J Bar L Ranches, LLC J Bar L Ranches, LLC

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FILED 03/04/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: Julia __________________ Romero 43BV-0354-R-2023 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 (406) 586-4364 watercourt@mt.gov Stern, Anika 6.00 IN THE WATER COURT OF THE STATE OF MONTANA YELLOWSTONE DIVISION SWEET GRASS - BASIN (43BV) ************************* CLAIMANT: J Bar L Ranches, LLC OBJECTOR: J Bar L Ranches, LLC NOTICE OF INTENT TO APPEAR: United States of America (Bureau of Reclamation) CASE 43BV-0354-R-2023 43BV 127348-00 43BV 127359-00 43BV 127360-00 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. MASTER’S REPORT FINDINGS OF FACT 1. J Bar L Ranches, LLC (J Bar L) is the record owner of claims 43BV 127348-00, 43BV 127359-00, and 43BV 127360-00. 1 2. Claim 43BV 127348-00 was decreed with a DNRC issue remark: POINT OF OIVERSION AND DITCH NAME 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. 3. J Bar L objected to claims 43BV 127348-00, 43BV 127359-00, and 43BV 127360-00. The United States of America (Bureau of Reclamation) filed Notices of Intent to Appear for each of claims 43BV 127348-00, 43BV 127359-00, and 43BV 127360-00. 4. Claim 43BV 127348-00 was decreed with the following points of diversion Point of Divenion and Means of Diversion: ID Gort Lot Ok SK Sec NWSWSW 27 4N 15E SWEET GRASS 34 4N 15E SWEET GRASS Period of Diversion: APRIL 15 TO OCTOBER 15 Divenion Means: HEADGATE Ditch Name: LOWERY DITCH Period of Divenion: APRIL 15 TO OCTOBER 15 Divenion Means: HForir ATE Ditch Name: ADAM INTAKE CANAL SWNWNE and places of use: Place of Use: ID Ann 1 17.00 Govt Lot S2SE Sec 2 22.00 3 142.00 4 Conn 27 4N 15E SWEET GRASS N2NE 34 4N 15E SWEET GRASS N2 35 4N 15E SWEET GRASS 44.00 SE 35 4N 15E SWEET GRASS 5 31.00 SW 36 4N 15E SWEET GRASS 6 4.00 E2SWSE 36 4N 15E SWEET GRASS 7 24.00 NW 1 3N 15E SWEET GRASS 8 70.00 NE 1 3N 15E SWEET GRASS SW 1 17.00 Total: 3N 15E SWEET GRASS 371.00 The November 19, 2021 Objection states: 13NR.0 issue remarks indicate the points ofdiwnion rmy be incorrect. The place ofuse may need b be corrected based al changes a points ofdiversion. These a ai additional point ofdiversion for this claim in. the NWSESW ofSection 36, T4N, RI 5E No evidence or map supporting the historical beneficial use of the claim as described by the issue remark was included with the Objection. 5. Claims 43BV 127359-00 and 43BV 127360-00 were decreed with a point of diversion in the following legal land description: 2 Point of Diveniou aud Means of Divertion: jp Gorr I ot 1 Qt les Ism Szt Lania NWNWSE 23 4N 14E SWEET GRASS Period of Diversion: APRIL 15 TO OCTOBER 15 Diversiou Means: HEADGATE Ditch Name: DRIVDAJ-IL DITCH The November 19, 2021 Objections to both claims state: The point of diversiat should be decreed consistent with all other water rights ai the Drivdahl Ditch, namely 43BV 127359-00, 43BV 127360-00, 438V 116573-00, 438V 116576-00, 43BV 30122576, and 43BV 30122577. No evidence or map supporting the historical beneficial use of the claims as described was included with the Objections. 6. On January 10, 2024, J Bar L filed its Motion to Modify Point of Diversion in Preliminary Decree of Water Right 43B 127348-00. (Doc. 12.00). The Motion requested an Order modifying claim 43BV 127348-00 by adding an additional point of diversion, reflecting the Crum Ditch in the NWSESW of Section 36, Township 4 North, Range 15 East, consistent with historical use. J Bar L explains that the 4.00 acre parcel described by place of use ID no. 6 can only be irrigated by the Crum Ditch. Additionally, Crum Ditch is accurately reflected on the rights supplemental to claim 43BV 127348-00. 7. On January 10, 2024, J Bar L withdrew its Objections to claims 43BV 127359-00 and 43BV 127360-00. (Doc. 3.00). 8. On February 21, 2024, the Bureau of Reclamation filed a Statement in response to the January 10, 2024 filings. (Doc. 4.00). The Bureau of Reclamation indicated it “has reviewed Claimant’s Motion and Notice, and if they are implemented, the United States’ NOIA concerns are resolved.” 