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1864-09-01-AUTHORIZATION TO CHANGE APPROPRIATION WATER RIGHT
44C74444447C+o444�'�j'2, , FORM NO.620 R10/87 TriE STATE OF MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION 1520 E.6TH AVE. HELENA,MONTANA 59620-2301 Q O@O t. PUV6 Authorization To Change Appropriation Water Right PURSUANT TO SECTION 85-2-402, MCA, THE APPLICATION FOR CHANGE OF APPROPRIATION WATER RIGHT NO. 41H-G(W)140882-00 SUBMITTED ON JUNE 27, 1991 BY: CITY OF BOZEMAN PO BOX 640 BOZEMAN MT 59771-0640 IS HEREBY APPROVED SUBJECT TO THE FOLLOWING AUTHORIZATION: WATER RIGHT: STATEMENT OF CLAIM NUMBER: 41H-W140882-00 PRIORITY DATE: SEPTEMBER 1, 1864 NUMBER: 41H-W140883-00 PRIORITY DATE: MAY 1, 1881 SOURCE: LYMAN CREEK POINT OF DIVERSION: SW, SEC, 28, T01S, R06E, GALLATIN CO. USE: MUNICIPAL **CHANGE APPROVED: THE DEPARTMENT HEREBY AUTHORIZES THE CHANGE OF THE WATER RIGHT AS FOLLOWS: TO CHANGE THE POINT OF DIVERSION. NEW ADDITIONAL POINT OF DIVERSION: (TWO POINTS IN) GOVERNMENT LOT 9 S2NESE, SEC. 21, T01S, R06E, GALLATIN CO. GOVERNMENT LOT 1 NWNENE, SEC, 28, T01S, R06E, GALLATIN CO. ** FURTHER INFORMATION: THE DIVERSIONS IN SEC. 28 ARE USED FOR EMERGENCY/BACKUP, THE MAIN DIVERSIONS ARE TWO SUBSURFACE SPRING BOXES IN SEC. 21.. ** REQUIREMENTS FOR CHANGE HOLDER: THE DEADLINE FOR COMPLETION OF THE AUTHORIZED CHANGE AS SPECIFIED IN THIS AUTHORIZATION, AND FILING OF THE NOTICE OF COMPLETION OF CHANGE OF APPROPRIATION WATER RIGHT (FORM 618) SHALL BE NOVEMBER 30 1993. ** CONDITIONAL APPROVAL: THE APPROVAL OF THIS CHANGE IS NOT TO BE CONSTRUED AS RECOGNITION BY THE DEPARTMENT OF THE WATER RIGHTS INVOLVED. ALL WATER RIGHTS ARE SUBJECT TO POSSIBLE MODIFICATION UNDER THE PROCEEDINGS PURSUANT TO TITLE 85, CHAPTER 2, PART 2, MCA, AND 85-2-404, MCA. FAILURE TO COMPLY WITH ANY TERMS AND CONDITIONS HEREIN MAY RESULT IN THE LOSS OF THE AUTHORIZATION TO CHANGE HEREBY GRANTED. 11 22 91 WITNESS WATER RES006ES DIVISION DATE ��BO '`► THE CITY OF BOZEMAN 411 E. MAIN ST. P.O. BOX 640 PHONE (406) 586-3321 BOZEMAN. MONTANA 59715-0640 r9r�N C0.00 y November 2, 1984 TO: James E. Wysocki, City Manager FROM: Richard C. Holmes, Director of Public Service RE: Lyman Reservoir Chlorination We have received two estimates for adding additional chlorine at the outlet of the reservoir. One is for $4, 195 to install two meter panels, diffusers, fittings, etc. This would be a manually controlled system and require an employee to make adjustments at the reservoir each time a booster pump is turned on. The other is the same as the above plus electric valves and telemetry for automatic operation and would cost $9, 655. When preparing the estimates, Bill Haldqne (Treatment Equip- ment Enterprises) visited with the State Water Quality Bureau and was informed that to eliminate the threat of Giardia we would have to maintain a chlorine residual of 4 ppm for a minimum of 60 minutes. To accomplish this would mean that we could pump no more than 1500 GPM through the booster pumps which have a capacity of 1875 GPM. We have had complaints about chlorine odor when we use only 2 ppm. With it at 4 ppm the odor would be stronger and more objectionable to the users. Because of the cost, high chlorine content, and limitations on pumping, maybe we should not do anything until we know whether or not we're going to get a State loan. RCHjlh HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK 2 to the intestinal wall. The trcphozite reproduces and sare of the organ' sms are Periodically shed frcm the intestinal wall. During passage through the intestine, they encyst to survive in the outside environment. Evidence gathered over the last few years indicates the transmission of the organism by municipal surface water supplies. There are basically three ways in which giardi.a organisms enter into the water supply. (1) Giardia are often present in the feces of wild animals. During periods of surface runoff, fecal contamination is washed into the municipal watershed. (2) a imals wry: spend a great -deal_ of time ire the streams of the municipal watershed can be responsible for the contaminated water (beaver are particularly notorious for transmission of the organism) . (3) Runoff from a septic tank or a sewer main break may enter into the water supply. Giardia are capable of remaining viable in cold water for ufsaards of two months. This albs f:.r their s #e uico cinot:11er host species such as man. Treatment A recent study conducted to determine the effectiveness of chlorine on giardia cysts has indicated that a high concentration of chlorine is needed along with a fairly long contact time. The results are as follc7as: Water Chlorine Contact T'anDerature Concentration were all o (T /11 Time (Min.) nH cysts destroyed ? 15 C (59 r) 2.5 10 ®� 6 Yes e, 7 ee �� NO 8 No 150C (591r) 2t5 30 7 No e ,t 30 8 No 60 7,8 Yes 50C (410r) 60 6,7,8 No 2 60 6,7 Yes it 8 No 30 ,e 6,7,8 No ,t 60 6,7,8 Yes ciz 0v¢.v �—..� r-►�2�e� 7Q M e. C lz C.�I,�devs �a QilVt Gt h -17— Li m o v) Cy e e-( ..Re-S `� 4195, vo �c4 c! P 5 42_�,-_) � � Z � t�t c V0.Cvvv, VUwL�S 0'^6,V vv ��C, j�3e 3c�U0•U O Z x 4 �pw _ • 9� fd� o© c\pw+ X. o 1 Z X 4 P?,-, = 3 t Aw 0D �1Q� x .ovZ x o0 CA x .017- x 14,5 AlgosL �� U1 (4 � Z.400 ���K•, x vt z (z � Z4UU 5p x 1_oo / CtZ 2c� � C5A9Z.0X vinX, K (3) �rac.,,v�. �lcaive5 (2) d, ��� Se s I ' A • Direct Cylinder, Manifold, or Ton Container Mounting • Highest Safety Level-All Vacuum/Remote Ejector Principle • Manual and Semi-Automatic Gas Feeding Up to Maximum Back Pressures of 1,40 Psig (10 bar) Standard (Optionally Up to 250 Psig,/17 bar) , •'For Dispensing Chlorine, Sulfur Dioxide, If Ammonia, Carbon Dioxide, or Other Gases �� �• Industry's Widest Range of Feed Rates-- Nine Flowmeter Capacities Up to °. 500 PPD(10 kg/h) � r • Unconditionally Guaranteed Tantalum Alloy Springs and Main Regulating Diaphragm • Visual Gas Supply Indication • Safety Valve Seals Gas Inlet Upon Loss of � Vacuum • Remote and Multiple Metering Available y • Automatic Switchover Available for Round-The-Clock Gas Feeding . ' I' ss ( w ^ { ' y CY Al f X`� t, : z«c u E ADVANCE Series 200 Manual Control Gas Feeders are Although chlorine,sulfur dioxide,ammonia,and carbon vacuum operated units designed for manual or semi- dioxide are the most common gases dispensed using automatic dispensing of chlorine,sulfur dioxide, ammonia, ADVANCE feeders,Capital Controls can provide equipment or carbon dioxide gas in a variety of commercial, industrial, to accommodate other gases(consult factory for details). and municipal applications.Three basic models combine to The materials of construction of each Series 200 unit are provide nine different flowmeter capacities up to 500 PPD carefully chosen to ensure total compatibility with the gas to (10 kg/h),the widest range of gas feed rates available be fed.The outside dimensions of ADVANCE gas anywhere. chlorinators,sulfonators,ammoniators,and carbonators are These feeders are easily installed in minutes,indoors, identical. or out.They are factory tested and need no field adjustment Remote mounted feeder installations are often prior to startup. Depending upon model and system recommended for chlorine and other gases.Local and state specified,a Series 200 unit is mounted directly on the gas ordinances may dictate that the gas supply be placed in a valve of a cylinder,manifold,or ton container by means of a special location some distance from the feed control and lead-gasketed positive yoke clamp. from the point or points of application. In addition, Capital Controls pioneered the ADVANCE all vacuum convenience and safety may require that feeder installation feeding system, a major feature of Series 200 units,over for a municipal treatment plant or an industrial plant be two decades ago.Today, it is still the safest and most widely remotely mounted,and that the point of control be several used method. Series 200 models are equipped with a hundred feet from the points of gas supply and ejection. spring-opposed inlet valve that seals off the gas supply in Where multiple point dispensing is needed,a single the event of vacuum loss.A remote ejector enables the gas Series 200 regulator may feed to one remote flowmeter and to travel under a safe vacuum condition from the source to feed rate adjustment unit,or to as many remote flowmeters the point of application.This eliminates additional and as total capacity will permit.The flow metering and rate potentially hazardous solution piping, ensuring complete adjustment elements can be mounted wherever convenient, utilization of the gas. Several types of ejectors for various usually in the operator's area,with the point(s)of injection at back pressures are available;a standard ejector for up to desired locations, near or far from the controls. 140 psig (10 bar), a Diaframless ejector(solution valve Automatic switchover systems are also available to design)for up to 200 psig (14 bar),and a Diaframless provide uninterrupted gas feeding on a round-the-clock ejector(corporation cock design)for up to 250 psig(17 bar). basis.Each consists of two vacuum regulators with gas flow An anti-siphon ejector should be used where back pressure indicators and one vacuum-type automatic switchover may,at times, be negative. module.When the gas supply in use is exhausted,the ADVANCE Series 200 gas feeders need minimal system's module will automatically switch gas feed to a full, maintenance;in fact,several of their key operating on-line source. External alarms can be adapted to the components,the Tantalum alloy springs and the double- system to notify the operator that switchover has occurred thickness main regulating diaphragms,are unconditionally and the depleted gas source should be replenished. guaranteed.A vacuum sealing valve at the regulator's inlet closes tight when the gas supply is shut-off or exhausted to prevent air,dirt,and moisture from entering the system.A gas supply window on the unit's faceplate provides visual indication to alert the operator of the presence or loss of gas supply at the regulator inlet.Adjustment of the gas feed is made via a manually controlled rate valve.The gas flowmeter indicates present feed rate. Standard Equipment ADVANCE Series 200 Manual Control Gas Feed Systems employ the all-vacuum method of operation and consist of a vacuum regulator(s)for mounting directly on the gas source and a remote ejector(s)for installation at the point(s)of application.These two basic components are used in a variety of arrangements for automatic switchover and remote and multiple metering applications. ADVANCE Vacuum Regulator—The unit shown here is for mounting directly on the gas valve of a cylinder or manifold. A regulator for ton container mounting is also available. Every model consists of the following components: 1. Positive yoke assembly—This lead-gasketed clamp enables secure mounting of the regulator right on the valve of a gas source. 