Michael E. Ervin

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FILED 01/09/2024 Sara Calkins CLERK Montana Water Court STATE OF MONTANA By: D'Ann __________________ CIGLER 43Q-6007-A-2023 Montana Water Court PO Box 1389 Bozeman, MT 59771-1389 1-800-624-3270 (406) 586-4364 watercourt@mt.gov Ostrem, Eyvind 3.00 IN THE WATER COURT OF THE STATE OF MONTANA YELLOWSTONE DIVISION YELLOWSTONE RIVER BETWEEN THE CLARKS FORK YELLOWSTONE AND BIGHORN RIVERS BASIN (43Q) ******************** CASE 43Q-6007-A-2023 43Q 114753-00 CLAIMANT: Michael E. Ervin 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 to be added to the 10-day 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 Water right claim 43Q 114753-00 is a claim to a domestic well filed by Michael Ervin on January 20, 1982. On August 25, 2023, Michael and Gloria Ervin filed a Verified Motion to Amend the water right. The Motion seeks to correct the description of the well so that it identifies the well on property owned by Michael Ervin, not adjacent property owned by William Reiter. 1 The Court informed Mr. Reiter of the Ervins’ motion and ordered Mr. Reiter to inform the Court if he opposes the Ervins’ motion. Doc. 2.00. 1 Mr. Reiter did not file anything or otherwise contact the Court by the deadline. The Ervins’ Motion is supported by an aerial photo showing the location of the house served by the well. FINDINGS OF FACT 1. The point of diversion and place of use of claim 43Q 114753-00 should be corrected as follows: ID 1 Acres Govt Lot Qtr Sec SESENE SWSWNE Sec 21 Twp 2N Rge 27E County Yellowstone PRINCIPLES OF LAW 1. A properly filed claim of an existing right or an amended claim of existing right is prima facie proof of its content. § 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. Rule 19, W.R.Adj.R. CONCLUSIONS OF LAW 1. The Findings of Fact above are supported by a preponderance of the evidence. RECOMMENDATIONS Based on the foregoing Findings of Fact and Conclusions of Law, this Master recommends that the Court modify the claim as described above. A Post Decree Abstract of Water Right Claim reflecting the recommended changes is attached to this Report for review. ELECTRONICALLY SIGNED AND DATED BELOW. “Doc” refers to the docket number of the document in the Water Court’s Full Court Enterprise case management system. Electronically Signed By: Hon. Judge Eyvind Ostrem 2 Tue, Jan 09 2024 11:44:52 AM 1 Service via USPS Mail Michael E Ervin 4411 Chicago Rd Billings, MT 59105 Copy William E Reiter 4619 Chicago R Billings, MT 59105-5012 \\JUDHLNSRV-DATA\Share\JUDGALH2OSRV (Datavol)\Share\WC-BASIN FOLDERS\43Q\CASES\43Q-6007-A-2023\EO 43Q-6007 MR (MTA POD POU) 1.2.24 VH.docx 3 January 3, 2024 43Q 114753-00 Page 1 of 1 Post Decree Abstract POST DECREE ABSTRACT OF WATER RIGHT CLAIM YELLOWSTONE RIVER, BETWEEN CLARKS FORK YELLOWSTONE & BIGHORN RIVER BASIN 43Q 43Q 114753-00 Water Right Number: Version: STATEMENT OF CLAIM 2 -- POST DECREE ACTIVE Status: Owners: MICHAEL E ERVIN 4411 CHICAGO RD BILLINGS, MT 59105-5013 Priority Date: DECEMBER 31, 1945 Type of Historical Right: USE Purpose (Use): DOMESTIC Flow Rate: 20.00 GPM Volume: 1.50 AC-FT 1 Households: Maximum Acres: 0.25 Source Name: GROUNDWATER GROUNDWATER Source Type: Point of Diversion and Means of Diversion: ID Govt Lot 1 Period of Diversion: Qtr Sec Sec Twp Rge County SWSWNE 21 2N 27E YELLOWSTONE Sec 21 Twp 2N Rge 27E County YELLOWSTONE JANUARY 1 TO DECEMBER 31 WELL Diversion Means: JANUARY 1 TO DECEMBER 31 Period of Use: Place of Use: ID 1 Acres 0.25 Total: Govt Lot Qtr Sec SWSWNE 0.25 Remarks: THE FOLLOWING ELEMENTS WERE AMENDED BY THE CLAIMANT ON 07/12/91: MAXIMUM ACRES, FLOW RATE, VOLUME. STARTING IN 2008, PERIOD OF DIVERSION WAS ADDED TO MOST CLAIM ABSTRACTS, INCLUDING THIS ONE. Service Layer Credits: Montana State Library Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community

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