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HomeMy WebLinkAbout1989-09-06-MIDDLE CREEK WATER USERS' ASSN'N Sept . 6 , 1989 City of Bozeman Water Dept . P. O. Box 640 Bozeman, Mt . 59715 ATTENTION: City Manager Wysocki Dear Sir: The Middle Creek Water Users ' Association Directors request that the City Water Dept . control the water coming through the city water supply in Hyalite Canyon during the winter months ( November 1 through May 1 ) so that it provides an even flow at all times. Due to complaints down stream, we feel it necessary to strictly comply with the policy of monitering the water going through the city water supply dam during the year. This is the procedure used in the past to control the fluctuation of the flow but request' a regular monitering of the flow. Sincerely, I Richard Boylan , President MIDDLE CREEK WATER USERS' ASSN'N. D/D i I I A RANCHERS PRIMER ON WATER RIGHT LAWS FOR MONTANA WATER USERS * Water Right Laws by Judge W. W. Lessley, Judge of the 18th Judicial District A Plain Language Explanation This explanation has been prepared by your judge at your request. It makes no attempt to be a scholarly and legalistic approach to the subject. Its purpose is to state the elementary rules of water law in simple and plain lan- guage, that you may have a general knowledge of this most important property right. That does not mean it is not a statement of the law and does not follow the decisions of our Courts on the subject. It merely means, it contains general statements of that law in the language of the rancher. If you have a specific problem in water law, you should go to your lawyer, immediately, and get specific advice on your particular problem. Right to Use No one person owns an inch of water in the State of Montana. A person has a water right which gives him the right to use that water when he needs it. He does own the "use" of water. But his "use" is limited to a- proper use of that certain amount of water. After he has made use of the water, the owner of that water right must turn it back into the stream for the benefit of others on the stream who also own a use, later in time to his. He cannot use his water for his own needs and then rent it, give it away or sell it. We come back to the fundamental rule that water right ownership is limited by use, by the rights of others on the stream-and the amount of water in the stream. Your ownership of a water right is not like the ownership you have of your cows,, horses, pigs, farm equipment, and cars and is different, even, from your ownership of land. As toyour cows and cars you can kill, destroy, sell and use almost irregardless of the rights of others; it is as near absolute as any ownership can be. But your ownership of a water right is limited to the use and that use is in relation to the mount of water in the stream, the date of the water right, the needs on your land, and the relative rights of your neighbors on the same stream. This characteristic is a fundamental one of the doctrine of appropriation, which is the law in Montana. Obtained by Appropriation The common law doctrine of riparian rights does not apply here in Montana. As we stated above the doctrine of appropriation is the law of water rights here. That doctrine can be most simply explained in this way: A water Published with permission of Montana Reclamation Association, February, 1956. -2- right is determined by time; the law puts it "first in time, first in right. " There are two ways in which water may be appropriated in this State. The first, is by the rules and customs of the early settlers of this state; this is the method of a completed ditch for some useful or beneficial purpose. Suppose you had 200 acres of land of which 100 acres could be farmed and you could irrigate it from a particular creek; you could plow part of the 100 acres of land and start digging a ditch, say--on the 1st day of May 1886, and suppose you kept right on digging the ditch with "diligence" and finished it on April 1887. You would have an appropriation of 100 inches of water of the date of May 1, 1886; this by reason of a doctrine or rule of the law called, "relation back". The second is by the rule of posting as set out in the written law; this is the method of posting and filing notices. Here, you follow the written law, by posting a notice of your intention at the point of diversion (where you are going to take the water out), file a copy in the office of the county clerk and recorder within 20 days there- after, and proceed with due diligence to put water on your land. And again, by the doctrine of "relation back" your appropriation will be of the date of the posting. In both methods of obtaining a water right the use of the water need not be immediate; it can be a prospective or contemplated use. You, of course, in both instances must control the land that needs the 100 inches (water is limited to actual necessity) but you need not own the land. Decreed Rights We have spoken of appropriated water rights. Now we shall discuss "decreed" water rights. One of the easiest ways to explain a decreed water right is to call it a "quick frozen" appropriated water right. Decreed water rights all come about as the result of a water suit, which is really a quiet title action of water rights on a stream, joined with an injunction (court order) re- straining all parties to the decree from interfering with the water of the other parties. All the parties who use or claim the use of the water from a stream and its tributaries are brought into court; they are required to set up their claims to the use of the water. The court hears all this testimony (a small water suit can last for three or four months!) then examines and adjudicates and sets dates of priority of use of all the water on the stream and its tributaries. All of this, number of water rights, amount, date and who owns the use of the water right is set up in a court decree. When so established it can be enforced by the court through a contempt proceeding, through administration by means of an appointed water commissioner. The Judge of the court concerned must, on petition of 15 percent of the water rights affected on a decreed stream, appoint one or more water commis- sioners to measure and distribute the water. Notice it is not 15 percent of the "water users" but 15 percent of the water rights; so a petition by one person who has 15 percent of the water rights on a particular stream may be sufficient. The water commissioner is an "arm of the court"; he takes an oath, furnishes bond, keeps record of his daily distribution of water, and can refuse to distribute water to those of you who fail to maintain your headgates and install proper measuring boxes or weirs. -3- Related to Other Rights Once a water right is obtained by either of the two ways mentioned it is a right modified by the amount ofAhe water in the stream, the rights of others on that same stream, and the needs of the owner of the water right. This water right that you own, however old it may be, gives you only the right to use the water when you need it. And this need is only to the extent of your actual need, and then you are obligated to turn it back into the stream from where it came so that your neighbors with later rights may have the use of their rights which are later in time. This is a two-way street; you have the same right against older water rights than your own. Transfer of Right Water rights are "appurtenant" to the land; appurtenant means attached; they are so attached to it and they will be transferred with the land, even though not specifically mentioned in the deed of the land, though a good lawyer will take care to see that it is mentioned. Of course, land can be sold without the water right, but it must be stated that this is what is done. A water right can be sold and conveyed by deed, but the person who buys it, buys it in relation to all the other water rights on that stream and the person who sells it cannot continue to use that water right after he has sold it.' That should be clear, because if I sell you 100 inches of water and you use it, and I continue after the sale to use the same 100 inches of water sold, w'e have burdened the stream to the extent of an additional 100 inches of water and our neighbors who have a later water right to use will be hurt. Change in Point of Diversion While it is true that an earlier appropriator of a water right may change his point of diversion (place where he takes out the water) the place where the water is used or the purpose of the use, only and this is a most positive and rigid rule, if he does not in any way interfere with or cause harm to the other water users on the stream. Think that over for a while and you will see the close interrelation of water rights