2. Manual rate adjustment and gas flowmeter—An easy-turn knob for controlling the feed rate of gas leaving the regulator.The level of the ball inside this lass tube indicates how many y pounds per day or grams or kilograms per hour of gas are being fed. ' sn Separate flowmeters with rate adjustments are -. available for remote or multiple metering applications. i 3. Gas inlet with filter—Removes all foreign material ° from the gas. 4. Safety gas inlet valve—This vacuum-sealing valve closes tight when the gas supply is shut off or exhausted to prevent air,dirt,and moisture from entering the system. 5. Double-thickness,main regulating diaphragm/Tantalum alloy springs—These key operating components are unconditionally guaranteed. 6. Vacuum line connector—For securing the tubing which carries gas under vacuum from the regulator to the ejector. 7. Vent connector—For securing the tubing for venting to the atmosphere. 8. Gas supply indicator—A round window on the faceplate,which displays green for the presence of gas at the regulator inlet and red for a loss of gas ® .. supply ... 9. Reset knob—Retums the supply indicator back to ^+" green when the gas source is replenished. Standard Ejector—For remote installation at the application point(s)and for use with back pressure up to 140 psig(10 bar). Diaframless and anti-siphon ejectors are optionally available.The standard ejector consists of the following components: 10. Gas vacuum inlet—Where gas under vacuum enters the ejector for mixing with water. 11. Water supply inlet and vacuum-producing nozzle—The velocity of the incoming water increases through the nozzle creating the system's operating vacuum. 12. Spring-loaded,diaphragm-type check valve— isolates gas from water upon shutdown of the system. 13. Multi-purpose diffuser—After gas is thoroughly mixed with water,this device disperses the resulting solution at the application point. Operation the regulator in service to the metering and rate control panel and the ejector, until that source is depleted.As soon TO PENT as it is,the vacuum sealing valve on the regulator closes KET YACUUMSEAL RATE and the vacuum level in the system increases. I CYLINDER -D'RING VALVE VALVE INLET OU1lET CONNECTION This initiates the switching of two sealing valves in the �\ YOKE S AFETY switchover module:the open valve on the depleted source _ CLAMP VENT INDICALVEATOR LINE closes,with the aid of a spring-loaded toggle assembly, INLET 1 RATEOOICATOR while the valve on the standby source opens to permit gas to FILTER REGULATING flow. 1 DIAPHRAGM EJECTOR AND I ASSEMBLY CHEEK YALYE ASSEMBLY After an operator replaces the depleted source,it is WATER placed on automatic standby.The module will not switch �, SUPPLY — -=�10T10X back until the supply in service is exhausted. \' ( CYLINDER LIQUID Flow Diagram Direct Cylinder Mounted Unit VACUUM TUBING AUTOMATIC f SW ITCHOVER VACUUM _ MODULE VENT RATE TUBING INLET VALVE VALVE SAFETY r� VALVE _ REMOTE VACUUM TUBING YOKE � VENT VALVE _•'-�_ FLOWMETER - YAGuuM LINE RATE INDICATOR VACUUM VACUUM REGULATOR 2 REGULATOR 1 / LFAO REGULATING FJWTOR AND �� {{II 6MET ASSEMBLY DIAPHRAGM ASSCHEMEMBLY �^ VENT f+ VENT LEAD �KET MANIFOLD Jldr a GAS INLET/TRUFLEXISILE - - WATER _IZ�_ SOLUTION FLEXIBLEGASINLET SUPPLY .� — CONNEC NECTOR GAS GAS DLNwID EJECTOR CYLINDER 1 CYLINDER 2 RAP Flow Diagram Manifold Mounted Unit Automatic Switchover Operation �^ T° 100 PPD(2 kg/h)Cylinder Mounted System Shown o'nNc �'"T uTE YALYE AIYE VALVE -- .LEAD �VACLAMN LINE -ORE.AOTE CHi.OR�NE FUCf ETER VBIE NAIVE _ _utE _— NEENCATOA O,AFHRAGM pRiNG SEAT INLAND RILET "KEG 'w . — �FKTER . DIAPNAAOM EIECFOR Atm AESFAVIY C VANE NEATER UM ASSEAMLY _ i11M TON CONTANiN NUTS: VALVES iOGEtTOA J—s AYSFAIED SOLIRION FROM VACUUM / F VACUUM REGUTATOA NO REGULATOR NO Flow Diagram Ton Container Mounted Unit TOGGLE ASSE—Y Flow Diagram Switchover Module Basic Feed System . ADVANCE gas feeders are actuated by a vacuum created by water flowing through the remote ejector,an assembly consisting of avacuum-producing venturi and aspring- loaded,diaphragm-type(or Diaframless)check valve,which isolates gas from water upon shutdown. Once opened,the ejector check valve permits the vacuum to travel back through vacuum tubing to the system J regulator mounted on the gas valve of a cylinder,manifold, Manifold Mounted Automatic Switchover or ton container.This causes the inlet safety valve to open, initiating gas flow.A filter located in the regulator removes any foreign material from the gas.A spring-opposed diaphragm regulates the vacuum at this point. ;A° j Gas passes through the flowmeter(s),the rate control valve(s),and the system tubing to the ejector check valve assembly.Here the gas is thoroughly mixed with water and applied as a solution at the application point. Automatic Switchover System Each of two regulators with flow indicators are adapted to independent sources of gas under pressure.An automatic Direct Ton Container Mounted switchover module allows gas to flow under vacuum from Automatic Switchover Chlorinator Typical Installations VACUUM REGULATOR MOUNTED ON GAS CYLINDER k®� I ) \. GAS FEEDER I`,•„+, GAS VACUUM LINE TO _ .�! `sAFEtr CHAIN GAS FL.OVJMETERS �� / DEEP WELL PUMP R ,ATMO$PNERE 1 �..GAS FLOAMETER A IL INSECT 1 PANEL ' �_ `L '� ks AIR RELEASE SCREEN CHECK VALVE ,GAS CYLINDER Ji GAI VACUUM NP:ijTYPICAL WALL MOUNTED TL)8elG INSTALLATION OF EJECTOR GAS VACUUM LINE S BYPASS vuvE TO / I i WATER SUPPLY,� �4 VARIOUS POINTS OF TREATMENT \ RELIEF VALVE / HOSE WATER SUPPLY ROOSTER Ptss+ _ I _. TYPICAL PIPELINE INSTALLATION OF EJECTOR SOLUTION 1i DIFFUSER — YATER INLET ASSEMBLY�\ ; HOSE' SOLUTION Multiple Gas Metering Arrangement Typical Gas Feeder Deep Well Installation GAS FEEDER RATE VALVE GAS FEEDER AUXILIARY VALVE SUPPLY INDICATOR AUXILIARY VALVE RATE VALVE 8 MANIFOLD --METERING TUBE MANIFOLD VENT �.,/FLOAM£TER VACUUM LINE j TRAP X / �• „�-PIPE �� VACUUM HEATER `THREAD HEATER TUBINGa\/ tl,."PIPE THREAD COt+INECTOR \' I FLEXIBLE CONNECTOR EJECTOR SOLUTION EJECTOR t+u'WATER (YWLL MOUNTED) DIFFUSER IVALL MOUNTED) SOLUTION SUPPLY PIPING / SUPPLY PIPING Y.STRAINER DIFFUSER Y-STRAINER UT.HOSE 1W SOLUTION HOSE Installation of Gas Feeder on a Vertical Manifold Installation of a Gas Feeder on a Horizontal Manifold NOTE: •CORPORATION STOP WITH SOLUTION TUBE ALSO AVAILABLE FOR INSTALLATION INTO PRESSURE MARS •FOR OPEN PITS,PERFORATED SOLUTION TUBES MAY BE USED GAS CONTAINER �— i GAS VACUUM TUBING VEIN t'l"PIPE THREAD TON CONTAIN SOLER MOUNTED HEATER VACUUM REGULATOR / DIFFUSER _ EJECTOR 111P WATER SUPPLY (HALL MOUNTED) / PIPING V-STRAINER O t+FF SOLUTION HOSE Installation of a Ton Container Mounted Gas Feed System General Specifications AVAILABLE MODELS Model Model 201 Model 202 Model 203 Suffix Code (Maximum Capacity 100 PPD (Maximum Capacity 200 PPD (Maximum Capacity 500 PPD (Type of Installation) or 2 kg/h) or 4 kg/h) or 10 kg/h) 20_—1 1 vacuum regulator with gas flowmeter and rate valve,gas supply indicator and vent Direct Mounted Regulator and 25'(3h"O.D.)vent tubing with insect screen Flowmeter 12 lead gaskets (Cylinder or Manifold 1 ejector wall mounting bracket Mounting`) 1 multi-purpose wrench 1 set of spare parts 1 instruction manual 1 ejector/diffuser i ejector 1(1"O.D.)metal hose adaptor 1 remote diffuser with 11/2"I.D.hose inlet and 11/4"NPT outlet 10'(1"O.D.)rubber hose 10'(11/2"O.D.)rubber hose 4(1")hose clamps per ejector 4(1 YF)hose clamps per ejector 25'(3e"O.D.)vacuum tubing 25'(1/2"O.D.)vacuum tubing J 25'(W O.D.)vacuum tubing Shipping Weight 20 lbs(9 kg) Shipping Weight 29 lbs(13 kg) 20__2 1 vacuum regulator with gas flowmeter and rate valve,gas supply indicator and vent,and drip leg Direct Mounted Regulator and 1(120 volt,60 Hz,or 240 volt,50 Hz)25 watt heating pad with 6'cord Flowmeter Otherwise,same equipment as for Model Suffix Code 1 (Ton Container Mounting') Shipping Weight 21 lbs(10 kg) Shipping Weight 28 lbs(13 kg) Shipping Weight 29 lbs(13 kg) 20—_3 1 vacuum regulator with gas flow indicator,gas supply indicator and vent Remote and/or 1 gas flowmeter and rate valve per point of application Multiple Metering 25'(%"O.D.)vent tubing with insect screen (Cylinder or 1 ejector wail mounting bracket per ejector Manifold Mounting') 12 lead gaskets 1 multi-purpose wrench 1 set of spare parts 1 instruction manual 1 ejector/diffuser per point of 1 ejector per point of application application 1 remote diffuser with 11/2"I.D.hose inlet and 11/4"NPT outlet per ejector 1(1"O.D.)metal hose adaptor per ejector 10'(1"O.D.)rubber hose with 10'(11/2"O.D.)rubber hose with 10'added per ejector 10'added per ejector 4(1112")hose clamps per ejector 4(1")hose clamps per ejector 50'(W'O.D.)vacuum tubing with 50'(1/2"O.D.)vacuum tubing with 50'('A"O.D.)vacuum tubing with 25'added per point of application 25'added per point of application 25'added per point of application Shipping Weight 21 lbs(10 kg) Shipping Weight 32 lbs(15 kg) Shipping Weight 33 lbs(15 kg) 20__4 1 vacuum regulator with gas flowmeter and rate valve,gas supply indicator and vent,and drip leg Remote and/or Multiple 1(120 volt,60 Hz,or 240 volt,50 Hz)25 watt heating pad with 6'cord Metering Otherwise,same equipment as for Model Suffix Code 3 (Ton Container Mounting') Shipping Weight 24lbs(11 kg) Shipping Weight 31 lbs(14 kg) Shipping Weight 33 lbs(15 kg) 20—_5 2 vacuum regulators,each with gas flowmeter,gas supply indicator and vent Vacuum-type Automatic 1 vacuum-type switchover module Switchover 1 gas flowmeter and rate valve per point of application (Cylinder or Manifold 25'(%"O.D.)vent tubing with insect screen Mounting';) 1 ejector wail mounting bracket per ejector 12 lead gaskets 1 multi-purpose wrench 1 set of spare parts 1 instruction manual 1 ejector/diffuser per point of 1 ejector per point of application application 1 remote diffuser with 11/2"I.D.hose inlet and 11/4"NPT outlet per ejector 1(1"O.O.)metal hose adaptor per ejector 10'(1"O.D.)rubber hose with 10'(11W O.D.)rubber hose with 10'added per ejector 10'added per ejector 4(11/2")hose clamps per ejector 4(1")hose clamps per ejector 50'(3✓e"O.Q.)vacuum tubing with 50'(1/2"O.D.)vacuum tubing with 50'(fie"O.D.)vacuum tubing with 25'added per point of application 25'added per point of aplication 25'added per point of application Shipping Weight 30 lbs(14 kg) Shipping Weight 40 lbs(18 kg) 20__6 2 vacuum regulators,each with gas flowmeter,gas supply indicator and vent,and drip leg Vacuum-type Automatic 2(120 volt,60 Hz,or 240 volt,50 Hz)25 watt heating pads each with 6'cord Switchover Otherwise,same equipment as for Model Suffix Code 5 (Ton Container Mounting't) Shipping Weight 32 lbs(15 kg) Shipping Weight 42 lbs(19 kg) 'Gas chlorinators and sulfonators can be direct cylinder mounted,manifold mounted,or ton container mounted.Gas ammoniators can be cylinder mounted or manifold mounted (but not ton container mounted).Carbonators must be manifold mounted. tVacuum-type automatic