WATER: Ranch successors’ rights apportioned 70/30 based on 1909 decree… McFadden/McElyea affirmed.

James & Linda Quigley and Richard Beck own ranches in the Blackfoot River Basin which John Blair once owned as Finn Ranch. Geary (Powell Co. 1909) decreed 4 rights for irrigation from Nevada Creek to Blair. The ranch was split and sold in 1912. No deed transfer has reserved specific rights. Quigleys’ and Beck’s predecessors each filed 4 Nevada Creek claims based on Geary. During its preparation for the Blackfoot River Basin Temporary Preliminary Decree, DNRC noted that the 8 claims were based on the same 4 rights and that each party was claiming the entirety, exceeding total appropriations, and attached a “decree extended” issue remark to the 8 claims. The parties filed objections. Following a trial and site visit, Water Master Hugh McFadden concluded that both Quigleys and Beck were successors to a portion of Blair’s Nevada Creek rights and split the flow rates based on historic acres irrigated pursuant to the Spaeth (Mont. 1963) formula, resulting in 70% to Beck and 30% to Quigleys. Judge McElyea largely adopted the report. Quigleys appeal.

McElyea and McFadden correctly interpreted Geary in the context of the facts and law. Blair’s answer, amended answer, and pleadings do not control the place of use of the rights decreed to him, and therefore Geary does not prevent the Nevada Creek rights from being made appurtenant to Beck’s lands.

McFadden did not clearly err in his findings and properly applied the Spaeth formula to divide the water rights, and McElyea correctly applied the clear error analysis to McFadden’s findings. Inter alia, McElyea concluded that Quigley failed to prove that the formula should be adjusted to allocate flow rates differently based on soil differences.

Baker, McGrath, Wheat, Sandefur, Rice.

Quigley and Beck, Objectors, DA 16-629, 11/14/17.

Ryan Mattick (Moore, O’Connell & Refling), Bozeman, for Quigleys; John Bloomquist (Bloomquist Law Firm), Helena, for Beck.