on a stream and the danger of change either by point of diversion, use or sale of water rights. How you Can Lose Your Right But your water right is such a right, that it continues indefinitely, unless it is lost in either of two ways. These are: lst, by permitting an adverse use or, Znd, by abandonment. It is not easy to explain these two legal concepts of adverse possession and abandonment to men who are not lawyers. But this we can say: The facts of each case will determine its outcome. Since our Courts have held that the right to use water is a property right or real estate (so much so that it passes with the land even if not mentioned in the deed) so it follows if a person uses your water right for 10 years (now changed to 5 years) adversely, -4- openly, continuously, uninterruptedly, notoriously and when you needed the water, he may acquire your water right by adverse use. Abandonment is even more difficult to apply to specific situations. It is a question of intent and act; and it does not depend on your failure to use the water for a certain number of years. You could lose your water right by abandonment in the period of 24, 48 or 72 hours. For example, suppose you went away and left the land on which the water was used, and at the time you left made known your intention to leave and to abandon the use of the water, and stated you did not intend to return. Just as length of time is not the controlling factor, a person might not use his water for a period beyond 10 years, but if that ten year period covered a time when there was no intent to abandon, no need for use of the water, still there would not be abandonment of the water right. Ditch and Water Right are Separate A ditch right and a right to use water (water right) are separate and distinct. The abandonment of one does not necessarily mean the abandonment of the other. There is a relationship between the ditch right and a water right that must be mentioned, and that is that the size of the ditch through which the water is conveyed and the amount of the water right, as determined by the person's needs and facilities, have a definite connection. So if the needs of the owner of the water right is larger than his means of diversion (ditch), then the size of the ditch limits the amount of the water he may use; if the size of his ditch is larger than the amount of water he needs for beneficial use, then his needs limit the amount of water he may use (of course, never more than his water right). How Much Water When we talk about the "duty of water" we speak of the amount of water reasonably necessary for the proper irrigation of a tract of land. In Montana, almost from the beginning of water law cases, it has been considered that in ordinary soil conditions, with an average length of ditch, that an inch of water per acre is the required amount. This is not a static thing and may vary in case of great seepage, evaporation, and land that is sandy and porous, and a long ditch, requiring more and then again in case of a large field under more favorable conditions requires less. But it is the standard in this State and any variations must be justified by the peculiar conditions then and there existing. "Inches" means, of course, miner's inches; the statutory rule in Montana as to measurement is cubic feet per second of time; a cubic foot of water is equal to 40 miner's inches. One cubic foot flowing 12 hours will amount to one acre foot, or enough water to cover one acre of land one foot deep. -5- Summary 1. A person with a water right does not own it; he owns only the right to the use of it. It is a property right and is protected by the law. 2. This ownership of the use of a water right means a person's use is for a beneficial purpose, use for proper irrigation, and to the extent of his legitimate need in each season, and in relation to the other owners of water rights on the particular stream. 3. Water rights are acquired in Montana in two ways: (1) by rules and customs of the early settlers; completed ditch for some useful and beneficial purpose; (2) by rules of posting and filing notice with the doctrine of "relation back. " 4. Water rights can be lost in two ways: (1) Adverse use of (2) abandonment. Both adverse possession and abandonment are legal concepts and there is no rule of measurement; each determined on the particular facts. 5. A ditch right and a water right are separate and distinct rights. There is this relation, however, as to the amount of water that may be used; if the ditch is larger than the water right, then the needs measure the water, if the water right is larger than the ditch then the ditch measures the water. 6. "Duty of water" is the amount reasonably necessary for the proper irrigation of a tract of land. The standard accepted by our Supreme Court is one inch to the acre; there is, however, no magic in this and it may be more or less, depending on the local conditions. 7. The legal measure in our law books is cubic foot of water per second; a cubic foot equals 40 miner's inches. BOZEMAN CREEK WATER RIGHTS — F o r e w a r d — In Montana the right to the use of water from a stream not adjudicated by the Courts may be acquired in one of two ways. First by posting a notice on the stream and filing a copy of same in the office of the County Clerk and Recorder of the county wherein the appropriation is located and then proceeding to divert and use the water. Secondly, a person may divert and use the water from a stream without posting or filing notice, in which case a water right based thereon has been recognized as valid by the Courts. Whenever it becomes necessary to adjudicate the stream both methods of acquiring rights have been recognized by the Courts and the amount of water finally decreed and dates of priority in either case are determined by the evidences and proofs. Under Montana law there is no restriction as to the amount of water one may designate in his notice of appropriation. As a consequence the amount set forth in the filing in no way indicates the amount being diverted and used, nor does it show whether or not the water was ever used at all to perfect the right. Furthermore, there is no relationship whatsoever between the amount of water filed on and the normal flow of the stream. To further complicate this matter there is no law of aband— onment in Montana. Action must be brought in Court to abandon a right which makes it almost impossible to prove abandonment if the defendent wishes to oppose the action. In a strict sense a water right does not imply ownership of the water in the same way as does a deed to a tract of land or a certificate of title to an automobile. A water right implies only the right to divert and use the water. Water when stored in. a reservoir, however is recog— nized as real property which may be sold or disposed of as desired by the owner. The ownership of the water of our rivers and streams rests in the State and the rules under which the State grants to the individual the right to use these waters are known as Water Right Laws. s t Bozeman Creek Records in the Gallatin County Courthouse indicate that there are twenty—eight (28) filings on Bozeman Creek and its tributaries totaling fourteen thousand, eight hundred sixty 14,860 miners inches or the equi— valent of three hundred seventy-one and five tenths (371.5) cubic feet per second. (Note accompanying data sheet) Adjudicated rights on Bozeman Creek total three cases involving twenty—three decrees, three thousand five hundred thirty (3530) miners inches or eighty—eight and twenty—five hundredths (88.25) cubic feet per second. Case 6-1333, Case 9--2493, Case 9-3030 (Note accompanying data sheet.) During the years 1915 and 1916 proceedings were undertaken to extend, improve and enlarge the City water system and at that time the City acquired by purchase from various parties four (4) shares of the Bozeman Reservoir Company. This amount of water did suffice until approximately the year of 1919. In the year 1920 due to the inadequacy of the supply and to meet the needs of the City it was necessary to purchase an additional supply of six (6) inches of 1866 decreed rights along with part of the SE4, SW4, Sec. 31 T1S, R6E, for the sum of $3550 from Effie Whitney and further for the sum of $500. the use of fifty (50) inches of water from Elmer Williams during the year 1920 and thereafter, also during the year 1923 it was necessary to purchase after use an additional supply from John Goldenstein for the sum of $350. During the years 1925 - 1926 - 1927 and 1928 the City did purchase for use an additional supply from Elmer Williams and pay him therefor the sum of $150 per year, without acquiring any permanent right to the use thereof. In the year 1929, the City did acquire by deed for the sum of $2500. and