switchover is available for gaseous chlorine and sulfur dioxide up to 500 PPD(10 kg/h),gaseous ammonia up to 250 PPD(5 kg/h),and carton dioxide up to 390 PPD(7.8 kg,h).Consult factory for other gases. All feed range/flowmeter capacities shown in this bulletin Options are for chlorine only.To determine those of other gases, a. Residual analyzer multiply each chlorine value by: b. Cylinder weighing scales and ton handling devices 0.95 for sulfur dioxide c. Ton scales 0.50 for ammonia d. Manifold assemblies 0.78 for carbon dioxide e. Diaframless and anti-siphon ejectors,corporation cocks All ammonia metering tubes to 100 PPD(2000 g/h) and solution valves are direct reading.The multiplier is applied for just the 250 f. Gas masks PPD(5 kg/h)ammonia gas flowmeter.The minimum feed g. Gas detectors capacity for every flowmeter is always 1/20th of the h. Chemical metering pumps maximum value. We have changed the Model Numbers of our 200 series Dispenser Accuracy—within 4%of maximum flowmeter equipment to be more definitive in capacity, gas handled, capacity. and vacuum regulator mounting.This change enhances the GAS FLOWMETER DATA understanding of the equipment's capability, but does not change its design, quality,or performance.To help you,the Available table below shows the new number and the old number. Flowmeters Model 201 Model 202 Model 203 Size 3"(76 mm) 3"(76 mm) 6"(152 mm) OLD NUMBER NEW NUMBER Feed Capacities 0.6(12 g/h) 25(0.5 kg/h) 50(1 kg/h) 201 201 XI PPD 1.5(28 g/h) 50(0.9 kg/h) 100(1.9 kg/h) 202 202X1 4(75 g/h) 100(2 kg/h) 200(3.8 kg/h) 2025 202X5 10(200 g/h) 200(4 kg/h) 500(10 kg/h) 205 201X5 25(0.5 kg/h) 269 201X2 50(0.9 kg/h) 2695 201X6 100(2 kg/h) 270 202X2 2705 202X6 271 203X2 TUBING CONNECTIONS 2715 203x6 Model Maximum Capacity Vacuum Vent 755 203X1 P � 2755 203X5 201 100 PPD( 2 kg/h) !ell !ell 281 201X3 202 200 PPD( 4 kg/h) rh" �a" 282 201X4 203 500 PPD(10 kg/h) 5A" !ell 283 202X3 284 202X4 20 VACUUM TUBING SIZE REQUIREMENTS 286 20sxa Maximum Feed Rate Length of Vacuum Tubing PPD (kg/h) 100'(31 m) 200'(61 m) 500'(153 m) so (1) .. ., ile 20 100 (2) !a" Vz" Ih" 200 (4) /z" !Yell Y4" Y T 500 (10) !ell :Y4" 1" Vacuum Regulator Mounting EJECTOR CONNECTIONS`* 1 -Cylinder or manifold mounted with rate valve Model Standard Optional 2-Ton mounted with rate valve 201 Inlet 1"I.D.hose W'NPT,3/V hose 3-Cylinder or manifold mounted with Outlet Universal diffuser for 3/V I.D.hose,1"NPT remote meter(s)and rate valve 3/d'NPT male thread, male pipe,3/a'open 4-Ton mounted with remote meter(s) spray or open end,or end diffuser,10'long and rate valve 1"I.D.hose 5-Cylinder or manifold mounted with 202 and 203 Inlet 11W NPT 1IlY hose automatic switchover Outlet 1111 hose 11/4"NPT 6-Ton mounted with automatic switchover "Optional inlets and outlets require special consideration to ensure that pressure losses are not excessive.Consult factory for available optional Diaframless and anti- siphon ejector inlets and outlets. Gas Handled A-Ammonia B-Carbon Dioxide C-Chlorine S-Sulfur Dioxide Maximum Capacity 1 -100 PPD/2 kg/h 2-2D0 PPD/4 kg/h 3-500 PPD/10 kg/h INS Dimensions 195 WIDE 20 DEEP VACUUM w—7o INLET 2§e i SOLUTION OUTLET 150 r WATER 3'/. 6 INLET j 100 PPD&200 PPD Ejector 190 , (2&4 kg/h) 150 g0 Switchover Module 6 3'fz 110 VACUUM 4 11` INLET _ �- 31/4 80 -- - 150 O TOT Nd4TER SOLL/TION--- 6 O INLET pUTLE7�j 500 PPD(10 kg/h)Ejector Cylinder or Manifold Mounted Vacuum Regulator T-- 50 0 0 2 f' TON CONTAINER GAS VALVE �- (RIGHT HAND OUTLET S tom) 150 300 5—e 11 R, O 23s Remote Flowmeter 0 0 ' 9'/4 i.--6 90 3%z � 130 5 7- 0 500 PPD(10 kg/h) Remote Flowmeter 150 O 6 o DIMENSIONS MILLIMETERS INCHES 415 16% SUPPORT BRACKET Ordering HEATER Please specify(1)model number(2)maximum feed capacity(3)gas to be fed(4)model suffix code—type of installation(5)desired gas fowmeter capacity(6)type of ejector/check valve assembly(7)back pressure at point of application(8)power source(9)number of additional feed Ton Container Mounted points(10)desired options Vacuum Regulator Design improvements may be made without notice. EUROPEAN HEADQUARTERS Crown Quay Lane•Sittingbourne•Kent ME 10 3JG•U.K. Tel:0795 76241 •Telex:965636 CAPCO G IN BENELUX Route Axiale,4•B-5330 Assesse•Belgium Tel:083 655781•Telex:59151 WILCO B CAPITAL CONTROLS GERMANY E COMPANY INC rftstrasse 20•4050 Monchengladbach 2 Tel:02166 87915•Telex:852604 DART D P.O.Box 211,Colmar,PA 18915 U.S.A. Tel:800-523-2553,in PA 215-822-2901 Telex 846454 CAPCO COLA ADVANCE OtGAS CHLORINATION EYJ Application �V1, tinBULLETIN A2.3106.2 (Formerly 3006) MULTIPLE CHLORINE GAS FEED RATE AT ONE POINT OF INJECTION* There are occasions when one gas chlorinator system con- regulator with each chlorine gas flow meter having a manual sisting of one vacuum regulator, several remote chlorine gas rate control valve. Each manual rate control valve is set to flow meters and one ejector offers a satisfactory approach feed the desired level for its specific requirements. An elec- to chlorination. This differs from the multiple feed paint trically actuated chlorine shutoff valve is mounted in the installations where several ejectors are used, one for each vacuum line from each chlorine gas flow meter. Downstream paint of application. of these valves, the vacuum lines are manifolded to one Installations utilizing one point of injection would include common vacuum line feeding the ejector. the following: The advantage to this system is obvious since only one 1. A well field coming to a central point and then feeding booster pump and one ejector is required. Automatic opera- into the distribution system. tion is provided with this modified proportional system. 2. A food processing plant where one chlorine dosage is The actuating signal for the chlorine shutoff valves may used in contact with the food and another chlorine dosage come from several different sources depending upon the fin- is used in washdown of equipment. dividual application. For example, in a multiple well system, 3. A swimming pool where residual control is desired. the well pump-starter can be used to actuate the chlorine shutoff valve and allow operation of an individual chlorine gas flow meter. There are occasions when other signals may OPERATION be used, such as: Illustration No. 1 shows a case where all the chlorination 1. Chlorine residual 4. ORP is required at one point of application. The vacuum lines 2. Level 5. pH are run to a metering panel or panels from the vacuum 3. Flow *The multiple gas feed rate at one point of injection is appli- cable to other gases. WELL PUMP I REJECTOR BOOSTER PUMP—" INLET W ASSEMBLY WELL PUMP 4 ON-OFF CHLORINE VACUUM VALVE VACUUM LINE VACUUM T DI ❑1 WELL REGULATOR, PUMP 1 11 fill III THREE CHLORINE GAS FLOW METERS s Ud VENT -A trademark of Car,,Tal Controls Company Illustration No. 1 : i TYPICAL INSTALLATION The booster pump and ejector should be sized with con- sideration given to total maximum chlorine flow and the An example of this type of application is illustrated as back pressure. follows: Example: SUMMARY A water system with three wells feeding at rates of 500, These systems are also available with automatic switchover. 1000, and 1500 gallons per minute are connected to the (Illustration No. 2) same distribution line. The wells are 500 feet apart. There Sizing should consider: are no service connections between the distribution line and the individual well houses. What chlorination equipment is a) Process water flow from each source. required to meet these conditions? (illustration No. 1) b) Chlorine demand of each source. Solution: c) Chlorine residual required. Although providing a chlorinator for each well is satisfactory, Total chlorine capacity representing the maximum sum total this would be costly and installation space may not be avail- of all chlorine gas fed, is used to size the chlorinator. All able at each well. ADVANCE gas chlorinators utilizing remote vacuum regulators Chlorine injection can be accomplished in the common main. can be used for multiple chlorine gas feed rates at one point Electrical signals must be provided from the well pump of injection. starters to actuate the chlorine shutoff valves. Table I pro- vides all data for the installation. TABLE I VACUUM TUBING AUTOMATIC SWITCHOVER MODULE DOSAGE CHLORINE FEED CHLORINE GAS _ WELL FLOW REQ'D. REQUIRED FLOW METER VACUUM TUBING NO. GPM M3/HR MG/1.(1) pp0 GR/HR PPD GR/HR VACUUM TUBING 1 500 114 1.5 9 170 25 500 VACUUM REGULATOR#2 VACUUM 2 1,000 227 1.2 14.4 272 25 500 REGULATOR#1 VENT • VENT 3 1,500 341 1.6 28.8 544 50 900 - ill i (1) Dosage based upon the demand in each well water supply to yield a 1.0 mg/I residual. CHLORINE CHLORINE EJECTOR CYLINDER#1 CYLINDER#2 Using the above information, and referring to the Product Bulletins, the chlorinator can be chosen by the capacity and the regulator mounting arrangement required. i i i Illustration No. 2 j CAPITAL CONTROLS COMPANY A DIVISION OF DART INDUSTRIES INC. P.O.BOX 211,COLMAR,PENNSYLVANIA 18915 U.S.A. TEL:215-822-2901 • TELEX 846454• CABLE:CAPCO,Colmar,Pa. TWX:510-661-4593 IN BENELUX EUROPEAN HEADQUARTERS i ROUTE AXIAL.E,4•B-5330•ASSESSE,BELGIUM CROWN QUAY LANE•SITTINGBOURNE•KENT,U.K.ME10 3JG t TEL:083.65 57 81•TELEX:0591/51(WILCO) TEL:0795 76241•TELEX:965636 IN GERMANY MIDDLE EAST AREA OFFICE ERFTSTRASSE 20.4050 MONCHENGLADBACH 2 METITO HOUSE•83 PARKSIDE•WIMBLEDON,LONDON U.K.SW19 5LP TELEFON:(0 2166)8 7915•TELEX:852604 TEL:789-6666•TELEX:895-4165 CAPITAL CONTROLS COMPANY ADVANCE LANE, P.O.BOX 211 Engineering Data A2.62114.0 COLMAR,PA.18915,U.S.A. SOLUTION LINE ACCESSORIES Effective May 1981 TELEPHONE:215-822-2901 DIFFUSERS (Formerly C-183) DIVISION OF DART INDUSTRIES INC. Page 1 of 2 CHANNEL DIFFUSER - VERTICAL I HOSE CONNECTION(PVC) 101.6 (SEE TABLE) HOSE DIFFUSER WEIGHT 4" CONNECTION SIZE LBS. KG 3/4" 3/4' 2 0.9 COUPLING (P.V.C.) 1•• 1" 3 1.4 i 1h" 1%" 3 1A 6 609.6 24" 288,93 DIFFUSER (P.V.C.) (APPROX,) 11-3/8" (APPROX.) t DIMENSIONS: MILLIMETER BRACKET(POLY) INCH (2) PLACES PIPE CAP (P.V.C.) 69.85 2-3/4' PIPELINE DIFFUSER - FLANGED FLANGE SIZE GATE VALVE EJECTOR- "A" CHECK VALVE BALL VALVE GAS ASSEMBLY OR RUBBER LINED PVC VACUUM INLET DIAPHRAGM VALVE FLANGED DIFFUSER WATER PRESSURE —► _GAUGE W.V TABLE i JTL WATER SUPPLY WATER LINE INSTALLATION IN PRESSURIZED WATER LINE TO SPECIFY A PVC FLANGED PIPELINE DIFFUSER,TWO NUMBERS ARE INVOLVED. (SEE TABLE 1) THE FIRST NUMBER REPRESENTS"A"THE SOLUTION FLANGE SIZE IN INCHES. THE SECOND NUMBER REPRESENTS THE PIPELINE DIAMETER"D"IN INCHES. PROVIDED THE USERS MATING FLANGE- (CLASS 150) IS 6"• FROM THE PIPELINE,THE PENETRATION OF THE STANDARD DIFFUSER WILL PRO- VIDE SOLUTION APPLICATION APPROXIMATELY 1/3 OF THE PIPELINE DIAMETER INTO THE PIPELINE. `OTHER DISTANCES CAN BE ACCOMMODATED,CONSULT FACTORY. TABLE I MAXIMUM RECOMMENDED SOLUTION FLOW IN GPM FLANGE SIZE"A" PVC FLANGED DIFFUSER NO. THROUGH DIFFUSER+ 2" 2-D 125 3-: 3-D 325 4" 4-D 700 6" 6-D 1200 +FLOW BASED ON FRICTION LOSS IN DIFFUSER OF 5'-7'. CAPITAL CONTROLS COMPANY Engineering Data A2.62114.0 ADVANCE LANE, P.O.BOX 211 Effective May 1981 COLMAR,PA.18915,U.S.A. SOLUTION LINE ACCESSORIES TELEPHONE:215-822-2901 DIFFUSERS (Formerly C-254,C-798) DIVISION OF DART INDUSTRIES INC. Page 2 of 2 CHANNEL DIFFUSER - HOSE CONNECTION 609.6 HOSE CONNECTION (PVC.) 24 (SEE TABLE) DIFFUSER (P.V.C.) PIPE CAP (PVC.) ELBOW (PVC) / / I 8 2-5 2-5/8 12.7 BRACKET (POLY) 1/2 STAINLESS STEEL 1/2 (2 PLACES) BOLT (4 PLACES) 336.55 13-1/4 25.4 ' .29 69.85 1 14 -t- - 9/16DIA. (4 PLACES) 2-3/4 101.6 i 4 HOSE DIFFUSER BRACKET WEIGHT CONNECTION SIZE PART NO. LEIS KG MOUNTING BOLTS NOT INCLUDED 3/4" 3/4" U-253-1 2 0.9 1" 1" U-253-2 3 1.4 DIMENSIONS:MILLIMETER/INCH 1-1/4" 1-1/4" U-253-3 3 1.4 1-1/2" 1-1/2" U-253-4 3 1A REF:BM 128 CHANNEL DIFFUSER -THREADED CONNECTION — ,.A.. C" ELBOW (P.V.C.) DIFFUSER (P.V.C.) PIPE CAP(P.Y.G.) i -t?