HomeMy WebLinkAbout08_DNRC Letter_03-31-2020 DEPARTMENT OF NATURAL RESOURCES
AND CONSERVATION
THEBozeman Water Resources Office
Off_ 3T9
STEVE BULLOCK,GOVERNOR
STATE OF MONTANA
PHONE:(406)586-3136 2273 BOOT HELL COURT,SUITE 110
FAX:(406)587-9726 BOZEMAN, MONTANA 59715-7249
1 �
June 9, 2017
Stahly Engineering&Associates, Inc.
Attn: Jeff Stoner, P.E.
851 Bridger Dr., Suite 1
Bozeman, MT 59715
Re: Cannery District, City of Bozeman, Gallatin County
Dear Jeff Stoner:
Per the information provided in your email received on May 11, 2017, no water right permitting
is required. The proposed groundwater use is for lawn and garden use. One existing water
right is for 2.07 acres up to 3.31 AF (41H 30105319) for Common Open Space Lot 1. The
proposed use for Lot 2 is 0.79 acres up to 1.97 AF. The proposed use for Lot 3 is 1.04 acres up
to 2.61 AF. The proposed use for Lot 4 is 0.62 acres up to 1.55 AF. This total use of 9.44 AF is
below 10 AF, so no water right permitting is required. This development appears to fall under
the 1987 rule for combined appropriations. The wells cannot exceed a diversion rate of 35
gallons per minute (GPM) each. No water right permitting is required ahead of time.
In Clark Fork Coalition, et. al. v. DNRC, et. al., 2016 MT 229, 384 Mont. 503, 380 P.3d 771, the
Montana Supreme Court concluded that the definition of"combined appropriation" in Admin.
R. Mont. 36.12.101(13) was invalid. The Court reinstated the Department's 1987 Rule defining
"combined appropriation" as: "An appropriation of water from the same source aquifer by
means of two or more groundwater developments, the purpose of which, in the department's
judgment, could have been accomplished by a single appropriation. Groundwater
developments need not be physically connected nor have a common distribution system to be
considered a "combined appropriation." They can be separate developed springs or wells to
separate parts of a project or development. Such wells and springs need not be developed
simultaneously. They can be developed gradually or in increments. The amount of water
appropriated from the entire project or development from these groundwater developments in
the same source aquifer is the "combined appropriation."
Under this Rule, the Department interprets subdivisions that are pending before the
Department of Environmental Quality for approval on October 17, 2014 or filed after that date
to be a single project that can be accomplished by a single appropriation. Consequently all
wells in such a subdivision will be considered a "combined appropriation" for the purposes of
Mont. Code Ann. 85-2-306. The only exception to this interpretation is that a subdivision which
has received preliminary plat approval prior to October 17, 2014 will not be considered a
project under the "combined appropriation" 1987 Rule; individual lots will still be evaluated
under the 1987 Rule at the time of an application to the Department. 2015 Mont. Laws § 1, Ch.
221.
This letter does not serve as a pre-approval for a water right.
Thank you,
1-- _ Fl�
Kerri Strasheim
Regional Manager
cc: DEQ(Leata English, via email)
Denise Moldroski
Lain Leoniak