ownership, nor has the Water Court received any request to split either claim. Absent any objection, the remark does not raise any factual or legal issues that need to be addressed by the Court. No further proceedings are required to resolve the remarks and the remarks will be removed from the abstract of each claim in this case. Therefore, it is ORDERED that the claims are consolidated into this case. The issue remarks are removed from the claims and this case is CLOSED. Post-decree abstracts of the claims are included with this Order to confirm the removal of the issue remarks in the state’s centralized water right record system. ELECTRONICALLY SIGNED AND DATED BELOW. Service Via USPS Mail: Service Via Electronic Mail: Crazy Not To, LLC P.O. Box 789 Kirkland, WA 98083 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 \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\43BV PD\Cases\43BV-R63\43BV-R63 CO 3.6.24 nr.docx 3 Electronically Signed By: Hon. Judge Stephen R Brown Mon, Mar 11 2024 01:10:12 PM March 8, 2024 43BV 138469-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM SWEET GRASS CREEK BASIN 43BV 43BV 138469-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: CRAZY NOT TO, LLC PO BOX 789 KIRKLAND, WA 98083 Owners: J BAR L RANCHES LLC PO BOX 11925 BOZEMAN, MT 59719-1925 Priority Date: DECEMBER 5, 1906 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: SWEET GRASS CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Twp Rge County SWNWNE 34 4N 15E SWEET GRASS Qtr Sec SWSW Sec 2 Twp 3N Rge 15E County SWEET GRASS 2 W2 11 3N 15E SWEET GRASS 3 SWSE 11 3N 15E SWEET GRASS 1 Period of Diversion: APRIL 15 TO OCTOBER 15 Diversion Means: HEADGATE Ditch Name: ADAM INTAKE CANAL APRIL 15 TO OCTOBER 15 Period of Use: Place of Use: ID 1 Acres Govt Lot March 8, 2024 43BV 30126697 Page 1 of 3 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM SWEET GRASS CREEK BASIN 43BV Water Right Number: 43BV 30126697 Version: STATEMENT OF CLAIM 2 -- POST DECREE ACTIVE Status: Owners: CRAZY NOT TO, LLC PO BOX 789 KIRKLAND, WA 98083 Priority Date: FEBRUARY 3, 1898 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: SOURDOUGH CREEK Source Type: Source Name: Source Type: SURFACE WATER UNNAMED TRIBUTARY OF SOURDOUGH CREEK SURFACE WATER Point of Diversion and Means of Diversion: ID 1 Govt Lot Qtr Sec Sec Twp Rge County E2SE 15 3N 16E SWEET GRASS Source Name: UNNAMED TRIBUTARY OF SOURDOUGH CREEK Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 2 Source Name: NENE 15 16E JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE E2SE 21 3N 16E Source Name: UNNAMED TRIBUTARY OF SOURDOUGH CREEK Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 4 Source Name: SWEET GRASS UNNAMED TRIBUTARY OF SOURDOUGH CREEK Period of Diversion: 3 3N SESE 22 3N 16E UNNAMED TRIBUTARY OF SOURDOUGH CREEK Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE SWEET GRASS SWEET GRASS March 8, 2024 43BV 30126697 5 Source Name: Page 2 of 3 Post Decree Abstract NWSE 22 3N 16E UNNAMED TRIBUTARY OF SOURDOUGH CREEK Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 6 NENE 22 3N 16E Source Name: UNNAMED TRIBUTARY OF SOURDOUGH CREEK Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 7 Source Name: NENW 27 3N 16E JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 8 N2NE 27 3N 16E Source Name: UNNAMED TRIBUTARY OF SOURDOUGH CREEK Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 9 NW 27 Source Name: SOURDOUGH CREEK Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE SESW 22 JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE SWSE 22 Source Name: SOURDOUGH CREEK Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 12 Source Name: NWSE 22 JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE SWNE 22 Source Name: SOURDOUGH CREEK Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 14 Source Name: E2NE 22 3N 16E SWEET GRASS 3N 16E SWEET GRASS 3N 16E SWEET GRASS 3N 16E SWEET GRASS 3N 16E SWEET GRASS 3N 16E SWEET GRASS 3N 16E SWEET GRASS SOURDOUGH CREEK Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 15 Source Name: SWEET GRASS SOURDOUGH CREEK Period of Diversion: 13 SWEET GRASS SOURDOUGH CREEK Period of Diversion: 11 SWEET GRASS UNNAMED TRIBUTARY OF SOURDOUGH CREEK Period of Diversion: 10 Source Name: SWEET GRASS W2SE SOURDOUGH CREEK 28 March 8, 2024 43BV 30126697 Page 3 of 3 Post Decree Abstract Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 16 Source Name: N2NESE 28 3N 16E SWEET GRASS 3N 16E SWEET GRASS SOURDOUGH CREEK Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: LIVESTOCK DIRECT FROM SOURCE 17 SENE 28 Source Name: SOURDOUGH CREEK 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 Qtr Sec E2SE Sec 15 Twp 3N Rge 16E County SWEET GRASS NENE 15 3N 16E SWEET GRASS 3 E2SE 21 3N 16E SWEET GRASS 4 SESE 22 3N 16E SWEET GRASS 5 NWSE 22 3N 16E SWEET GRASS 6 NENE 22 3N 16E SWEET GRASS 7 NENW 27 3N 16E SWEET GRASS 8 N2NE 27 3N 16E SWEET GRASS 9 NW 27 3N 16E SWEET GRASS 10 SESW 22 3N 16E SWEET GRASS 11 SWSE 22 3N 16E SWEET GRASS 12 NWSE 22 3N 16E SWEET GRASS 13 SWNE 22 3N 16E SWEET GRASS 14 E2NE 22 3N 16E SWEET GRASS 15 W2SE 28 3N 16E SWEET GRASS 16 N2NESE 28 3N 16E SWEET GRASS 17 SENE 28 3N 16E SWEET GRASS 2 Acres Govt Lot

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