—fl—e O—9—E?--9 O 9 - 12.7 127.0 i/2 1/2"STAINLESS STEEL 5 BOLT (4-PLACES) BRACKET (POLY.) 9/I6 DIA* 45_04 i-13/i IOi.6 6 - - 4 152.4 1 6 CONNECTION BRACKET DIMENSION DIMENSION WEIGHT "C"THREADED NO. "A" "EI" LEIS KG MOUNTING BOLTS NOT INCLUDED 2" U-271.4 609.6/24" 336.55/13-1/4" 4 1.8 3" U-271-1 914.4/36" 660.4/26" 6 2.7 DIMENSIONS:MILLIMETER/INCH 4" U-271-2 914.4/36"' 660.4126" 8 3.6 REF:BM 128 THE CITY OF BOZEMAN Fti 411 E. MAIN ST. P. O. BOX 640 PHONE (406) 586-3321 BOZEMAN. MONTANA 59715 88 Co. August 3, 1983 TO: Richard C. Holmes, Director of Public Service FROM: John M. Evans, City Manager RE: Commission Discussion--Lyma' r)Creek Reservoir Water, Commission Meeting August 1, 1983 Attached please find an extract of the Minutes of the Commission meeting concerning the discussion of Lyman Creek •Reservoir water. You will find that several questions were raised by the Commission that they would like informa- tion on. Would you please research the questions and furnish me your reply in writing to enable this discussion to be continued at the Commission meeting on August 15, 1983. We could discuss this matter further if you feel the need. Thank you. JME/lh Attachment HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK `. ` - 4.1 - _ Discussion City Manager Evans stated that Commissioner Vant Hull had requested this item be added to the agenda due to the article which appeared in the Bozeman Daily Chronicle concerning giardia cysts in the vvahar supply. Commissioner \/ant Hull stated that various residents living on the City's north side have expressed concern about the Lyman Creek Reservoir water supply, which is located on the City's north side, She asked if chlorination of the water will need to be as high after the Water Filtration Plant is installed as it is now. City Manager Evans stated that the water in Lyman Creek will be retested' because of uncertainty that the equipment was clean when the test was begun. He stated that the results of the second test should be available during August. The City Manager then stated that there is no transmission line from Lyman Creek to the Water Treatment Plant in the present construction plans. He noted that preliminary cost estimates for a transmission line from the head of the spring to the reservoir are $250,000.00, Commissioner Weaver asked if the City could eliminate this source of the City's water supply. City Manager Evans stated that he does not feel it would be possible to eliminate this source completely. Commissioner \/ant Hull suggested that the Commission direct the staff to investigate the potential problems and suggest solutions to the water supply problems. Commissioner Anderson stated that she has suggested several times that a water inventory that lists both quantity and quality from various sources is needed. She stated that a complete overview of the City's water supply is needed for the City to address water issues. Ms. Adele Pittmndrigh, 505 North Tracy, stated that she is concerned not only with possible contamination by giardia cysts, but the heavy chlorination as well. She also stated concern that the water supply for the north Side of the city will not be treated. N1s. Pittendrigh indicated that she is surprised by the decision to treat the water from other sources, but not from Lyman Creek. City Manager Evans stated the cost of piping water from the Lyman Creek Reservoir to the Water Treatment Plant and back into the City's water supply would be extensive. Commissioner Weaver stated that the preliminary question is whether there is a problem with the City's water supp|y. He noted that M5. Pittendrigh has indicated that, even if a problem does not exist at this time, it could exist in the future. He also noted that the cost/benefit relationship of running five to ten percent of the City's water supply uphill to to the Water Filtration Plant must be considered, and does not appear to be the solution. Commissioner \/ant Hull stated that another question to be answered is whether the north side residents will need to continue drinking more heavily chlorinated water than the rest of the community. Commissioner Anderson asked if there would be any possibility of isolating the water supply from Lyman Creek so that contamination could be eliminated. City Manager Evans stated that piping from the spring head to the reservoir would eliminate contamination' which occurs while the water is in an open stream. The City Manager then stated that many of the questions being asked are technical questions that will require answers from some of the staff. He suggested that the questions be reflected in the minutes so that the staff may review them and answer as many as possible. The following questions were then listed by the Commission; (1 ) is there a basis for stating that giardia cysts exist in Lyman Creek, and what is the likelihood of possible future contamination: (Z) what is the anticipated chlorination regimen for Lyman Creek; (3) what portion of the year is Lyman Creek water used, and to what extend; and (4) does Lyman Creek water enter into the water supply for the south side of the city, or is it strictly utilized by the residents on the north aide. Mayor Stiff requested that the Commission carefully review these questions and uses them as the basis for the next discussion on this matter. ~ - 4.1 - Discussion - Lyman Creek Reservoir water City Manager Evans stated that Commissioner Vant Hull had requested this item be added to the agenda due to the article which appeared in the Bozeman Daily Chronicle concerning giardia cysts in the water supply. Commissioner Vant Hull stated that various residents living on the City's north side have expressed concern about the Lyman Creek Reservoir water supply, which is located on the City's north side. She asked if chlorination of the water will need to be as high after the Water Filtration Plant is installed as it is now. City Manager Evans stated that the water"in Lyman Creek will be retested, because of uncertainty that the equipment was clean when the test was begun. He stated that the results of the second test should be available during August. The City Manager then stated that there is no transmission line from Lyman Creek to the Water Treatment Plant in the present construction plans. He noted that preliminary cost estimates for a transmission line from the head of the spring to the reservoir are $250,000.00. Commissioner Weaver asked if the City could eliminate this source of the City's water supply. City Manager Evans stated that he does not feel it would be possible to eliminate this source completely. Commissioner Vant Hull suggested that the Commission direct the staff to investigate the potential problems and suggest solutions to the water supply problems. Commissioner Anderson stated that she has suggested several times that a water inventory that lists both quantity and quality from various sources is needed. She stated that a complete overview of the City's water supply is needed for the City to address water issues. Ms. Adele Pittendrigh, 505 Borth Tracy, stated that she is concerned not only with possible contamination by giardia cysts, but the heavy chlorination as well.e She also stated concern that the water supply for the north side of the city will not be treated. Ms. Pittendrigh indicated that she is surprised by the decision to treat the water from other sources, but not from Lyman Creek. City Manager Evans stated the costof piping water from the Lyman Creek Reservoir to the Water Treatment Plant and back into the City's water supply would be extensive. Commissioner Weaver stated that the preliminary question is whether there is a problem with the City's water supply. He noted that Ms. Pittendrigh has indicated that, even if a problem does not exist at this time, it could exist in the future. He also noted that the cost/benefit relationship of running five to ten percent of the City's water supply - 5 - ~' uphill to the Water Filtration Plant must be considered, and does not appear to be the solution. Commissioner Vant Hull stated that another question to be answered is whether the north side residents will need to continue drinking more heavily chlorinated water than the ''�, . ' rest of the community' Commissioner Anderson asked if there would be any possibility of isolating the water supply from Lyman Creek so that contamination could be eliminated. ` City Manager Evans stated that piping from the spring head to the reservoir would eliminate contamination, which occurs while the water is in an open stream. The City Manager then stated that many of the questions being asked are technical questions that will require answers from some of the staff. He suggested that the questions be reflected in the minutes so that the staff may review them and answer as many as possible. The following questions were then listed by the Commission: 0 ) is there a basis for stating that giardie cysts exist in Lyman Creak, and what is the likelihood of possible future contamination; (2) what is the anticipated chlorination regimen for Lyman Creek; (3) what portion of the year is Lyman Creek water used, and to what extend; and (4) does Lyman Creek water enter into the water supply for the south side of the city, or is it strictly utilized by the residents on the north side. Mayor Stiff requested that the Commission carefully review these questions and uses them as the basis for the next discussion on this matter. / _ 1, MIN milli NEI lull I �milliIBM MINIM sell SUN Emilei imams INIG1111 HIM MINIM INKINERNO MINN MINIM miss NONNI milli NEI MIN ��„ �NI A ■ , 111 j ICI llimil IN IR AN NONE oilIII rBosom Mai ME IN MIM- slim Room =OWN1I mill mill I EI milli MINIM NO 11111 1 Ili 1 I 1 I I �u � r, �r - r WINE NJ SO NJ NJ 1141,41"1 mill MIMI= miss, son all milli SO MINIMUM NJ Ell 0111111 OEM login son ONE Ing 1M 1 JIM now milli Ellin HE NJ login lmial JUNE Ifni- NJ Nil igloos INNER ,1111111 MINE Iloilo In login OVER NJ loss 51 Nil i u r- I INN Ell EVENENVIER �1 NOISE �� ' � • N �u � IM� ins�� Ell loll �I 1� „ I I i I I - INB p i 4 r• r � � s oil ■ a � r .. ,: . XVW 41 _TY E 65-113 EYE.EASF- I5-16 20/20 iUFF r, Ci� CID 4726 3�7 u/4� J 'I I�� dL.