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HomeMy WebLinkAbout05-20-19 Correspondence - T. Cooper to G. Poncelet - Story Ditch and Sourdough Creek Point of Diversion Greg Sullivan, City Attorney Tim Cooper, Assistant City Attorney City Attorney's Office Karen Stambaugh, Assistant City Attorney Bekki McLean, Chief Prosecutor Kyla Murray, Prosecutor Edward Hirsch, Prosecutor May 20, 2019 Samantha Niesen, Prosecutor Gregory R. Poncelet 209 Cedar St. Bozeman, MT 59715-2446 Re:Story Ditch and Sourdough Creek Point of Diversion Dear Mr. Poncelet, I am writing to inform you that the diversion on Sourdough Creek located near Peets Hill, which the city has historically operated to convey water into Story Ditch, will not be in operation this year due to construction of a new point of diversion. Water will not be diverted into Story Ditch for the 2019 season. The city is installing infrastructure to put the city's right under Claim 41H 99632 00 to beneficial use for irrigation of Sunset Hills Cemetery and Lindley Park. The scope of this project includes installing a new replacement point of diversion on Sourdough Creek, which will be located approximately 300 feet upstream from the existing point of diversion, as well as permanently disabling the existing diversion infrastructure. The city has no responsibility to operate the point of diversion on Sourdough Creek to divert water for claims that you own (Claims 41H 136798 00 and 41H 136799 00). The source listed on these claims is an Unnamed Tributary of East Gallatin River. These claims do not represent a Sourdough Creek water right. Also, the Department of Fish, Wildlife & Parks formally objects to diverting of Sourdough water into Story ditch for irrigation purposes. You are hereby put on notice that the city will take action, including pursuing appropriate legal remedies, should attempts be made by you or others to divert water into Story Ditch without a legal water right. I encourage you to inform your tenant that water will not be diverted into Story Ditch for the 2019 season and to make other arrangements to provide water for his horses. If you have any questions, please contact me at 406-582-2309 or tcooper@bozeman.net. Sincerely, Tim Cooper Assistant City Attorney City of Bozeman Cc: Paul Boylan; Chuck Winn P.• Box 1231 © 121 North Rouse :• 1 • i O 416 : 1• ® 416 : 1 www.,bozemon.net TDD: 406-582-2301 THE MOST LIVABLE PLACE.