HomeMy WebLinkAbout20200910_Cottonwood PH1 DNRC well approval1
Ron Isackson
From:Strasheim, Kerri <kstrasheim@mt.gov>
Sent:Thursday, September 10, 2020 10:32 AM
To:Ron Isackson
Cc:Zack Graham; Brian Heaston
Subject:RE: Cottonwood Subdivision - Well Location Map Approval
Ron –
Thank you for the opportunity to review your subdivision. As your three planned irrigation wells are all
more than 1,320 feet apart, each of those three wells can provide water use up to 10 acre-feet
(AF). This allows for up to 30 AF for irrigation within the subdivision, as long as the water from the
wells is not comingled in piping (physical manifold). All other use will be provided by the City of Bozeman,
and the City is responsible for operating within their existing water rights.
Also, please make sure water right planning is in place for the surface water stock and irrigation rights
that are appurtenant to this property (41H 153957-00, 41H 153958-00, 41H 153959-00, and 41H
153960-00).
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.
Have a good day,
Kerri
2
___________________
Kerri Strasheim
Regional Manager – Gallatin, Madison, and Park Counties
MT DNRC Water Resources
2273 Boot Hill Court, Suite 110
Bozeman, MT 59715
Ph: 406-556-4504
From: Ron Isackson [mailto:RonIsackson@cushingterrell.com]
Sent: Wednesday, September 02, 2020 11:26 AM
To: Strasheim, Kerri <kstrasheim@mt.gov>
Cc: Zack Graham <ZackGraham@cushingterrell.com>
Subject: [EXTERNAL] Cottonwood Subdivision - Well Location Map Approval
Hi Kerri,
Attached for your review and approval is the subdivision well location plan and plat drawings. Cottonwood Subdivision
will be within the City of Bozeman limits. As we discussed, we are going to need this expedited as we are assisting the
owner with the City final plat approvals.
In general, Cottonwood Subdivision is planned to consist of parcels planned for multi-family developments. In addition,
there are parcels set aside to meet City requirements for Open Space and Parks. The well location map shows three
proposed wells with a minimum spacing of 1320 feet. The wells will be connected to a subdivision irrigation system(s).
Please let us know if you will require any additional information.
Thank you,
Ron
Ron Isackson PE, PEng
Civil Engineer
406.922.7107 | cushingterrell.com [cushingterrell.com]
Cushing Terrell [cushingterrell.com] is an affiliate of CTA