®p S S.�PF' _ -- — __------- L M o7E II -----.—_---- - �_ _I ,J rl_,_1. %�. �G �s _ _ I�Iq �, i -- { �I-- ------ �., 227 L21 I � � f o V3 i + - i-T-F- IT HI -it-4- ! I - - 12 � ! i -311 i i I_ 29 r-- I IL ZI30 32_ i •Y g• .1� 1 ��I�1/I so THE CITY OF BOZEMAN 411 E. MAIN ST. P.0. BOX 640 PHONE (406) 586-3321 BOZEMAN. MONTANA 59715 V August 4, 1983 TO: John M. Evans, City Manager FROM: Richard C. Holmes, Director of Public Service RE: Lyman Creek Water Supply Your Memo of August 3, 1983 The following responds to the four questions listed in the Commission Minutes. 1. A sample was taken from Lyman Creek. Tests indi- cated the presence of giardia cysts but, there is a question whether or not the sampling equipment was properly cleaned. We plan to take new samples with clean equipment in the near future. Giardia is found in most drainages of the north- western part of the United States so it probably exists in Lyman Creek and plans should be developed to eliminate it from our water supply. One possi- bility is to extend the existing pipe approximately 4,000 feet to the spring. 2. Because of exposure to the atmosphere after chlorination, which decreases the level of concen- tration, the level varies from 0.2 parts per million to a maximum of 1.2 PPM. 3. Lyman Creek feeds the area north of the Interstate 100 percent of the time and offsets demand in the rest of the city during spring and summer. It is also needed for backup in the event of a major fire or break in our south transmission line. 4. Refer to number 3 above. In addition, we are chlorinating water from the south at 2. 0 PPM now and in normal times in the past the level was more near 1. 0 PPM. This compares to the maximum 1. 2 PPM that our equipment can provide at Lyman Reservoir now. HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK John M. Evans, City ,Manager Page Two August 4, 1983 Also, it is economically impossible to connect the Lyman supply to the filter plant south of town. So if anything is to be done it must be done at Lyman Creek and presently we feel that extending the pipe to the spring will resolve the giardia problem with no need for filtration. RCH/lh THE CITY OF BOZEIAAN 411 E. MAIN 5T. PHONE (406) 566-2366 BOZEMAN, MONTANA 59715 April 3, 1968 Millington 0. Young, M.D. 312 North Willson Avenue Bozeman, Montana 59715 Dear. Mr. Young: Your letter addressed to Oscar Cutting, as City Manager requesting ray opinion of certain water rights in Lyman Creek has been before me pending a search of the records. From the deed record search it is apparent that you have not acquired any water rights out of Lyman Creek for use on your land in the south half of the southwest quarter of the northeast quarter of Section 33, Township 1 South, Range 6 East, M.P.M. On the other hand from the judgment records of the District Court it appears by a decree entered April 21, 1896 that the City of Bozeman is entitled to the use of 238 3/20 miners inches of the waters of Lyman Creek of which 150 3/20 miners inches has a priority as of September 1, 1864 and 88 inches has a priority as of May 1, 1881. By the same decree Racheal Creek was awarded 8 6/10 miners inches diverted at the headgate of the city and 30 4/10 miners inches diverted below the city 's headgate both with the priority date of 1884. Your reference to the water rights of your neighbor (Huffine) relates to an agreement between the City of Bozeman and Huffines ' predecessor, Peter 0. and Fanny R. Brenden under date of April 15, 1909, and reflects a possible misunderstanding of its pro- vision. That agreement you will observe is explicit in recognizing the prior right of the City of Bozeman to the full, exclusive and unmolested use of 238 3/20 miners inches of the waters of Lyman Creek, "with the exception that in the case the party of the second part (City of Bozeman) is not using and has no use for all of said 238 3/20 inches of water during the time, and said first parties (Huffines predecessors) may be desirous of using waters from said Lyman Creel: for the urpose of irrigation, said first parties (Huffines predecessors may use the surplus of said 238 3/20 inches not used or needed by said city, for the purposes of irrigating one time each year for a period not exceeding 14. days in any one year". From the foregoing quoted paragraph, it is clear that your neighbor Huffine may use only the "surplus of said 238 3/20 inches" at a time when it is "not used or needed by said city" and then only for a period of not exceeding "14 days in any one year" for the purpose of"irrigating one time each year", HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK Millington 0. Young, M.D. April 3, * 1968 Page 2 With regard to the relative priority of the Creek and Brenden rights, referred to above, your attention is also directed to case numbered 12-4562 in the district court of Gallatin County, Montana where on October 25, 1912 Peter 0. Brenden was enjoined for inter- ferring with the prior rights of Racheal E. Creek to use of the waters in Lyman Creek. In other words, both the adjudicated rights of the City of Bozeman and Racheal E. Creek are superior and prior to any right of Peter 0. Brenden, and his successors, to the use of the waters of Lyman Creek. In view of the fact that the city 's water right for municipal purposes. out of Lyman Creek is an old and established water right, every effort will be made to protect the city in its continued enjoyment and use of these waters. Respectfully submitted BEN' E. BERG, City Att-oirney BEB/rm March 7, !968 Mr. Oscar Cutting Bozeman City Manager 411 East Main Street Bozeman, Montana 59715 Dear MT. Cotting: I have not yet received a reply to my letter to you of last September 20th (copy enclosed) pertaining to water rights in Lyman Creek. I again request that you investigate this matter with the assistance of the City Attorney. An early reply is requested in oraer, to confirm the apparent right to use excess water in Lyman Creek each Spring. Sincerely yours, 4IM-illingt, 0. ' c Ing, M Route 2, Box 312B 30za7f1an, Montana 59715; copies: The Bozeman City Commissioners Mr. Ben E. Berg, Jr. , City Attorney Mr. and Mrs. William Huffine September 20, 1967 Mr. Oscar Cutting Bozeman City Manager 411 East Main Street Bozeman, Montana 59715 Dear Mr. Cutting: This letter is written in reply to yours of August 10th pertaininE, to water rights in Lyman Greek. in the period since receipt of your letter, certain information has come to my attention which migbt have some bearing on your statement that "all of the waters of Lyman Creek above the City's reservoir are owned en- elusively by the City of Bozeman." Specifically, I refer to the deed of q I neigHbors, the William Euffines, in which it is rather clearly stated that they have a permanent ditch right to a ditch which comes off Lyman Creek well above the City's Reservoir. In addition, it is stated they have rights for a two week period each Spring to water in excess of a certain amount as measured at the intake to the City Reservoir. I am sure that you will agree that any inaccurate statements in your letter to me of August 10th, if any such exist, should be corrected. I shall forward a copy of this letter to Mr. Ben E. Berg, Jr. , the City Attorney, and ask that you consult with him after he has had an oppor- tunity to review the matter. I would then re es aut that you write to me again, with copies to all parties concerned, wit! a summary of Berg's findings. I shall also forward a copy of this letter to Mr. and Mrs. L. A Green, my neighbors to the west. it was Mr. Green's suggest ion that some consideration be given to the possibility of diverting water from Lyman Creek. Sincerely yours, 1,101'1 jail: Millington 0. Young, M. D. copies Mr. and Mrs. William Huffine Mr. and Mrs. L. M. Green MT. Ben E. Berg, Jr. , City Attorney Mr. Ralph E. Dunahoo, Water Superintendent April 3, 1968 City Commissioners City of Bozeman Montana Gentlemen: It is our intent to exercise water rights of Lyman Creek owned by us as defined in an Abstract of Agreement dated April 15, 1909, and duly recorded in Book "O" misc, page 35, Gallatin - County records. For your information the right consists of surplus over 238 3/20th inches, measured at a point 1501 approximately above existing dam where pipes carry the city's water to its reservoir, available for one period a year not to exceed 14 days. It is our earnest desire to cooperate in all ways with the City in the use of this water. We respectfully request that we be informed the probable availability (date) of the water based on past records of the city and that we be given the name of the city's representative whom we may contact as authority of the city in any aspects as concerns use of our water right. We would like this information in sufficient time so we may clean and prepare our ditch to insure maximum benefit from the water. Very truly yours, 7 Mrs. W. N. Nuffi.ne � Rt. 2, Box 309 Bozeman, Montana y3- Zo � I tq Reculd ul THIS INDENmitRF, Made this llth day of May A.D.1906,hetween the City of Bozeman, a Municipal Corporation of the State of Montana, partv of the firs* art an 1 Rudolf 1/ogpl, of the County of Gallatin, State of Montana P the part, 9 t1 FTH, That Whereas the City Council of the said City of Boz�r..an,ydid, aPt9rednp wncriL'R�la^�Ny r gt it proceedings, on the 1Kth day of January A.D.1G06,pass Crnlnctl Resolution No.717� entitled 1 "A Council Resolution providing.for the sale of a part of the Water works Farm bR]onping to the City of Bozeman", which Council Resolution was duly approved by the Mayor City on ry of the cold the l9th day of Janua A.D.1906; and Whereas, p„rc,+ant, to said Council Rof the No. 317g,notice was published in the Bozeman Chronicle and RHpllblican Courier, two weekly 9; newspapers, 3printed and published in the said City of Hozertan, County Of pallatin,, St'nte of 6 + Montana,for three a11ec8ssivR wu:eYs in each of said nows Hrs a ' P P s solicit nN sealed bids for the purchase of that part of the Water Works Farm, described in said Resolution with the eX captions and reservations therein contained and upon the terms therein set Perth ' And wh ; duly present;, to the -ereas the sealed bids submitted were a, said City Council of said Ctt� on the 15th day Febnlar.v A.D.1906 and by the said City Coumciy refereed to its water Cor.:rittea for consideration and report; And Whereas the said water Coml mitten did, at a ragullnr session of the said City Council on the 19th day of April A.D.1906(y report and recor.mend to said City Council that. the bid of Rudolf Vogel at the rat.R of 4;14.00 per acre for that part of the said Water Works Farm 1 i described in sa.d =eso)vtion, with the iexe•Hptilins and reservations therein