HomeMy WebLinkAbout05-20-19 Correspondence - T. Cooper to J. Ball - Public Comment, Story Ditch Water Conveyence 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
Samantha Niesen, Prosecutor
May 20, 2019
Jeff Ball
323 S. Wallace
Bozeman, MT 59715
Re: Public Comment re: Story Ditch Water Conveyance
Dear Mr. Ball,
I am writing to formally address your public comment provided at the May 16, 2019 City Commission
meeting regarding the Story Ditch water conveyance.
The City is installing infrastructure to put one of the City's water rights to beneficial use for irrigation of
Sunset Hills Cemetery and Lindley Park. The scope of this project includes installing a replacement point
of diversion on Sourdough Creek as well as permanently disabling the existing diversion infrastructure.
Due to the scope of this project, water will not be diverted into Story Ditch for the entire 2019 season.
The replacement point of diversion will include automated controls. These controls will allow the City to
divert precise amounts of water for each beneficial use associated with the City's water right. Ongoing
management of the City's water right needs to be carefully evaluated to weigh the costs and benefits of
maintaining a water feature in Story Ditch in the future.
At this time, the City is unable to provide confirmation that water will be diverted into Story Ditch after
the 2019 season. All water rights in the Gallatin River Basin are currently being examined as part of the
Montana Water Court adjudication process. The Department of Fish,Wildlife and Parks has formally
objected to all elements of the City's water right historically diverted into Story Ditch, which could result
in changes to elements of the city's water right upon resolution of this process, including; flow rate,
place and purpose of use. Many ditches in the valley, some with amenities similar to the bridges over
Story ditch, no longer convey water due to changes in elements of water rights historically conveyed
through those ditches.
The water right claims owned by Gregory Poncelet, the end ditch user mentioned in your comment, list
an Unnamed Tributary of East Gallatin River as the source. These claims do not represent a Sourdough
Creek water right, nor do they represent a point of diversion located on Sourdough Creek. The City of
Bozeman has no responsibility to operate the point of diversion on Sourdough Creek to meet the needs
of Gregory Poncelet or his tenant, Paul Boylan.
121 North Rouse Avenue P.O,*
:. . •
TDD: 406-582-2301 THE MOST LIVABLE PLACE.
if you have any questions, please contact me at 406-582-2313 or tcooper@bozeman.net.
Sincerely,
add C-Ie-
Tim Cooper
Assistant City Attorney
City of Bozeman
Cc: Andrea Surratt, City Manager
Chuck Winn, Assistant City Manager
Mayor& City Commissioners