rties on the - PDF document

1 rties on the Service List found at the
rties on the Service List found at the end of this 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 concl ude that you agree with the content of this Master’s Report . Rule 23 of the Water Right Adjudication Rules requires written objections to a Master’s Report be filed within 10 days of the date of the Master’s Report. Because this Master’s Report was mailed to you, Rule 6(d) of the Montana Rules of Civil Procedure provides an additional 3 days to the 10 - day objection period. Pl

2 ease review this Report carefully .
ease review this Report carefully . You may file a written objection to this Master’s Report if you disagree or find errors with the Master’s Findings of Fact, Co nclusions of Law, or Recommendations. 43A 191901 - 00 NOTICE OF FILING OF MASTER’S REPORT CLAIMANTS: Laura D. Black; Robert J. Black; Robert E. Lynn; Yova Lynn Case 43A - 0543 - R - IN THE WATER COURT OF THE STATE OF MONTANA YELLOWSTONE DIVISION SHIELDS RIVER BASIN 43A PRELIMINARY DECREE * * * * * * * * * * * * * * * * * * * * 4364 1 - 800 - 624 - 3270 watercourt@mt.gov 1

3 Montana Water Court PO Box 1389 Boze
Montana Water Court PO Box 1389 Bozeman, MT 59771 - 1389 (406) 586 - SERVICE LIST: Senior 1123 Research DrBozeman, MT 59718watercourt@mt.gov Laura D. BlackRobert J. BlackBozeman, MT Robert E. LynnYova LynnBozeman, MT 59715 ATTACHMENTS: Figure 1. Outlined and shaded in blue is the place of use of water right 43A 191901-00 as clarified by Yova Lynn. 4.6 acres in the SENESE of Section 3, Township 1N, Range 7E, Gallatin County. Lynn. The DNRC then compared thMylar. The Mylar and the POU map as specified by Mrs. Lynn alignof use of water right 43A 191901Mylar is 4.6 acreslike to note the water resource survey was conducted in

4 1953, 11 years prior to this water right
1953, 11 years prior to this water right being perfected, thus there is a discrepancy between the 3 Mylar. The DNRC accepts the clarification to acreage irrigated and recommends that the maximum acreage irrigated be adjusted from the claimed 10 acres to the clarified 4.6 acres. See attached redshould readrecommends the remark be removed. FLOW RATE ISSUEFLOW RATE MAY REQUIRE MODIFICATION BASED ON RESOLUTION The flow rate does not need modification based on the resolution of the Place of Use issue remark. 17gallons per minute per acre. SIGNATURES: th by Mary Crable, Water Resource Specialist(406)556Mary.crable@mt.gov Reviewed, signed and dated

5 this th by Kerri Strasheim, Regiona
this th by Kerri Strasheim, Regional Manager PLACE OF USE ISSUETHE GALLATIN COUNTY WATER RESOURCES SURVEY (1953) APPEARS ACRES IS IN THE CLAIM FILE The DNRC spoke with both Yova Lynn and Robert Black. Mr. Black informed the DNRC to confer with Ms. Lynn as she right 43A 191901Mrs. Lynn, the DNRC put together a STATE OF MONTANA DISCUSSION: CLAIM MATERIALS REVIEWED: Claim file 43A 191901 Senior Water Master Water Resource Specialist CLAIMANTLaura D. Black; Robert J. Black; Robert E. Lynn; Yova Lynn INTRODUCTION: On 59715 - 7249 MEMORANDUM DATE: February CASE HEADING:CASE Claim: 2273 BOOT HILL COURT, SUITE 110 FAX: (406) 5

6 87 - 9726 PHONE: (406) 586 - DEP
87 - 9726 PHONE: (406) 586 - DEPARTMENT OF NATURAL RESOURCES 4 A Post Decree Abstract of Water Right Claim is served with the Report to confirm the terms of the claim in the state’s central ized record system. _________________________ Anika M. Stern Senior Water Master Service by USPS Mail : Laura D. Black Robert J. Black 15650 Brackett Creek Rd. Bozeman, MT 59715 - 8234 Robert E. Lynn Yova Lynn 15500 Brackett Creek Rd. Bozeman, MT 59715 - 9611 \ \ JUDGALH2OSRV \ Datavol \ Share \ WC - BASIN FOLDERS \ 43A PD \ Cases

7 \ 43A - R543 \ 43A - 0543 - R - 2021 MR
\ 43A - R543 \ 43A - 0543 - R - 2021 MR 5.5.21 rc.docx 3 the deadline, this Master would conclude the parties agree claim 43A 191901 - 00 should be changed as shown in Finding of Fact No. 3. The following language was included: Failure to comply with the terms of this Order may result in sanctions, up to and including entry of default and termination of a water right claim or dismissal of objections . Rule 22, W.R.Adj.R. Nothing was filed. PRINCIPLES AND CONCLUSIONS OF LAW 1. 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

8 validity may be overcome by evidence s
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. 2. The Water Court must address all issue remarks that appear on a claim. Section 85 - 2 - 248, MCA. 3. Pursuant to Rule 22, W.R.Adj.R., if a claimant, objector, or intervenor fails to appear at a scheduled conference or hearing or fails to comply with an order issued by the Water Court, the Water Court may issue such orders of sanction with rega

9 rd thereto as are just. 4. T
rd thereto as are just. 4. The point of diversion issue remark appearing on claim 43A 191901 - 00 is a notice - type remark. As no objections were filed, no further proceedings are required. RECOM MENDATION 1. Claim 43A 191901 - 00 should be changed as shown in Finding of Fact No. 4. 2. The issue remarks should be removed from claim 43A 191901 - 0 0. 2 MASTER’S REPORT FINDINGS OF FACT 1. Claim 43A 191901 - 00 was decreed with the following DNRC issue remarks: THE GALLATIN COUNTY WATER RESOURCES SURVEY ( 1953 ) APPEARS TO INDICATE 3.00 ACRES IRRIGATED. A DESCRIPTION OF THESE ACRES IS IN THE C

10 LAIM FILE. FLOW RATE MAY REQUIRE MOD
LAIM FILE. FLOW RATE MAY REQUIRE MODIFICATION BASED ON RESOLUTION OF MAXIMUM ACRES ISSUE . POINT OF DIVERSION WAS 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. . 2. The Claimants were ordered to meet with the DNRC to address the acres irrigated/place of use and flow rate issue remark s appearing on the claim. 3. On February 10, 2021, DNRC Water Resource Specialist Mary Crable filed a Memorandum stating she discus sed the issue remarks

11 with Robert Black and Yova Lynn. Ms. C
with Robert Black and Yova Lynn. Ms. Crable reported that Robert Black deferred to Yova Lynn . Ms. Crable pointed out that the place of use issue remark was placed on the claim erroneously because it pre - dated the priority date of th e claim. Nevertheless, b ased on her discussion with Mr. Lynn, Ms. Crable recommended the following change be made to claim 43A 191901 - 00 reflecting the historical use of the claim: A copy of the Memorandum, and attached map, is enclosed. 4. To d etermine if the Claimants agreed with Ms. Crable’s recommendation, an Order Setting Filing Deadline was issued. The Order indicated if nothing wa