contained and upon the tprc.s therein sat Perth, he accept. ad, he being the highest and best bidder and said sue, being the highest and beat slim bid,and q, that the Mayor and City clerk ; f said City be i *, .,n§true ed and allthorized to sxH�lltn a proper i� deed of conveyance to the said Rudolf Vogel,for that part of the said Water Works Farm-do- scribed in said Council Resolution No. 317z with the exceptions and reservations therein con-1 11 tained and upon the terv.s thereon set forth, which report and recommendation of the said Wat Her Committee was unanimously approved and adopted by the said City Corincil at its said regu- lar session held on the said 19th day of April,A.D.1906 whi and the proceedings of' the self'said City Council relating t� t ch Council Resolution sai317 sa1 of said part of said Water Works Farm, now on Pile and of record in the office of the Citt• Clerk of the said City of Bozeman,are here referred to and rude a part of this Ind8nture; pp r NOW THG,RFIMPF;, The said party of the first part,pursuant to the said R order of the said City Council made on the said±• 19th day of April, A.D.1906, in and for the consideration of the stun of Five Thousand, one hundred and rift , four and 561100 Dollars Nti,154.66) in hand paid, the receipt whereof is horehy acknowl-dg ed, has granted, bargained and sold, and by these presents does grant, bargain and sell, con-ey and confirm unto the said party of the second part, and to his heirs and assigns, fn^HVPr, the follow'-w described real estate, situate in the County of Gallatin, State of Montana, to-wit; The north half (NI,-) the northeast nnarter of the southwest quarter (N 4 of SWk) and the northwest quarter of the SouthHast gnart. r (NPL of RFC) of Section Thirty two (32) township One (1) south, ran;;H six (6) Fast, '",.P.,',:., Sn"ing and Rxe"pting from the foregoing described lands two tracts or pareHls parttclllnrly described as follows, to- wit; Beginning at the northeast corner of setd Section thirty-two (�2)said i �.ownship and ranee, thence south along, the east line oY sari sect.inn, Pour hundred feet (400) �'ontatning west ,parallel with the north line oP said section, eight hundrad (M,)0) feet theorth parallel with the 'east line of said Section ?our hundrad (400) feet to the north line nce f said sectlan; thence east eight hundred (1300) Peet. to the lace of1 beginning said trant 7 and 97/100 acres; . Beginning at the southwest corner of the southwest quarter I P the northwest quarter (R ' of NW) of said Section thirty two (32), said township and range i hence north Along the west line of said Section night hundred (HOO) Peet; thence east thtr- r been hundred and twenty (1320) feet., more or less to the east line or so•lthweSt quarter of -a/d he northwest quarter (SW4 of N4) thence south eight hundred (800) feet to the southeast cor- er thereof; thence west thirteen hundred and twenty (1320) Peet, rorR or less, Lo the place tg 2J + f P beginning, said tract containing 24 and 24/100 acres, nora or less, the lands hereby con- �� eved eontalninF three hundred and sixty eight and 19/100 (=6.K k 19� l according to the United States Government Survey• /100) acres, more or lava g Excepting nut of this conveyance and always reserving unto the said . � arty of the first part, the City of Bozeman, full and free right and privilege at all times iiersafter to repair, or relay, the pipe line, which is now on the foregoi k` an r which may hereafter be constructed thereon, and which is, or may be hereafter,lbefl9dlinde, H i� Onnoction with the operation and maintenance of the Rozeman CIO Water Works, owned and oper- ted by the said party of the first part; or to lay down,construct and maintain new and adds- ` - tonal pipe lines over and across the f foreo P nP> described lands, and to construct and maintain� a roadway over and across the foregoing, described lands and along said pipe line now in oper- atloni or which may be hereafter constructed, by whatever route ma�� be most convenient in reaching said pipe line, the reservoir or Lyman Creek; and ftlrther all water ditches in ar>y way belonging + water rights and ng ng or appertafninr7 to the Poregoi.ng described lands, hereby conveyed, are hereby exe-opted from this conveyance and Rxpressl!, reserved unto the said par- ty of the first part, the City of Bozeman. ' TOGETHER with all the tenements heredit an andto the same belonging, and all the estate, title, interest, claimandnts demand ofpt.hee said eparty #+ of the first part therein, subject however to the exceptions and reservations herainbefore set forth. R .:j TO HAVE AND TO HOLD the foregoing described lands,l•.ith the appurtenarl- cea and privileges, subject however to the exceptions a•:d reservations herPinbePorH set forth into the said party of the second part, and to his heirs and assigns forever. And the said l arty of the first part, for its self and its successors, does covenant, with the said party j f the second part, and with his heirs, administrators and assigns, that it is I wYully Betz- i d of said premises, and the said Premises are free from all inciimbrances; and that is has, 1 s above set forth, good right and lawful authority to Sell the same; and that. it wi d ll an ,) its successors shall warrant and defend the title of said remises unto P t the said party of he second part, and his heirs and assigns forever, aFainst the lawful l claim and demand of persons whomsoever. I i THIS AGREETIENT, made and entered into this fifteenth day of April , 1909, by and between Peter 0. Standen and�yBrenden, his wife, of Bozeman, Gallatin County, Montana, //the parties of the first part, and the CITY OF BOZET kNj a Municipal corporation of the State of ?Montana, the party of the second part, witnesseth: a difference has__heret(jfo 'e . e; ist_ed, h .tween the parties hereto as to the rights of the respective parties to ',a. portion of the waters of Lyman Creek, being the creek near said City and in said Gallatin County from which said second party obtains its waterssupply for its inhabitants, and bath parties being desirous of definitely and permanently settling; all such differences, and making a!) exchange of certain lands fol the mutual benefit of the parties hereto , and the better protection of the water supply of said city; NOW THWUi FORE said first parties for and in consideration of the sum of $433. 30, lawful money of the United States to them in hand paid by second party, the receipt whereof -is- hereby acknowledged, and the conveyance to then by second party of certain portions of the Southeast Quarter of the Northwest , Quarter, and the Northeast Quarter of the Southwest Quarter of Section Twenty eight (28) Township One (1) South Range Six East , M.P.I4. , in said. Gallatin County, agree to convey to ,said second and do party by deed of even date herewith, grant , bargain, sell and convey unto said second party certain portions of Lots Two and Three in Section Twenty eight, Township One , South Range Six East in said Gallatin County, and particularly described in said deed, containing._ 34. 65 acres; And first parties agree with second party, and its succes- sors and assigns, in consideration of the premises, for them- selves , their heirs, executors, adrainistrators and assigns, to recognize and be bound by the water rights of said second party -2- to the waters of said Lyman Creek, as fixed in a certain decree dated April 21, 1896, ana entered in the District Court of the Ninth Judicial District of the State of Montana, In and for the � County of Gallatin, in a suit entitled Rachel E. Creek v. Bozeman Water Works Company, which said Bozeman Water Works Company is the grantor and predecessor in interest of said second party, as fully and completely as if said first parties-, and. their grantors and predecessors in interest had been parties to said suit; said first partAes hereby recognize the right of second party to 238-3/20 inches , statutory measurement of the waters of said Lyman Creek as the first right to the waters of said creek, and that second party has the right to convey all of said 238-3,/20 inches of water thru its pipes , conduits and reservoirs M from said creek to the City- of Bozeman, said 238-3/20 inches of water to be measured at a point in said Lyman Creek about 150 feet up the streaja from the present dare maintained by second party across said Lyman Creek at the point where said second party diverts the waters of Lyman Creek thru pipes from said creek to its reservoir; ari.d first parties agree with second party and its successors and assigns, for themselves that they will ; and their heirs , executors, administrators and assigns shall , at all times hereafter permit said 2.38-3f20 inches of water to flow down said Lyman Creek unmolested to said point designated as the place of measurement, then there shall be as much as 238-3120 inches of water flowing in said creek, and that when there is a less quan- tity of water in said creek, than 238-3/20 inches at said point designated as the place of measurement , that all the waters of said Lyman Creek shall flow down the same for said second .party*'e use as aforesaid, unmolested by said first parties, their heirs, executors, administrators or assignsi with the exception that in case the said second party is not using and has no use for all of said 238-3/20 inches of water during a time , and` said first x ._ g -3- parties may be desirous of using water from said Lyman Creek for the purposes of irrigation, said first parties may. use the surplus of said 238-3/20 inches not used. 'or needed by said City, for the purpose of irrigating one time in each year for a period not exceeding fourteen days in any one year. _. In consideration of the premises, second party agx,sse to pay first parties the sum of $433.30, Lawful money upon the execution of this agreement and deed from first parties herein- before mentioned, and second party further agrees to convey and does by deed of even date herewith convey to first parties certain portions of the Southeast Quarter of the Northwest Quarter, and the Northeast Quarter of the Southwest Quarter of Section Twenty eight, Township One , South Range Six East, M. P. M. in said Gallatin County, containing 41. 