one (1) share of Bozeman Reservoir Company Stock fifty (50) inches or 14 cubic second feet of 1866 adjudicated water right of creek water from Elmer Williams, (a portion of the Menefee rights). —2— In June 1930 to meet the pressing needs of water during the summer use the City acquired fifty (50) inches of adjudicated 1866 rights (por— tions of the James Mardis rights Case 6--1333) from John H. Goldenstein for the sum of $5,000. In July 1931, the City of Bozeman acquired from John H. Goldenstein for the sum of $5,000. a deed to an additional fifty (50) inches of decreed rights 1866 ( a portion of the James Mardis rights). Mr. Golden— stein reserved a condition that he would be allowed to use 50 inches of water each year up to the loth day of July and that he would pay the City $10.00 per day of use. During the year of 1937 the City obtained from Elmer Williams for the sum of $7800. a deed to the SJ, EJ of SE4 of Section Six (6) Town— ship 3 S, R6E and a portion of Section 5 of the same township and range a total of 100 Acres together with all water rights including twenty—five inches of Bozeman Creek adjudicated rights 1878, (Amos Williams right Case #6-1333) along with one and one—half shares of Bozeman Reservoir Company capital stock. Also in 1937 the City obtained title to eighty (80) acres of land described as the NJ. NE4, of NEI of Section 1, Township 3 South, Range 5 East in order to obtain One (1) share of Bozeman Creek Reservoir Company capital stock. The amount of the total transaction being $4,000. In the year 1939, the city bought the following described real estate Ei, SE4 of Section 6 and also a part of the SW4 of Section 5, Township 3 So, R6E, comprising of 100 acres and included in the transaction were fifty (50) inches of 1866 adjudicated rights (portion of R.P.Menefee rights) and twenty—five (25) inches of 1878 adjudicated rights (Athos Williams right, of Case No. 6 -- 1333), and also one—half (J) share of capital stock in the Bozeman Reservoir Company. Beginning in 1948 and consumating in June 1952 the City obtained from Paul Smith & Nora Smith an eight (8) acre tract, part of the NW4, NE�, Sec. 6, T2S, R6E, for the sum of $13,000. and a right to seven (7) inches of adjudicated 1866 waters of Bozeman Creek (part of the Nelson —3-- Story and W. H. Tracy right Case No. 9-2493). On June 29th, 1959, for the sum of $500. the City of Bozeman obtained from the Montana Flour Mills (Malcolm C. Story and Rose A. Story) 800 inches of water in Bozeman Creek thru McAdow ditch September 1865 rights (adjudicated December 27, 1901 Case No. 9-3030). Note: Point of diver— sion of this water is in the SE4 of Section 7, T2S, R6E, and would commonly be called flood rights. M Y S T I C L A K E Bozeman Reservoir Company Records in the Gallatin County Courthouse reveal that there are eight (8) filings on the waters of Mystic Lake and six (6) small lakes in the immediate vicinity totaling nine thousand (9,000) miners inches or two hundred twenty-five cubic feet per second. The first recorded filing June 7, 1881, by Arch Graham, John Hanson, George Craig, W. W. Woolverton, Benjamin F. Bisell, Marion Flaherty, and Robert Menefee, and known as the Mystic Lake Company claimed the right to dam the outlet of Mystic Lake at the head of Bozeman Creek to the height of 8 feet and to raise the dam so made to whatever height they might find necessary at any future time without interfering with the natural flow of the stream for the purpose of saving the surplus waters, water which are not utilized for any purpose until needed for irrigation and they also claimed the right of way to convey said water down the natural channel of Bozeman Creek to the points of diversion. As indicated in the filing, this action would be on flood waters ard excess waters only. On the Seventh day of December, 1891, Elias H. Williams filed on One thousand (1000) inches of water from an unnamed lake about one and one-fourth miles east of what is known as Mystic Lake and which water empties into Mystic Lake, for the purpose of irrigation, mining, milling, manufacturing and other lawful uses and beneficial purposes. That the water was intended to be used and appropriated for the use of the farmers of neighborhood lying along Bozeman Creek and for the use of the inhabi- tants of the said farming neighborhood and the inhabitants of the City of Bozeman, County of Gallatin, State of Montana for mining, milling, manufacturing, domestic and other useful and beneficial purposes. -1- The notice stated that he intended to divert such water and to collect and store the same by means of a dam to be constructed at the outlet of said lake and by running the water so collected and stored by the dam and to be reservoired thereby, from the outlet of said lake to and into Mystic Lake aforesaid, and thence to convey the same from said lake by means of a pipe or flume thru the outlet of said Mystic Lake into the channel of said Bozeman Creek to be thence conducted and distributed to said inhabitants of said farming neighborhood and to said City of Boze— man by means of ditches tapping said Bozeman Creek, the particular place of intended use however of said water being upon his ranch and farm in Sections 5 and 6, Township 3 South, Range 6 East, County of Gallatin, State of Montana. This appropriation was filed a total of six times at one minute intervals beginning at 3:01 P.M., December 7th, 1891, for a total of 6,000 inches. BOZEMAN CREEK RESERVOIR COMPANY On September 13th, 1901 a notice of appropriation right was drawn up by T. F. Stevenson and F. W. Bull, President and Secretary respectively of Bozeman Creek Reservoir Company, in behalf of the directors of said company and filed on September 20th, 1901 for 3,000 miners inches stat— utory measurement continuous flow of the waters of Mystic Lake and Bozeman Creek and their tributaries, inlets and outlets situate in said County of Gallatin and State of Montana for the main purpose of irrigation and for other useful beneficial purposes. That the waters so appropriated and acquired consist: (a) Of all the surplus waters of said Mystic Lake and said Bozeman Creek not owned by prior appropriators. (b) Of such additional quantities of water as may be added by said Bozeman Creek Reservoir Company to the natural and ordinary quantity of water contained in said lake and creek by means of the construction of a reservoir or reservoirs at such point or points at or near said Mystic Lake as determined competent and adequate for the conservation of the —2— waters of said lake and its various inlets and outlets and tributaries including the waters of said Bozeman Creek, it being the purpose and intention of said Bozeman Creek Reservoir Company to so appropriate, store and conserve the waters of said Mystic Lake, said Bozeman Creek and their tributaries by the construction of a dam about thirty (30) feet high and about 150 feet to 400 feet in length along the top thereof, to be built of earth, stone and other suitable material across the said Bozeman Creek at a point at or near where said Bozeman Creek flows from and forms the outlet of said Mystic Lake. The waters so dammed, reser- voired, appropriated, and owned to be run thence down and thru the natural channel of said Bozeman Creek to such points along said creek as ditches could be constructed to divert such water. The channel of said Bozeman Creek being capable of carrying said quantity of water. The main purpose for which said waters were so appropriated were as follows: (a) To be used upon the lands of the stockholders of said corp- oration for irrigation, culinary, domestic power and other useful and beneficial purposes. The surplus shall be subject to sale, rental and disposal to any person, company or corporation. The waters could be used for mining, milling, delivering to any city, town, village or municipality in said County of Gallatin, or to the inhabitants thereof for any useful or beneficial purpose. The Bozeman Creek Reservoir Company was duly incorporated March 6th, 1901, by T. F. Stevenson, F. W. Bull, William Roth, and E.D. Johnson, Directors, to acquire by purchase, appropriation, construction or other lawful means, water rights, water ditches, water privileges, canals, pipes, flumes, tunnels, reservoirs, aqueducts and conduits for the conveyance of the waters of Mystic Lake and its tributaries, inlets, out- lets and the right to the use of the said waters in such quantity as may hereafter be required by such corporation.. To also locate, construct, equip, maintain, and operate a reservoir or reservoirs at such point or points at or near the said Mystic Lake as may be determined expedient and adequate for the conservation and appropriation of said waters of -3- said lake and its various inlets, outlets and tributaries