HomeMy WebLinkAboutAppendix H Agency letters Water right letter 1-24-191
Erik Nelson
From:Strasheim, Kerri <kstrasheim@mt.gov>
Sent:Friday, October 26, 2018 6:04 PM
To:Erik Nelson
Cc:Brian Heaston
Subject:RE: irrigation well - Cottonwood and Ida
Erik –
Thank you for the opportunity to provide comments on the irrigation plans for the 605 E. Cottonwood
Project in the City of Bozeman. Groundwater use is specified as lawn and garden irrigation up to 1.25
acre-feet (AF) per year. The rest of the water use will be provided by the City of Bozeman. Since
these two lots are becoming one project, the project will fall under the 1987 rule, limiting the entire
project to 10 AF of groundwater use. Proposed groundwater use does not exceed 10 AF. No water right
permitting is required. Each well used cannot exceed a flow rate of 35 gallons per minute (GPM).
Regarding the well log provided, that well log is for the property at 305 N. Church, still owned by the
Edgerlys (GWIC ID 199860). I could not find an obvious well log or water right for the property being
developed.
Standard language:
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 communication does not serve as a pre‐approval for a water right.
Thank you,
Kerri
___________________
Kerri Strasheim
2
Regional Manager – Gallatin, Madison, and Park Counties
MT DNRC Water Resources
2273 Boot Hill Court, Suite 110
Bozeman, MT 59715
Ph: 406-556-4504
Fax: 406-587-9726
kstrasheim@mt.gov
From: Erik Nelson <erik@thinktankarchitects.com>
Sent: Monday, October 01, 2018 10:25 AM
To: Strasheim, Kerri <kstrasheim@mt.gov>
Subject: irrigation well ‐ Cottonwood and Ida
Greetings Kerri,
I spoke with one of your team members the other day regarding an existing well on a city lot in Bozeman that we would
like to use for our projects domestic irrigation needs. They recommended that I send you an email with the information
– however upon reading the inquiry instruction it appears that I will also need to send a copy via mail to your office.
Could you please take a look at the outline of information below and provide some advice – to move forward on.
Per the inquiry –
The location of the project is in the City of Bozeman 605 E Cottonwood – see attached existing conditions site map
Attached is the existing well log data from the well located on site that we intend to use for landscape irrigation. The
copy I have has the well log ID # cut out hoping you can track it.
The project is a mixed use project offering commercial space (30,000 sf) and residential units (90 with 20% affordable)
on roughly 2 acres. We intend to landscape above a podium over a parking garage as well on the remaining openspaces.
Attached are the landscape plans for the project with building footprints as well as landscape materials and planting
strategies provided by the landscape architect.
The flow rate required for the project provided by the landscape architect is:
Estimated Flow Rate: 64.5 AF @ 60 PSI static pressure
Purpose: Lawn & Garden
Estimated volume: 0.5 acres of planting area = 1.25 AF/season (Per form 615 from Montana DNRC )
We would like to include your approval for the use of the well in our submittals to the City‐ please advise on the steps
needed and any additional information you may require to complete this.
Thanks for your time.
Regards,
Erik