32 acres, and particularly deecrib- ed in said deed, subject to the right reserved to second party to maintain and repair the pipe lines and reconstruct, if neces- sary, or construct additional pipe lines across said lands con- veyed by second party, pursuant to said agreement; also subject to the right reserved to second party to pass thru and over sGlid last mentioned land with team or other conveyance for the purpose of going to and from the said dam maintained by- said second- party across said Lyman Creek, for the hauling of material and other necessary travel , said use to be confined to the said City'$ use only, and the agents and servants of second party in exer- cising such use shall at all times keep properly closed all gates and passageways and confine their travel to the travelled road., if any is maintained. IN WITNESS WHEID,'OF the said parties of the first part have hereunto signed their names and said second party has caused its name and seat to be affixed hereunto by its 1jayor and City Clerk r; 1 I 1 j 1 i -4- duly authorized the day and year in this agreement first above written. CITY OF BOZE2L4N . f kl By ATTEST: _ ' yore ity Clerk. State of Montana, ) ss. County of Gallatin, ) On this 15th day of April , 1909, before me ; a rotary Public in and for the St to of Fontana, personally appeared Peter 0. Breeden and (his wife ) , known to me to be two of the parties whose names are subscribed to the within instrument, and acknowledged to me that they executLed the same. IN WITIMISS VUD�EOF I have hereunto set my hand and affixed my notarial seal the day and year fir bo r _yota`r-y u lie n ann�r '^ Icy commission expir the State of Montana, residi g on the / ._.,day of at Bozeman. State of Montana, ) ss. County of Gallatin, ) On this 15th day of April , 1909, before me , Ha:rx3r A. Bolinger a notary Public in and for the State of Montana, personally appeared Charles P. llanry,, known to me to be the 1 a.yor of City of Bozeman, the municipal corporation that executed the within instrument , and acknowledged to me that such corporation executed the same. III WITNESS VlZiREOF I have hereunto set my hand and affixed my notarial seal the day and year in this certificate first above written. / Totar-T ublie in an for the State of 1ontana, Yly c ornmis s ion, e.i �i 11 residing at Bozeman. day ofl. 190� i Q � Nr� � WQ Q a M C .. 1 .( w Q. 43 ? w 43 .� i f � ..q bJ'. '�'ht�#.'��P�'• 1� 7�iA��R-'r��ff�:�vki:+Y�r"vf�' , }: ,. t ,ti �s ..ia, .:.gr,.Q'.irk;rt� .a :t ti}ttw,ai�+F.'q'•A r ;s�lY� .pti;...: ,,'.�I �/////J� GALLATIN COUNTY, IVIONTANAPG 1?1 Z- �t YINFD THIS INDENTURE, Made and entered into this 2nd day of April, A. D. 1925, by and between The City of Bozeman, a municipal corporation located in Gallatin County, Montana, the party of the first part, and Rudolph Vogel, of Bozeman, Montana, the party of the second part, Witnesseth:. That Whereas, the City Commission of the City of Bozeman at a Regular Meeting thereof held on the 29th day of March, 1923, duly passed and adopted City Commission Resolution No. 23, entitled: "A Resolution of the City Commission of the City of Bozeman, providing for the sale of city property known as "Vogel's Grove" and herein definitely described", and which said Resolution authorized and empowered the Mayor and City Qlerk of the City of Bozeman, idontana, the party of the first part herein, to enter into a contract with Rudolph Vogel, the party of the second part herein, for the purchase by the said Rudolph Vogel of the lands hereinafter described. And, Whereas, Thereafter, on the 29th day of March, 1923, the said City of Bozeman, the party of the first part herein, and the said Rudolph Vogel, the party of the second part herein, did enter into a written contract for the purchase of the property hereinafter described by the party of the second part herein; And, Whereas, The party of the second part has fully complied with the terms of said contract -and has made all payments by him to be made under the terms thereof and is entitled to a Deed from the party of the first part, for the property herein- after described, And, whereas, at a regular meeting of the City Commission of the City of Bozeman, held on the 2nd day of April, 1925, said Qommission passed and adopted City Commission Resolution No. 45, entitled, "A Resolution of the City Commission of the City of Bozeman authorizing and directing the Mayor and City Clerk to execute a con- veyance from the City of Bozeman of the city property known as "Vogel's Grove" to Rudolph Vogel. Now, Therefore, in consideration of the premises and of the sum of Fifteen Hundred Twenty five Dollars ($1525.00) lawful money of the United States of America in hand paid to the party of the first part,the receipt whereof is hereby acknowledged, the said party of the first part does hereby grant, bargain, sell and convey unto the said party of the second part, his heirs and assigns, all of the real estate situated in the County of Gallatin, State of Montana, and particularly described as follows, to-wit: Beginning at the Southwest corner of the Southwest Quarter of the Northwest Quarter (SW4 of NW4) of Section 'Thirty two (32) in Town- ship One (1) South, of Range Six (6) East, Gallatin County, State of Montana, thence north along the west line of said Section Thirty- two (32) eight hundred (800) feet; thence east thirteen hundred twenty (1320) feet, more or less, to the east line of said South- west Quarter of the Northwest Quarter (SW4 of NW;) of said Section thirty-two (32); thence south eight hundred (800) feet to the Southeast corner of the Southwest Quarter of the Northwest Quarter (SW4 of NW4} of said beotion Thirty-two (32); thence We'st thirteen hundred twenty (1320) feet, more or less, to the place of beginning; containing in all 24.24 acres, more or less. jst,�reeerving and excepting from said tract an easement of right-of-way for road purposes over and across Said tract, as such road is now laid out and used by said City of Bozeman. And yet also excepting and re- serving unto the said party of the first part, the City of Bozeman, all water and water rights that may have been or are now appurtenant to said lands; it being expressly understood that no water or water rights of any kiAd or character are hereby conveyed by the party of the first part to the party of the second part, but all such water rights are expressly reserved by the party of the first part. TO HAVE AND TO HOLD, all and singular the above mentioned and described premi- ses, unto the said party of the second part, and to his heirs and assigns, forever. IN WITNESS WHEREOF, The said party of the first part has hereunto caused this conveyance to be executed with its corporate name by its Mayor and City Clerk and the Seal of said City duly attached the day and year first above written. $2.00 revenue stamp duly attached THE CITY OF BOZEMAN (SEAL) and cancelled. By Edmund Burke, Mayor Signed, Sealed and Delivered in Attest: Walter Davis, City Clerk the presence of Fred M. Brown -May- Butte STATE OF MONTANA Be County of Gallatin On this 2nd day of April, A. D. 1925, before me, Geo. D. Pease, a Notary Public for the State of Montana, personally-appeared Edmund Burp and halter Davis known to me to be respectively the Mayor and City Clerk of the municipal corporation that executed the within and foregoing conveyance and acknowledged to me that said municipal corporation had executed the same. j � ;�o2EYAN CQpRIRR t,�tNT �R THIS INI3ENTURE, �ltada this w;„ :� day Pt,:'`s Ra h!►' ... .gut th year ., of our Ford one�thouaap4 ni4s hundres� a ijatdQ ,t t,KAa1, At .IAusn�. ¢>�4� .i„4,.xwHr i. ! spat s a.. .#,. a a,q• ... ., ... » tie party of the first dart, aid. Is;ary Yo*.el, �raifa at,to r#yr #ba lixirart » ! 1 .1IQZBRIany }.Qnt$n@ a }^ a r P .y k M t , k. hi"a y ..,t11B part, y Af tha aeeet�d part. WIT!NESSETH, That the,said part:y o! the first part, Its aid for' the co}u►ideration of .., { #Ins..iial lar..and,.athar...sal uakt7 a..a nuswidaxt�t l a lawful money of the United States of America, in hand paid, toe,receipt whereof is hereby acknpwledged, x ha a...:, GRANTED, BARGAINED and SOLD, and by:these preaents`do;.oa hereby GRANT,BARGAIN r, AND_,`SELL; CONVEX.SAND CONFIRM:unto the 'said part , of theaacond°Kart, and to heirs and assigns, forever, the following described ereai,csta Rr sltuate x n h . a C4anty of aai#s#in n... hp$tate gf Aiontan ,�awit ! is inrin at the so uthwest`corner of the'Southwrost,Qua`rter Af tho Itarthweat tivartor {o.;. of't71 ) of Soction thirty�tuo {32� fn,Toumshap`,l�ne (�),4&outh; , ' of !,.a"go' six,(6}.Tiest,.�sl�at3nCauntyr, Stan of 3'ontenra� f�et�ge r}o t#,�4 0 ��' too ors, t".line oY said,Spctitgn Thixtyt o (y i` einht fi�undredt (3u0�`'poett �! ` thence' oast,thin as hundred �ret4 v (232tl feo �, mpr ``pr leas;, to the east-i q line.' i sa}d.Snuth,'ent �iiurtor salcC'S,ection t}siity,-twa.{a jl thenco yeou tai ht hundred (100) 'r"t'to the: a.gyp t lx ' corner pF t..a'Southteest'vQua}zt, of`4o "t rtlnsegt,IQuarter (_$,. .oC of 5ostion thiiv2rtwo"("", -`'thenef0Nst h ptneci hunched"twenty``{13kQ, 011ort or lQns," a the placa`o1' b o,inw}inat i ntaialn, .in all ,4,.4 ucro�i r:nro a 1 p%,4.` .Y„t rcF�., , $ t Yin. t;td tt)CCtl tin lr0'#' 9#l1d'trw ct'an:Ulz w,f ont Or Fx a,tlGtt cowl ie '7Jod y «tieid It`- O� 3*oze uns°-�. fi - ! ...R fI'QGh'Tiik It,'}with uil the #en�m�nta horedifumenta,appurteiadncea,yiuter right#one Water drtches to the saeio Ix EtngtI and Wl,Ahe eatato, title, interest claim and domantl,ofzrho said 'art ,; of the fiat , part therein. 9Y1 HAVE AND TO IIOLp the above described premises, with the appurtenances and pav�legea'unto the'said part, �..- of the second part, and to hsg '`heirs and aaaigyls forever:` 'And said of the first part, for.' i,»ault ...and.......: .his.... heirs;adrn#n�stratora and%assigns,do�6.: covenant'-with the said part �r ,.._of the'second Bari,a»{#'tv�thra,'adminiatratora`and; assigns, that l o zA ,.. , lawfully eolzedkof°�ss}d preTnixga, and xthai sal premises are free from ail incumhrancoa, #bat hn : has ' good right agdliwful authority,to,self,the $amc and '' that...,._1 d ...wall, arid........h.i.e.,...heirs, administrators'and assigns,ahuU,wltnrant and defend the`title to ' said,premises unto the said part.;.;.......of the second part,'sttd haze heirs and assign,forever,isgalnat ,the lawful claim and demana of`pii persona whomsoever i IN WITNESS t}'IIEIiEOF,'The said part ......, of the f#rat part ha a . hereunto set , has hand and coal », the day end bear above written.,,,,:, "Signed, Sealed and Delivered'I the Presence of i 1 e E.y xe. ,a.. m+ti t ,,-•» xx:..r.:«..« "(SEAL) AID) 2( April 3, 1968 April 81 1968 Millington 0. Young, M.D. 312 North Willson Avenue Bozeman, Montana 59715 Dexi E. Berg, ( ity Attorney Dear Mr. Young: 411 1". Main Bozemer,, Montana. 597151 Your letter addressed to Oscar Cutting, as City Manager requesting my opinion of certain water rights in Lyman Creek Dear Mr. Borg: has been before me pending a search of the records. Thank you very duch for your letter of April 3 reL-ardinr From the deed record search it is apparent that you have water richtc in Lyman Croak. not acquired any water rights out of Lyman Creek for use on your land in the south half of the southwest quarter of the Your first commr;nt reGardinj7 my not acqui.rirf any water northeast quarter of Section 33, Township 1 South, Range 6 ri6,hte led me to review my lettere of Septorber 20, 1967, and East, M.P.M. On the other hand from the judgment records of March 7, 1968, to Mr. Occa.r Cutting. 