including the waters of Bozeman Creek and to sell, lease and deliver the water so appropriated to any city, town, village or municipality, to also purchase, hold, develop, improve, use, lease, sell, convey or otherwise dispose of water power and sites thereof and lands necessary and useful therefore for industries and habitations arising or growing up in connection with or about the same. The amount of capital stock of said corporation was $10,000 consist— ing of twenty (20) shares of five hundred (500) dollars each, fifteen of such shares in the amount of $7,500 were immediately subscribed. The term of such corporation was for a period of twenty (20) years. On June 27th, 1922 the Bozeman Creek Reservoir Company was incorpor- ated to take the place of and take over all of the property, rights, titles and interests of the defunct "Bozeman Creek Reservoir Company" of March llth, 1901 to March llth, 1921. The term of existence of the new corporation was for forty (40) years. The purposes of the new corporation were identical to the original company. The new directors were listed as C. E. Sime, L. M. Constant and Peter Nash. The amount of capital stock of said corporation was for Thirty thousand dollars ($30,000) consisting of Sixty (60) shares of Five hundred dollars($500.) each. The actual shares subscribed to were twenty (20) in the amount of Ten thousand dollars($103,000.) On June 25th, 1962 at a Special meeting of the Board of Directors held at its principal place of business at 10:00 A.M., the said Directors Kenneth Kraft, Harold Klumph and Oscar Cutting adopted a Resolution cert— ifying the extension of Corporate Existence of the Bozeman Reservoir Com- pany for a period of forty (40) years .from the date of June 27th, 1962. —4— MYSTIC LAKE Location: Mystic Lake is located in Lots 1, 2, 3, and 4 of Section 30, Town- ship 3 South, Range 7 East and in the Southeast one—quarter of the South— east One—quarter of Section 25, Township 3 South, Range 6 East. Inform— ation on the original print of the dam construction discloses that only a small portion (the outlet) of the original lake of approximately 15.8 acres in area lies in the extreme east one—half of the Southeast ones-quar— ter of the Southeast one-.quarter of Section 25 Township 3 South, Range 6 East; the greater portion of the original lake lying in Lots 3 and 4 of Section 30 Township 3 South, Range 7 East. Area: A contour traverse fifteen (15) feet above the level of the orig— inal lake encloses an area of thirty—eight and eighteen hundredths (38.18) acres, and a contour traverse thirty (30) feet above the original lake level encompasses an area of fifty—six and sixty-.two hundredths (56.62) acres. The break—down of the reservoir area at the thirty—foot level above the original lake is as follows, SE', SE4 Section 25, One (1.0) acre; Lot One (1) Section 30, eleven and six hundredths (11.06) acres; Lot two (2) Section 30, thirteen and seven hundredths (13.07) acres; Lot Three (3), Section 30, seventeen and five tenths (17.50) acres; Lot Four (4) Section 30, fourteen and one—tenth (14.10) acres; Drainage Area: The elevation of Mystic Lake is about 7600 feet above sea . level. The drainage area is approximately 6.4 square miles and reaches an elevation of about 8500 feet above sea level. The peak run-off occurs as the result of melting snow. There is very little information avail- able on stream flow at that elevation, but using a high water mark of June, 1932 and a spillway flow of 106 second feet gives a run-off factor of 16.6 second feet per square mile. Dam: According to Mr. Ancel Portnell, (Water Master for the Bozeman Creek Reservoir Company and the City of Bozeman,) construction of a small dam across the outlet of Mystic Lake had been started some time before the —5— y r Bozeman Reservoir Companyfs structure but the construction was closed down due to lack of approval and a permit from the Forest Service. The project was permitted under an easement granted by the Department of Interior under the Act of March 3, 1891 (Sec. 18 to 21) an, Act of May llth, 1898. No stipulation covering Forest Service interests was signed as a prerequisite to granting of the easement. The records show that the dam was constructed in 1903 and 1904 under the supervision of S. Fortier, C. E. as Consultant Engineer and C. M. Thorpe as Construction Engineer. The dam was originally constructed as an earth fill 43 feet high measured above the outlet pipes (one of 16" and one of 12" diameter) installed ten (10) feet below the natural surface of the lake. The top width was thirty (30) feet and both the upstream and downstream slopes were 2:1. The plans indicate a rubble masonry core wall approximately four (4) feet thick at the bottom and two (2) feet thick at the top which ended two (2) feet from the top of dam. The up-stream face of the dam was rip-rapped. A timber spillway was constructed approximately 100 feet from the southeast end of the dam. In 1919 a new concrete spillway was constructed approximately thirty (30) feet from the northwest end of the dam. In August of 1932, Mr. F. E. Thieme, Regional Engineer of the Forest Service together with other Forest Service personnel and Mr. Arnold then City Manager of Bozeman made an inspection of the conditions at the dam. It was noted in that report that during the 1932 runoff there was a flow of 2.2 feet in depth in the spillway leaving only a freeboard on the dam of .9 of a foot. According to the report the Reservoir Company had been installing flash boards in the spillway to enlarge the capacity of the dam and this practice was ordered discontinued and the recommendation was made that the crest of the dam be raised to the height of the spill- way cover slab. This was done according to information received. In 1959 the dam was raised approximately two feet in height and a new concrete spillway 185 feet long and 20 feet wide was constructed approximately sixty-four (64) feet distant southeasterly from the north- west end of the dam, a PAszsNA L flume was installed at the end of the -6- outlet pipes. Theodore T. Williams was the consulting engineer employed by the Bozeman Creek Reservoir Company to design and supervise the above work. Ingolph Johnson was the contractor performing the construction. During the fall of 1964, a contract was let by the Bozeman Creek Reservoir Company to Wallace Diteman, Inc. Contractors for the purpose of dismantling the old gate structure and installation of a new outlet control in the amount of $5162.63. The work consisted of dismantling the old log crib and catwalk above the outlet valves on the 12 inch and 16 inch outlet pipes, down to the masonry foundation removal of the 12 and 16 inch valves, pouring a concrete interliner and installation of a 24" X 24" slide gate Armco Model 50-10, with a hand wheel on the crest of the dam, cutting a 2 X 4 inlet in the face of the old masonry base, installation of trash racks over the side inlet and top of gate wall. The design for this work was done by the Soil Conservation Service of the Department of Agriculture and the writer, with the writer super- vising the construction. In 1967, some major maintenance work was accomplished on the lower end of the spillway floor, by the city water department under the super- vision of the City Engineer. A longitudinal crack had developed in the center of the spillway floor slab and several holes had developed by erosion in the slab undoubtedly caused by seepage along the old spillway location. This repair was accomplished by mudjacking with a mixture of masonry cement, washed sand and the addition of a small amount of bent- onite for lubrication purposes. Holes were drilled thru the slab at several points and the mortar was injected under pressure until it emerged from the holes in the immediate area, the process was then continued to other holes until the flow of water had completely stopped and all cracks were filled by the mortar. The procedure had to be carefully watched in order to keep the pressure from raising the slab and causing further opening of the cracks. -7- Reservoir Capacity: The original lake area of 15.8 acres was estimated by C. M. Thorpe to contain about one hundred (100) acre feet in volume, the area encom— passed by the fifteen (15) foot contour (38.18 acres) computed at 404.85 acre feet capacity and the volume between the fifteen (15) foot contour and the surface area of the thirty 30 foot contour above the original lake level computed at fifty six and sixty two (56.62) acres being seven hundred eleven (711) acre feet; a total volume of one thousand one hundred and fifteen (1115) acre feet capacity above the original lake level or a grand total of one thousand two hundred fifteen acre feet. According to the plans on file in the City Engineers