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 and notices of intent the claim receives. Sections 85-2-233, 852-247, and 85-2-248, MCA. 1 “Doc.” numerical references correlate to case file docket numbers in the Water Court’s Full Court case management system. 3 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. Statement of Claim 43BV 127348-00 reflected Crum Ditch in the NWSESW of Section 36, Township 4 North, Range 15 East. During reexamination of claim 43BV 127348-00, the DNRC added an issue remark indicating modifications were made to the point of diversion and ditch name, the DNRC removed Crum Ditch and added Lowery Ditch and Adam Intake Canal. The addition of the Lowery Ditch and Adam Intake Canal were substantiated on the DNRC’s reexamination worksheet; removal of the Crum Ditch was not substantiated on the DNRC’s reexamination worksheet and the DNRC did not overcome the prima facie validity of the Statement of Claim as to the Crum Ditch. RECOMMENDATIONS 1. Claim 43BV 127348-00 should be modified by adding a third point of diversion, for Crum Ditch: 3 NWSESW 36 4N Period of Diversion: AFRIL 15 TO OCTOBER 15 Diversion Means: HEADGATE Ditch Name: CRUM DITCH 15E SWEET GRASS Additionally, the issue remark should be removed from claim 43BV 127348-00. 2. The Notices of Intent to Appear should be dismissed, as the modifications proposed for claim 43BV 127348-00 have been implemented and the Objections to claims 43BV 127359-00 and 43BV 127360-00 have been withdrawn. Post Decree Abstracts of Water Right Claims are served with the Report for review. ELECTRONICALLY SIGNED AND DATED BELOW. 4 Electronically Signed By: Hon. Judge Anika Stern Mon, Mar 04 2024 11:54:20 AM Service Via Electronic Mail: Michael J.L. Cusick, Esq. Cusick, Farve, Mattick & Refling, P.C. P.O. Box 1288 Bozeman, MT 59771-1288 (406) 587-5511 (406) 587-9079 fax office@cmrlawmt.com Mark J. Widerschein United States Department of Justice ENRD NRS PO Box 7611 Washington, DC 20044-7611 202-532-5803 Mark.Widerschein@Usdoj.Gov Montanabasins.ENRD@USDOJ.GOV \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\43BV PD\Cases\43BV-R354\43BV-0354-R-2023 MR 2.23.24 rc.docx 5 February 27, 2024 43BV 127348-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM SWEET GRASS CREEK BASIN 43BV 43BV 127348-00 Water Right Number: Version: STATEMENT OF CLAIM 3 -- POST DECREE ACTIVE Status: Owners: J BAR L RANCHES LLC PO BOX 11925 BOZEMAN, MT 59719-1925 Priority Date: APRIL 1, 1883 Type of Historical Right: DECREED Purpose (Use): IRRIGATION FLOOD Irrigation Type: Flow Rate: 5.00 CFS Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 2 - MODERATELY HIGH Climatic Area: Maximum Acres: 371.00 Source Name: SWEET GRASS CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Qtr Sec Sec Twp Rge County NWSWSW 27 4N 15E SWEET GRASS 34 4N 15E SWEET GRASS 36 4N 15E SWEET GRASS Qtr Sec S2SE Sec 27 Twp 4N Rge 15E County SWEET GRASS Period of Diversion: APRIL 15 TO OCTOBER 15 Diversion Means: HEADGATE Ditch Name: LOWERY DITCH 2 SWNWNE Period of Diversion: APRIL 15 TO OCTOBER 15 Diversion Means: HEADGATE Ditch Name: ADAM INTAKE CANAL 3 Period of Diversion: NWSESW APRIL 15 TO OCTOBER 15 Diversion Means: HEADGATE Ditch Name: CRUM DITCH APRIL 15 TO OCTOBER 15 Period of Use: Place of Use: ID 1 Acres 17.00 Govt Lot 2 22.00 N2NE 34 4N 15E SWEET GRASS 3 142.00 N2 35 4N 15E SWEET GRASS February 27, 2024 43BV 127348-00 Page 2 of 2 Post Decree Abstract 4 44.00 SE 35 4N 15E SWEET GRASS 5 6 31.00 SW 36 4N 15E SWEET GRASS 4.00 E2SWSE 36 4N 15E SWEET GRASS 7 24.00 NW 1 3N 15E SWEET GRASS 8 70.00 NE 1 3N 15E SWEET GRASS 9 17.00 SW 1 3N 15E SWEET GRASS Total: 371.00 Remarks: THE WATER RIGHTS FOLLOWING THIS STATEMENT ARE SUPPLEMENTAL WHICH MEANS THE RIGHTS HAVE OVERLAPPING PLACES OF USE. THE RIGHTS CAN BE COMBINED TO IRRIGATE ONLY OVERLAPPING PARCELS. EACH RIGHT IS LIMITED TO THE FLOW RATE AND PLACE OF USE OF THAT INDIVIDUAL RIGHT. THE SUM TOTAL