1n neither one did I the District Court it appears by a decree entered April 21 riake any inquiry reg rdini; any personal water rights. I hope 1896 that the City of Bozeman is entitled to the use of 238 3/20 that your unnecessary search of tho records reUardii.g vW water miners inches of the waters of "Lyman Creek of which 150 3/20 riehtr: was not responsible for the fact thrt it haF takeii 196 miners inches has a priority as of September 1, 1864 and 88 daye to obtpdn a reply from u►;,- firet letter to Mr. Cutting. inches has a priority as of May 1, 1881. By the same decree Raeheal Creek was awarded 8 6/10 miners inches diverted at thecsueFtior;. raiscrd in my letters had to do with headgate of the city and 30 4/10 miners inches diverted below whether or riot the Huffiness had rights to water for two weeks the city's headgate both with the priority date of 1884. each year under certain conditions- Yr. Cuttir.fs latter to me of August 10, 1967, stated that "the waters of Lyman Creek abotiu Your reference to the water rights of your neighbor (Huffine) the Cityle reservoir are owned exclusively by the City of relates to an agreement between the City of Bozeman and Huffiness Bozeman and no div-:�rrion of those watery cas-i be permitted". predecessor, Peter 0. and Fanny R. Brenden under date of April 15, 1909, and reflects a possible misunderstanding of its pro- As I urderntard your leanetthy le,^P.l disertatior,, the vision. That agreement you will observe is explicit in recognizing Huffines do have certain water rights and Mr. Cuttir_fr's statewo t the prier right of the City of Bozeman to the full, exclusive and was therefore in error. unmolested use of 238 3/20 miners inches of the waters of Lyman Creek, "with the exception that in the case the party of the I also believe fir. Cuttir.C, erred in writing; to me regarding second part (City of Bozeman) is not using and has no use for all this natter im the first place. With this letter, I will cease of said 238 3/20 inches of water during the time, and said first to be iLNolved in this matter. Any further busii4eua the City parties (Huffines predecessors) may be desirous of using waters of I4ozecan has in re-ards with this matter should be conducted from said Lyman Creek for the urpose of irrigation, said first directly with Yr. and Mrs. William Hui1'ire. parties (Huffines predecessors may use the surplus of said 238 3/20 inches not used or needed by said city, for the purposes `sincerely yours, of irrigating one time each year for a period not exceeding 14 days in any one year". From the foregoing quoted paragraph, it is clear that your neighbor Huffine may use only the "surplus of said 238 3/20 inches" Pilling n 0 Y GI ". D. at a time when it is "not used or needed by said city" and then only for a period of not exceeding "14 days in any one year" fnr C'opiec: Er. Oscar Cutting the purpose of"irrigating one time each year". rj y ovWIN� 0�by (1y ��c � �r�� �h ark a� ac� �o�� V"P i h C b}d.h h W 2 \� n.� `rye+,., �.;�._c.v,c: � Q� ` �� ���' CC.t p`t K� c��S �-z,r•"� 4 April 1966 4 April 1968 Mrs. W. N. Huffine Rt. 2, Box 309 Bozeman, Montana 59715 Mrs. W. N. Huffine Dear Mrs. iiuf f ine: Rt. 2, Box 309 We are enclosing herewith a copy of the letter that our City Bozeman, Montana 59715 Attorney hen E. Berg, Jr. addressed to Dr. M. 0. Young relative to subject of water rights pertaining to Lyman Creek. We are sure that Dear sirs. Huffine: the contents of that letter will be of benefit to you in giving you I' this record of the rights now existing. In further reference to the discussion i,eld with you at the City Cowcuissiou meeting on 3 April Reference is made to your inquiry of 22 March in regard to the status of City land adjacent to Lyman Creek that has 1968, this will also advise you that the measurements of the Lyman been under lease for pasture for a number of years. Creek stream flow are conducted by water Superintendent Ralph Dunanoo or his employees whici,, in additiou to the records on file in the City Engineer's office, uay be wade available fur your review, An investigation of this matter and identifying the tract however, the determination at any ticue as to the City of Bozeman need to which you refer as nearly as possible reveals that this City D for the full amount of its water right in Lyman Creek will be made by D property continues to be under lease to Mr. L. M. Green whose the City ,tanager eased upon tiie situation that exists at the time in lease payments are current and who advises that it is his desire to continue this lease. the overall City water system. we will continue the policy ble for other lease consideration at this time. of the City that has existed for a It would, therefore, appear that this land is not availa- number of years of atteripting to consider our watershed neighbors in time of need but it rsust again be emphatically stated that the first responsibility of the City of Bozeman to the citizens of this community is to insure that its water rights are maintained and protected. Sincerely, It will, therefore, be our continued desire to assist you in your need for water but only under those circumstances that will not in any way jeopardize the City's rights and there appears to be a very OSCAR E. CUTTING City Manager clear situation that does not jeopardize the prior need of the City. I am more than hopeful that circumstances will permit continued OEC:WS cooperation with and from our neighbors so that the good relations we have maintained in all of the areas of the City's water supplies will continue. Sincerely, OSCAR E. CUTTING City Manager OEC:WS CCs: R. C. Fargo, City Engineer Ralph E. Dunahoo, Dater Superintendent enc. Millington O. Young, M.D. April 3, 1968 4 April 1963 Page 2 With regard to the relative priority of the Creek and Brenden rights, referred to above, your attention is also directed to case numbered 12-4562 in the district court of Gallatin County, Montana Mrs. W. N. xuffine where on October 25, 1912 Peter 0. Brenden was enjoined for inter- Rt. 2, Box 309 ferring with the prior rights of Racheai E. Creek to use of the uozea�an, :Montana 59715 waters in Lyman Creek. In other words, both the adjudicated rights of the City of Bozeman and Racheal E. Creek are superior anti prior to any right of Peter 0. Brenden, and his successors, Dear Mrs. iiuffine: to the use of the waters of Lyman Creek. we are enclosing herewith a copy of the letter that our City In view of the fact that the city 's water right for municipal Attoraey Bea Berg, Jr. addressed to Or. M. 0. Young relative to purposes out of Lyman Creek is an old and established water right, subject of water rights pertaining to Lyman Creek. We are sure that every effort will be made to protect the city in its continued the contexts of that letter will be of benefit to you in giving you enjoyment and use of these waters. this recore of the rights now existing. In further reference to the discusaion field with you at the City Commission meeting on 3 April Respectfully submitted 1968, this will also advise you that the measurements of the Lyman Creek stream flow are conducted by kater Superintendent kalph iuuahoo or xis awployees ::hick, inaidditiou to tan reccrds on file ') e -r , Ik in the City tagineer'a office, nay, be wade available fcr your review, BEN 'E. BERG, City Atto]1,6ey D however, the determination at any time as to the City of Bozeman need for the full amount of its water right in Lyman Creek will be made by the City Xanager based upon the situatiow that exiats at the time in the overall City water systE.m. BEB/rm we will continue the policy of the City that has existed for a number of years of attebptir.g to co:.sider our watershed neighbors in time of Geed but it :gust again be empliatically stater: that tLe first tespousibility of the City of Eozemau to th4; citizens of this cormunity iS to insure that its water rights are ir.air~tai"ed and protected. It will, therefore, be our continued desire to assist you in your need for water but only under those circumstances that will not in any way jeopardize the City's rights and there appears to be a very clear situation that does not jeopardize the prior need of the City. I am more than hopeful that circumstances will permit continued cooperation with and from our neighbors so that the good relations we have maintained in all of the areas of the City's water supplies will continue. Sincerely, OSCAR E. CUTTINC City :tanager UEC:WS CCs: R. C. Fargo, City Engineer Ralph E. Dunahoo, Water Superintendent enc. 8 March 1968 March 22, 1968 Mr. Oscar Cutting, City Manager City of Bozeman M E M O R A N D U M Bozeman, Montana Dear Mr. Cutting: TO•. Mr. Ben E. Berg, Jr. We would like to make inquiry as to certain city land adjacent to Lyman City Attorney Creek waterhsed which has been leased for pasture in previous years. We are very interested in being able to bid for or request use of this pasture should it be available to us. The land to which we refer lies Reference is made to the matter of water rights in Lyman on the northwest of the waterhsed and consists of approximately 40-50 acres of summer pasture. This pasture has been used in prior years by the Creek inquired into by Dr. M. 0. Young in his letter of 20 September Clyde Williams o r L. M. Green place. We would appreciate very much any information you can supply us at an early date. Thank you. 1967 and a new letter from him dated 7 March 1969, copies of. which I JL1 Very truly yours, notice he has forwarded to you. :I I do not know yet if you are satisfied with the investigation �ljL U Mrs. W. N. Huffine LJ you were making of Dr. Young's water right but I am hopeful that you Rt. 2, Box 309 Bozeman, Montana will now be able to advise me in regard to making proper reply to Dr. Young. OSCAR E. CUTTING City Manager OEC:WS 10 August 1967 Dr. Milton O. Young 300 N. Willson Bozeman, Montana 59715 Dear Dr. Young: It has been reported to the City of Bozeman Water Department that a diversion of water from Lyman Creek has been made apparently to serve your newly developed property on firidger Road. Without pursuing this matter further, we must inform you that the water rights to all of the waters of Lyman Creek above the City's reser- voir are owned exclusively by the City of Bozeman and no diversion of those waters can be permitted. Our investigation of this matter, however, reveals that a water right does exist, independent of Lyman Creek, in which your property should share which migat, upon development, serve your pur- pose. Full information in this regard may be found in the office of our City Engineer which we would be pleased to have you review, if you so desire. It is also possible that our Engineer could make helpful suggestions to you for the development of that water in your interest. Sincerely, OSCAR L. CUTTING City Manager OEC:WS CCs: Ralph E. Dunahoo, dater Superintendent Ben E. Berg, Jr. , City Attorney