Office, the elevation of the top of dam is 102.2, the floor of the spillway 96.2, the side intake and low end of the slide gate opening 61.5 and the invert of the 16 inch outlet pipe 55.84. According to the available records the outlet pipes were installed ten (10) feet below the original lake level. This then would set the original lake level at 65.84 elevation. With the opening of the slide gate at elevation 61.50 the approximately 5.66 bottom feet of the original capacity of 100 acre feet or about forty—five (45) acre feet would not be available for use. This would then reduce the capacity of the original lake water that would be available for use to about fifty—five (55) acre feet and the total capacity at 30 feet above original lake level approximately one thousand one hundred seventy acre feet. Since the original lake level has been established as being elevation 65.84, the elevation of the thirty foot contour would be 95.84. The spillway floor elevation is 96.20, a difference of .36 of a foot, graphically this would net an additional .48 of an acre in area and an additional 20.4 acre feet in volume, making the gross area of Mystic Lake at capacity fifty—seven —8— and one tenth acres and the gross volume capacity approximately 1190.44 acre feet. Flow Measurements: In the original survey notes of the Mystic Lake Dam, Mr. Thorpe stated that he made two measurements of the creek flow at the outlet of the lake. On August 25th, 1891 by measuring the cross-section and timing of floats he calculated a flow of 2.46 cubic feet per second. Again on November 26th, 1897 he measured the creek at the same point by the weir method and found it to be two (2) cubic feet per second. There has been very little information available on flow measure- ments of Bozeman Creek. During the interval 1937-1947 the Forest Service in conjunction with the Montana State College operated a gauging station approximately one mile above the City of Bozeman water intake, available data from this station is included herein. In 1967, the Forest Service and the City of Bozeman, re-activated this gauging station. The Forest Service furnishing the recorder and the City of Bozeman, doing the maintenance. Flows from the charts were computed by Professor Ted Williams of the State University and are listed in this report. Flow recordings are kept only during non-freezing weather. In 1968, Montana State University in conjunction with a Bacteriol- ogical Study of Bozeman Creek Watershed installed two Parshall flumes. One flume was installed on the South Fork of Bozeman Creek above the con- fluence with the main creek the other flume was installed on the main stream, slightly above the City water intake. The University staff have assembled the data on these flows and the information is included in this report. One must bear in mind that the flow records of the Forest Service Gauging Station and the large Parshall flume immediately above the City Water Intake Structure include the flow of waters released from the Boze- man Creek Reservoir. Records from the Forest Service Gauging Station re-activated in 1967 show the following minimum and maximum flows in cubic feet per second. -9- Year Month Maximum Minimum 1967 May 173 —1 1967 June 130 122.5 1967 July 48 31 1967 August 47.5 21.5 1967 September 25 »1 1967 October 36.5 1 1967 November 188.5 7 1968 April (26th on) 77 17.5 1968 May 205 75 1968 June 205 100 1968 July 88 51.5 1968 August 73.5 27 1968 September 51.5 16 1968 October 45.5 27 1968 November 27 21.5 --10— FLOW RECORD Bozeman Creek Gauging Station 1937 — 1947 Run—off in Second—foot days. Year May—June July—August TOTAL _September 1937 3183 2400 5583 1938 3772 1709 5481 1939 2112 1937 4049 1940 3154 1889 5043 1941 1786 2000 3786 1942 3471 2181 5652 1943 41o6 2342 6448 1944 3473 2311 5784 1945 3331 2404 5735 1946 2536 1660 4196 1947 4969 2871 7840 Note; The above information was obtained thru the courtesy of P. E. Farnes, Snow Survey Supervisor, Soil Conservation Service, Bozeman, Montana. Mr. Farnes is of the opinion that the above came from Mr. 0. W. Monson's original records while Mr. Monson was affiliated with Montana State College. —11-» SUMMARY O F C I T Y W A T E R Bozeman Creek Reservoir Company Acre Acre Cubic Miners Gallons Gallons Gallons Inch Feet Total Feet Inches Per Per Per Day Per 24 Cubic Gallons Acre Per Shares Description Montana Second Minute 24 Hrs. Hour Hours Feet Total Feet Second 1 Cubic second foot 40 7.48 448.8 646,272 .992 1.983 1 1 Miners Inch (Montana) .187 11.25 16,156.8 .0248 .049575 1 Acre foot 43560 325,850. 1 Million Gallons 695 3.0659 1.547 (24 Hours) Total Storage of Reservoir 1190 76 (Dis— charge 401 head) 1 Share *100 18.7 1125 1,615,680 24,619,520 2.5 3 Shares *300 56.1 3375 4,847,040 67,858,560. 7.5 City Owned 6 Shares *600 112.2 6750 9,694,080 29.752 135,717,120. 416.5 15 *14 Days —12— S U M M A R Y O F C I T Y W A T E R Bozeman Creek Rights Acre Acre Cubic Miners Gallons Gallons Gallons Inch Feet Total Feet Inches Per Per Per Day Per 24 Cubic Gallons Acre Per Shares Description (Montana) Second Minute (24 Hr.) Hour Hours Feet Total Feet Second 1866 Creek Rights (Adjudicated) 213 39.8 2396.25 3,441,398.4 5.2824 10.559 1,256,110,416 3854.0 1878 Creek Rights (per year) Second Adjudicated 50 9.35 562.5 807,840. 1.24 2.479 -*294,861,600 (per year) 904.8 Insufficient flow in creek during irrigation to satisfy rights. Lyman Creek First 150 3/20 inches 1864 88 inches 1881 238 3/20 44.534 2679.19 3,847,741.92 11.809 5.9538 (Adjudicated) tt 231 43.197 2598.75 3,732,220.8 11.455 1,362,260,592 4181.0 5.7750 Middle Creek Reservoir Assoc. 937,378 2.877 45,738,000 342,143,000 1050 529.5 ( 24 hrs.) 1956 Additional 146o .» 1,303,400. 4.0 63,597,600 475,741,000 1460 736.3 (24 hours) TOTAL 19,916,317.20 3,866,833,728. 110866.3 Average yearly flow 1961-1969. -13- . . , `',� SUMMARY In this study of the Bozeman Creek Watershed including Mystic Lake, we have endeavored to include all factual information available. Consider— able time and effort has been spent in researching records in the Gallatin County Courthouse, City of Bozeman, other governmental departments and private sources. In many instances this report will be lacking due to insufficient information available in that pertinent area; Flow measurements on Bozeman Creek are at the best inadequate, due partially to non—continuous records and lack of overall co-ordinating flow measurements. Flows of Bozeman Creek vary greatly, as shown from the measurements taken during 1967-1968 a low of less than one cubic foot per second to a high of 205 cubic feet per second. Information received from Mr. Portnell seems to verify these facts over a longer run than the gauging has been done. One must bear in mind that the flow tabulations on Bozeman Creek normally include water released from storage in Mystic Lake, especially so during the summer months. As in most instances the flow in Bozeman Creek does not satisfy the rights filed; In fact do not satisfy the adjudicated rights of 1865 to 1874 at times and 187E rights are more or less classed as flood rights. Reservoir shares as noted herein under the re—incorporation at sixty (60) shares with only twenty shares issued. By—laws of the corporation state that no shares not already issued shall hereafter be issued except by a two—thirds vote of the stockholders. - ( The by—laws of the corporation also state that no member except the (city can control more than one—fourth of the total shares. N According to calculations the maximum storage in the reservoir would be approximately 1190 acre feet allowing a. total of 59.5 acre feet per year. Regulations set by the stockholders restrict the use per share to 100 inches for fourteen days or a total of 22,619,520 gallons of water. Three shares would be 67,858,560. gallons per year. —14— The Water Superintendent, Mr. Ralph Dunahoo, advises me that the average daily use at this date (1969) is approximately 4.5 million gallons per day. Based on a population of 18,000 people this would calculate to a use of 250 gallons per capita per day. Thence 67,858,560. gallons divided by 250 g.p.c.d. would equal 271,434. capita days of use, or at at the present rate of use would provide enough water for 15 days. Research into price trends for water rights was not very successful. Only a few sales between individuals in the last few years were available. These were for water rights on the West Gallatin river. These sales were for $50. an inch for 100 inches of water which in reality would entitle the purchaser to a larger volume of water than the 14 day restric— tion on the reservoir water. Taking all factors into consideration and with the knowledge that the city should obtain all the water it can, I would recommend that an offer of $5,000. a share would be more than