VOLUME OF THESE WATER RIGHTS SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 127346-00 127347-00 127352-00 127362-00 127348-00 127349-00 127350-00 127351-00 February 27, 2024 43BV 127359-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM SWEET GRASS CREEK BASIN 43BV 43BV 127359-00 Water Right Number: Version: STATEMENT OF CLAIM 6 -- POST DECREE Status: ACTIVE Owners: J BAR L RANCHES LLC PO BOX 11925 BOZEMAN, MT 59719-1925 Priority Date: JULY 1, 1912 Type of Historical Right: DECREED Purpose (Use): IRRIGATION FLOOD Irrigation Type: 5.00 CFS Flow Rate: THE FLOW RATE OF THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT CANNOT EXCEED THE HISTORICAL FLOW RATE OF 5.00 CFS 127359-00 30122576 THE FOLLOWING CLAIMS ARE SUBJECT TO A FLOW RATE AGREEMENT ON FILE WITH THE MONTANA WATER COURT 127359-00 127360-00 30122576 30122577 THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. Volume: 2 - MODERATELY HIGH Climatic Area: Maximum Acres: 294.00 Source Name: SWEET GRASS CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Period of Diversion: Qtr Sec Sec Twp Rge County NWNWSE 23 4N 14E SWEET GRASS Qtr Sec NW Sec 34 Twp 4N Rge 15E County SWEET GRASS APRIL 15 TO OCTOBER 15 Diversion Means: HEADGATE Ditch Name: DRIVDAHL DITCH APRIL 15 TO OCTOBER 15 Period of Use: Place of Use: ID 1 Acres 29.00 2 44.00 NE 34 4N 15E SWEET GRASS 3 36.00 SE 34 4N 15E SWEET GRASS 4 6.00 NW 35 4N 15E SWEET GRASS 5 150.00 SW 35 4N 15E SWEET GRASS 6 29.00 SE 35 4N 15E SWEET GRASS Total: 294.00 Govt Lot February 27, 2024 43BV 127359-00 Page 2 of 2 Post Decree Abstract Remarks: THE WATER RIGHTS FOLLOWING THIS STATEMENT ARE SUPPLEMENTAL WHICH MEANS THE RIGHTS HAVE OVERLAPPING PLACES OF USE. THE RIGHTS CAN BE COMBINED TO IRRIGATE ONLY OVERLAPPING PARCELS. EACH RIGHT IS LIMITED TO THE FLOW RATE AND PLACE OF USE OF THAT INDIVIDUAL RIGHT. THE SUM TOTAL VOLUME OF THESE WATER RIGHTS SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 127359-00 127360-00 SPLIT CLAIM NO. 43BV 30122576 WAS AUTHORIZED AND GENERATED BASED ON INFORMATION IN THIS CLAIM. February 27, 2024 43BV 127360-00 Page 1 of 2 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM SWEET GRASS CREEK BASIN 43BV 43BV 127360-00 Water Right Number: Version: STATEMENT OF CLAIM 6 -- POST DECREE Status: ACTIVE Owners: J BAR L RANCHES LLC PO BOX 11925 BOZEMAN, MT 59719-1925 Priority Date: JUNE 29, 1973 Type of Historical Right: DECREED Purpose (Use): IRRIGATION FLOOD Irrigation Type: 7.19 CFS Flow Rate: THE FLOW RATE OF THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT CANNOT EXCEED THE HISTORICAL FLOW RATE OF 7.19 CFS 127360-00 30122576 THE FOLLOWING CLAIMS ARE SUBJECT TO A FLOW RATE AGREEMENT ON FILE WITH THE MONTANA WATER COURT 127359-00 127360-00 30122576 30122577 THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. Volume: 2 - MODERATELY HIGH Climatic Area: Maximum Acres: 294.00 Source Name: SWEET GRASS CREEK SURFACE WATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Period of Diversion: Qtr Sec Sec Twp Rge County NWNWSE 23 4N 14E SWEET GRASS Qtr Sec NW Sec 34 Twp 4N Rge 15E County SWEET GRASS APRIL 15 TO OCTOBER 15 Diversion Means: HEADGATE Ditch Name: DRIVDAHL DITCH APRIL 15 TO OCTOBER 15 Period of Use: Place of Use: ID 1 Acres 29.00 2 44.00 NE 34 4N 15E SWEET GRASS 3 36.00 SE 34 4N 15E SWEET GRASS 4 6.00 NW 35 4N 15E SWEET GRASS 5 150.00 SW 35 4N 15E SWEET GRASS 6 29.00 SE 35 4N 15E SWEET GRASS Total: 294.00 Govt Lot February 27, 2024 43BV 127360-00 Page 2 of 2 Post Decree Abstract Remarks: THE WATER RIGHTS FOLLOWING THIS STATEMENT ARE SUPPLEMENTAL WHICH MEANS THE RIGHTS HAVE OVERLAPPING PLACES OF USE. THE RIGHTS CAN BE COMBINED TO IRRIGATE ONLY OVERLAPPING PARCELS. EACH RIGHT IS LIMITED TO THE FLOW RATE AND PLACE OF USE OF THAT INDIVIDUAL RIGHT. THE SUM TOTAL VOLUME OF THESE WATER RIGHTS SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 127359-00 127360-00 SPLIT CLAIM NO. 43BV 30122577 WAS AUTHORIZED AND GENERATED BASED ON INFORMATION IN THIS CLAIM.

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