fair. Respectfully Submitted, ROMAN C. FARGO City Engineer -.15— 06-10-86 Engineering office WATER USAGE Water usage and diversion records have been examined for the past 10 years for the City of Bozeman. A review of the diversion records indicates a complexity concerning its use for projection purposes. The Primary reason for this statement is the state of change in the recording and accuracy capability within the system. In the past, diversion records have been kept based on headgate settings at the points of diversion. Since the water treatment plant has been constructed, more precise flow rates have been recorded. one example in this regard is system overflow. In the past, overflow amounts were not able to be measured. A majority of the overflow water is now measured at the water treatment plant. Recent water usage and diversion rates have been found to be affected by certain variables. The dry weather during the past two summers would undoubtably increase usage. The institution of water use restrictions has indicated a significant influence. Also, the daily period of plant operation has influenced usage. In an attempt to equate the variable of plant operation to actual usage, the amount of water diverted to the system was analyzed. A tabular listing of three usage patterns is included on the attached sheet. The numbers listed in the column represent the volume of water reauired to be diverted in order to meet all usage requirements. In the example listed Pattern 1 , it is found that 420 MG of water would need to be diverted to meet daily and hourly usage requirements. Over the entire month, 14 MG of water would need to be diverted. Actual usage would be less, and may range from 8 to 10 MG daily. The diversion patterns are described in further detail below. The first diversion pattern indicates a projection of percentile monthly amounts. The monthly amounts are based on historic diver- sion percentiles corrected to the current service area population equivalency. It should be noted that amounts listed have not been actually recorded by the water utility since useful records were not kept during the water plant construction period. Summer record- ing at the water plant was initiated last year which was affected by water usage restrictions. In summary, Pattern 1 represents the current water diversion require- ment anticipated for historic diversion patterns and limited plant operation. It has been proven the water plant need not operate on a continual daily basis throughout the year to efficiently provide an adequate water supply. Therefore, a higher diversion rate of water is directed to the system. During the months the plant is not operating on a 24-hour basis, diverted water is overflowed back to the stream. A review of the annual diversion rate indicates an excessive amount of water per capita is needed for diversion to ensure an adequate daily and hourly supply. The graphs previously prepared for reliable water available for diversion is also attached. The monthly diversion requirement for this pattern is superimposed onto the first graph. This information indicates a potential water deficit would occur should the stream flow availability only equal the amounts considered reliable for diversion for planning purposes. It is also assumed that historic diversion patterns have been reduced due to increased water rates and community conservation awareness. The second pattern is based on the anticipated monthly diversion requirement if water restrictions were imposed. The plant operation has been left at only the time needed to efficiently provide an adequate supply. The obvious difference to Pattern l is the decrease in needed water to divert during the summer months. However, it has also been noted that late fall and early winter diversion requirements were reduced following the summer water use restrictions. Since the plant influent could be reduced, the amount of overflow water is also projected to be reduced. Again, the information listed in the second column of the table is superimposed onto the reliable yield graph. This graph indicates a surplus of water reliably available for diversion. The third pattern indicates the monthly projected water diversion requirements if water use restrictions were imposed and daily plant operation was extended to 24 hours. As anticipated, the overflow amount has been reduced to maintenance and backwash periods of plant shutdown. It is anticipated that water diversion will begin to approach actual usage thus providing the most efficient use of the resource under current operating conditions. The annual diver- sion rate Der capita would be well within acceptable national levels for the size of the service area. This diversion pattern has also been imposed on the reliable yield graph. As with the second diversion pattern, a surplus of reliable yield for diversion is available. The information presented in this report has been utilized for the direction of operation of the water system. Besides the considera- tion of available water, water plant operation is also based on costs primarily regarding personnel and energy. These two primary items have been incorporated into the current plant operation policy. I This information has also been used to formulate the basis for hiring an engineering firm to perform a feasibility study of the water delivery system. It is anticipated that plant operation can be manipulated by the installation of an appropriately sized fluctuation reservoir. Water that would be overflowed back to the stream can be captured and used to supplement daily plant in- flow at critical times. This operational technique is envisioned to accomplish Pattern 3 of water usage without needing the plant operate 24 hours a day. Patterns 2 and 3 indicate a surplus of available water for potential growth. The surplus amounts are envisioned to be augmented by additional water. Additional water is anticipated to be acquired from the rehabilitation of Hyalite Reservoir, rehabilitation of the Lyman Creek system, new instream water rights based on reservations to be filed on behalf of the City, and possibly groundwater sources. As these, and other, sources of water are pursued, additional infor- mation will become available regarding anticipated growth allowance. A reliable data base for projections of diversion requirements and usage will also be available with continued operation of water plant and system. DIVERSION REQUIREMENT June 10, 1986 25, 000 Pop. Ea,. Service Area Pattern No. 1 Pattern No. 2 Pattern No. 3 January 200 MG 170 MG 120 MG February 200 MG 170 MG 120 MG March 240 MG 180 MG 140 MG April 240 MG 180 MG 140 MG May 260 MG 190 MG 150 Mr, June 400 MG 250 MG 200 MG July 420 MG 260 MG 200 MG August 290 MG 190 MG 150 MG September 260 MG 180 MG 140 MG October 240 MG 180 MG 140 MG November 200 MG 170 MG 120 MG December 200 MG 170 MG 120 MG 3,150 MG (345 GPCD) 2, 290 MG (250 GPCD) 1 ,740 MG (190 GPCD) Overflow 1, 050 MG 760 MG 175 MG Noi.16'1N.�S�d�d.�Gy �1/sadwo� •— • /✓3'3116'©/ NO/Sd'.�A/Q Hl NO W cc v o s d r r w b w r /V c3�.a�'11 f1d 000'/ (��✓ fi/2� Ot�G'2 �r�nivtvy 'Y --*oar 9996 Hd9 9LSb 000;, �.,r �voisd%��ip `7+�.�1'EsA► a 1 ss sr- *- ••�•�+v 5WO7d� f✓dJ bz%fi _ b d9 6Z9fi 0001 G✓d9 SSSS 1 IddI9 £db9 Nds 9109 r -{ass Zit n,/ Ivs9 ao Z `-f✓d ssss o00'9 ,41d9 8/09 W OW4*9 659E fda►9 6b� } 1/d9 60/y0 0002 /Mo7,� Nr/9 QEr tL✓ N�9 90/8 00ole +1 to M Ale9 6926 00016 ` 0 w O wd9 65Z6 DOO'©/ wd�22t b �1�/I9 /be6 w 000W OF H1 N O L1t a t4 o s d r r w d w r "Oz (mil✓ OS91 � /Nd91"�b!£ Se6 �✓d� 5E69' 000� 76'n/VIV !wd`JSE60 t 19/f.� Nd� 86F�6 WJ9 91�h • — - 000 jy i�d9 E56/y i ` •j-�-d O/O 6 = �wn�0 Ald°J' B66/,? �d��a�s' b �e� Sssh 0007 i �— �(Nd9a419 IA k 000�9� 659L Nd9 lNiB? !/d9 haho 00018 � A� . `c to�+► L 'C 1696 a a 3 oOCt%/ 9A w 000'2/ N%ld1Na''S�'c�d.�d/ .�1/soa+woa • — - /►�c>'�11f�� !vO/Sr�'�/I/� H1NOW d -N o 5 d r r w d w d r Ooo'� (qA1 oozi) 400`2 1Y'b' 21 P�� = Sn�dc3'n s' ird� e«z _ _ _ _�i OQP E' 4, Nd9�9LL2� 7b'nNNu !✓d9 7 2E 1.�•d OtO 6 s ��n�o� � �d� ba91, b � woos . l ,l NI9�iGl9 � w CPO-�► �, #VW9 6S8L Nd76�6�89 1�i9 6v�p 0002 /MC7T,7� NI9 O£J�� /d/9 9PlB 000,9 Y ^C t 3 00016 ° oN o00'0/ 0 i�i� l686 _ 000'%/ h SupPlY The City acquires its municipal water supply from three local watersheds. Surface water diversion from Lyman Creek, located in the west front of the Bridger Range, was developed as the first source of supply for the City. This supply system now consists of a stream intake, 18-inch reservoir supply main, a 5.3 million gallon reservoir and an 18-inch City supply main. This system provides gravity flow service to the City, north of the Interstate. This supply is periodically pumped to provide service to areas south of the Interstate highway as conditions warrant. Once the Lyman Creek supply became inadequate, surface water diversion from Bozeman Creek was developed. The City initially acquired instream water rights from Bozeman Creek in 1920. Additional instream rights and storage contracts from Mystic Lake were acquired in subsequent years. The Bozeman Creek supply consists of a stream intake, treatment plant supply main and southside water treatment facilities. Hyalite Reservoir construction was completed by the State of Montana in 1951 . This storage project provided an additional source of supply for municipal growth. The City developed an intake, stream diversion and supply main on Middle (Hyalte) Creek in 1958. The City has acquired contracts for 2,905 acre- feet of water within the 8,027 acre-foot reservoir. In accordance with the Water Marketing Agreement, water is available for release from the dam during the annual period from May 1 to September 30. -L- Since diversion facilities were in place on Middle Creek, the City submitted a winter-time water use application and an irrigation use sever and sell application for Middle Creek waters to the Department of Natural Resources and Conservation in October, 1978. 1 These two requests were submitted in an attempt to supplement City water rights during usage periods which exceeded available supplies. Both requests were granted by the DNRC on January 9, 1985. The water use permits were granted for only that water the City could put to beneficial use during the winter and that irrigation water which was historically consumed by the irrigated crops. A complete listing of the municipal supply water use rights and purchase contracts are listed on the following pages. Usage Actual demand and usage is difficult to predict for a variety of reasons. In the past, the City has not had accurate or adequate measuring devices to predict actual water usage and overflow. The Water Treatment Plant became operational in May, 1984. Since that time, accurate water treatment, release rates and reservoir levels have been tabulated by plant personnel. This detailed information has been recently examined and found to provide an inadequate basis for projecting "normal" water use patterns. The information available for examination represents less than two years of record., However, more importantly, an examination of the records also indicates several related factors significantly affect water usage and diversion patterns. The factors identified from water records examination include seasonal weather patterns, stream flow characteristics, plant operating techniques and the BOZEMAN CREEK STREAM RIGHTS (Municipal Consumption) Date Acquired by City Amount Priority Date Period of Use May 25, 1920 6 MI (67 gpm) 1866 Continuous January 16, 1929 50 MI (561 gpm) 1866 Continuous July 1, 1930 50 MI (561 gpm) 1866 Continuous July 25, 1931 50 MI (561 gpm) 1866 Continuous February 11, 1937 25 MI (281 gpm) 1878 Continuous April 3, 1939 50 MI (561 gpm) 1866 Continuous April 3, 1939 25 MI (281 gpm) 1878 Continuous April 28, 1948 7 MI (79 gpm) 1866 Continuous October 21, 1970 50 MI (561 gpm) 1883 Continuous MI = Montana Miner Inch MIDDLE CREEK WATER USERS ASSOCIATION Contract No. Acquired From Date Acquired Amount (A-Ft) 3 Montana DNRC 02-08-51 500 4 Montana DNRC 02-08-51 550 88 Montana DNRC 03-21-56 1,450 74-A Paul B. Smith 08-04-66 10 6-B Lucien, Benepe 08-11-76 20 15-A-2 Fred Pack 10-03-80 75 70-A-1-B Virgil & Phyllis Jahnke 10-03-80 50 89-A-1-B Virgil $ Phyllis Jahnke 10-03-80 50 61-A-2 H. B. Landoe (Westfield Annex. ) 02-16-84 50 13-A-2 H. B. Landoe (Westfield Annex.) 02-16-84 50 30-A John R. Pasha 06-17-85 50 91-A-1 Edwin and Hilda Walker 07-22-85 20 85-A-1 Edwin and Hilda Walker 07-22-85 30 Total 2,905 A-Ft. Note; Period of Usage is May 1-September 30 Stream delivery shrinkage is 20 percent. MIDDLE CREEK STREAM RIGHTS Date Acquired by City Amount Priority Date Period of Usage Limiting Volume December 29, 1980 38 MI (426 gpm) July 1866 ) May 25-June 10 ) and ) December 29, 1980 76 MI (853 gpm) October 1869 ) June 25-July 10 ) 301 A-Ft. and ) December 29, 1980 38 MI (426 gpm) July 1873 ) August 1-August 10 ) 128 MI (1,436 gpm) October 23, 1978 September 15-April 15 1,330 A-Ft. i LYMAN CREEK WATER RIGHTS Priority Date Amount Case No. of Decree Period of Use September 1, 1864 150 3/20 MI (1685 gpm) 7-1594 Continuous May 1, 1881 88 MI ( 987 gpm) 7-1594 Continuous 2672 gpm MI = Montana Miner Inches BOZEMAN CREEK: 'USERVOI:R COMPANY Mystic Lake Shares Purchased From Date Acquired Amount* and Period of Use 4 Original Stock June 27, 1922 400 MI for 14 Days or 200 MI for 28 Days 11-1 Elmer 4 Gertrude Williams Feb. 11, 1937 150 MI for 14 Days or 75 MI for 28 Days George Huff April 3, 1939 50 MI for 14 Days or 25 MI for 28 Days 2 Harry 4 Virginia Corning Oct. 21, 1970 200 MI for 14 Days or 100 MI for 28 Days 1 Harry & Virginia Corning Sept. 15, 1971 100 MI for 14 Days or 50 MI for 28 Days 1 G-B Properties June 27, 1973 100 MI for 14 Days or 50 MI for 28 Days 10 Total Shares *MI = Montana Miner Inch implementation of water-use restrictions. Projecting water usage is greatly affected by these primary factors. For instance, water-use restrictions implemented in July 1985 reduced municipal usage during the summer months by approximately 60 percent. Varied operational hours of the water plant has a direct affect on the diversion rate which is dependent on the pre-established use rights. Since operational hours and techniques are somewhat based on budget concerns as well as available stream flow rates and projected usage, continued change is expected to occur until a satisfactory balance is achieved. A review of usage records from the summer of 1985 indicated that due to lengthy dry conditions, the daily operational capacity of the water treatment plant was nearly being realized. Initiation of water-use restrictions in July ensured peak daily usage would be less than plant and reservoir capacities. Therefore, it becomes apparent that water conservation measures, especially during peak daily and seasonal periods, will extend existing water use rights and utility faciliti,e4, The need to acquire additional water use rights and optimize the use of existing rights is essential to provide continued growth. Methods which are being utilized by the City in this regard are discussed below. As part of the current annexation policy, the City is requiring the transfer of water suitable and available for municipal consumption in an amount equal to the projected demand. The water diversion rate is based on the allowed uses within the zoning and projected population densities. Should a land owner not have suitable use rights for municipal consumption, the City would collect a cash-in-lieu fee based on the anticipated cost of acquiring the predetermined volume from the proposed Hyalite Reservoir rehabilitation project. The State of Montana is currently exploring the need to rehabilitate the Hyalite Reservoir dam. As part of their study, it has been proposed to enlarge the usable storage impoundment. This proposal is based on hydrologic studies and projections of reliable yield of the Middle Creek watershed. Should the project become a reality, the City intends to consider acquiring the new storage water for future growth. The feasibility of the rehabilitation project and availability of new storage water has not been finalized by the State. The City has purchased additional contracts to stored water within Hyalite Reservoir within the past year. This method of expanding the municipal supply does not involve the transfer of water use rights, just the contract to purchase water from the project. Therefore, the water is available for municipal use without the need to utilize the sever and sell procedure with the State. The DNRC has been directed by the Legislature to coordinate a water reservation proceeding in the Upper Missouri Riv-e-r Basin. In this effort, the DNRC will be hiring a qualified consultant_ to prepare and complete an_ annlication for th-e reservation of future water use rights for the City. The consultant to be hired will be forecasting population and water usage trends to provide a basis for reserving water for future municipal use. The detailed scope of work is currently being prepared by DNRC. The City will be assisting in the tirovision of necessary data to ensure all considerations are taken into account in Urepara- tion of the proposed reservation. -J- System Improvements Certain water system improvements have been identified as immediate needs. These proposed projects are discussed below. In order to approach the optimum use of the existing and future stream use rights, the City staff is proposing the construction of a water storage basin near the water treatment plant. Currently when the plant is not operating on a 24-hour per day period, water diverted during portions of the day is wasted to Bozeman Creek. These waters could be stored in a basin rather than wasting the water or have it lost down the stream if not diverted. Proper basin sizing would allow the diversion base rate be reduced and supplemented by overnight storage during plant operation. This improvement is to be funded with the recent water rate increase approved by the PSC. Another improvement recommended is the protection from contamination of the Lyman Creek supply. This source of supply eminates primarily from springs within the stream bed. Full scale filtration or treatment is not currently considered necessary for this supply. However, to protect the quality of the source of supply, the City and State Health Department have identified certain improvements for this system. These improvements include spring development, extension of the reservoir supply main to the springs and covering the open- cavity storage reservoir. These improvements are projected to be funded with the recent water rate increase approved by the PSC. As the service area continues to grow, additional improvements or facility expansions must be addressed. The capacity of the water treatment plant (10 MGD, 7000 gpm) can be extended in time by continued user conservation efforts and key system improvements. The City will likely need to add filtration -6- capacity at the plant within the next ten years. The building is sized to accommodate doubling the filtration capacity if the similar treatment method is continued. Besides a pretreatment storage basin, the City will need to eventually provide additional storage within the distribution system. The location and size of storage will be predicated on growth areas, system pressure and other system conditions. At some point in time, the City will need to review pressure distribution within the system and possibly consider the establishment of various controlled pressure districts. I 1 i °- 1 1 w a _ I � � \ Q/ H 1 U � w > w i1009 � 0 W OD LLJ ..-- Joe Q m -� r?) D Q t t+ I � w J o 0 / '� 010"OeP 1 , I/ I r 1 r _ r r Engineering Office WASTEWATER TREATMENT The Bozeman wastewater treatment facility was expanded and updated to the tertiary treatment process and became fully operational in October of 1982. The recent construction at the wastewater plant was undertaken to increase treatment capabilities for future growth and ensure meeting the stream discharge permit for plant effluent . The design and construction of the treatment plant expansion was funded through the EPA Construction Grants Program which is adminis- tered by the DHES Water Quality Bureau. The plant expansion was approved by the EPA to provide service to a projected population growth of the service area to 36,062. It was contemplated during the facility plan approval process that the stated population figure would be met in the year 2000. Based on waste generation projections, the wastewater treatment plant capacity was constructed for a future, average daily flow of 5. 78 million gallons per day (MGD) . Total organic loading for the average design flow was projected to be 8, 574 pounds per day, and total suspended solids was projected to be 7,219 pounds per day. The various facets of the treatment process were -designed- and based on the parameters listed above. The current service area of the wastewater treatment plant is estimated to be 23,000 population. Population projections were made for the additional, undeveloped property within the City limits. This figure is estimated to be an additional population of 27,000 and is based on zoning considerations. The total of these two figures indicates the City is obligated to provide wastewater treatment to a current population estimate of 50,000 within the City limits. The treatment plant collects wastewater by gravity flow from within an identified service area and can collect wastewater from a future , gravity flow service area. Both service areas are delineated in the May 1979 Wastewater Facility Plan. A combined future service area outside the current City limits was examined for population projections based on master plan land use. The combined future service area was developed by overlaying the water service area onto the wastewater service area. Population projections were made for the duplicate service areas which are out of the current City limits. The total area was estimated to be 5,480 acres and the population projected to be 53,200. The current plant influent was reviewed. As of March• 1986, the average daily plant inflow is 5.1 MGD. This represents 88 percent of the design- average daily flow of the plant . The current population provided service by the plant is 64 percent of the design criteria. These figures indicate excessive sewage collection system inflow and infiltration is occurring. Collection system rehabilitation and other improvements would reduce infiltration and inflow and thus extend the capacity of the plant . The current organic loading to the plant is also higher than the design rate anticipated. Inflow and infiltration reduction in the collection system` is not expected to reduce the organic loading of the influent. Both factors mentioned above indicate that consideration of plant expansion may be necessary prior to the design year of 2000 and service population of 36,062. Since plant hydraulics and organic treatment will need to be addressed, considerable plant expansion construction items are anticipated. Facets of the pretreatment , primary, secondary and tertiary treatment and disinfection processes must all eventually be expanded. Consideration for the need for plant expansion and collection system improvements is apparent when examining current inflow parameters. The need is critical when considering the existing and future service areas which total 103,200 population. An updated and detailed analysis of flow and loading parameters, and expansion construction alternatives should be made to reliably predict the timing and extent of improvements needed for future growth. This type of study could also result in the establishment of a basis to develop system connection fees or annexation impact fees to provide capital for needed improvements as the service area grows. " IId VC un11c vUL nuy ue,w, un ub, aan, nut ruk;a�,y, au ministrator of the state Co �rce Department's trans- spite the presence he Union Pacific and the Soo Line portation division. The state ,as participated with grain in the state. . shippers in the case. It also noted that, while BN has competition from. A BN spokesman in Seattle declined to comment on trucks and barges,the railroad has been able to"capture the ruling,saying that the railroad hadn't had a chance to " ,•:, :; go over it. Gasoline I ozeman'a water ri hts g r, I, Bozeman owns the `j { Bridger ` rights5urces for wetter from OPVA 1 i � four s+ It holds LYMAN CREEK MOUntilns �~ several rights on each y ;, may go 1864 priority: , creek,but probably will 2.43 million gpd not,gat to exercise all ti r 44"M 1861 priority: Lyman Creek y /� - of them this year be- v�.,, Fig- over _ 1.42 million gpd re58NOi[ ,.cause of an expected Water'shorta e.The 1881 water g rights probably will be ` ures are In gallons per lost his year. day. WASHINGTON(AP)—The aver- MIDDLE CREEK g p g BOZEMAN 1661 priority: into James Woodcock age rice of gasoline should climb 614,000 gpd Al in the rain back over the$1-a-gallon mark this 1869 priority: lfn HarIOWtOn, summer,slowing the growth of driv- 1.22 million gpd 1873 priority: ing and resulting in a drop in fuel use 614.000 gpd for the season,the Energy Depart- ' Tt a itrYl@ftt All but the 1866 rights probably will be ment predicted Wednesda lost this year. s.Now,we're in a P Y• plant tion,"he said. The quarterly forecasts of energy markets and supplies b de �� BOZEMAN CREEK ns have not com- PP Y the art- P 1866 priority: I the soil moisture ment's Energy Information Adminis- , Q,Q' i 3.4 million gpd t country,but has tration also saw higher crude oil G 1878 priority:828.000 gpd ire in the fuel con- prices and fairly stable domestic 1883 priority: crude oil production from now into `ab 828.000 gpd next spring. All but the 1866 ;e 12A) The average pump price of gaso be rights hiso e line of all grades,including state and O 1 210,275 gpd cannot be retrieved because It Is local taxes and lumping together full- Nip taken below the city diversion point.A service and self-service stations,was :3 — farmer can claim 93 cents a gallon for all of 1986,87 808,750 gpd until mid- cents during the summer and 90 C June each year. cents in the first three months ofob . r0 1987,the department calculated. This year,the summer average tt� Jj ..,fe will be $1 and that figure should rise Mystic )( ! two cents a gallon in each of the fol- Lake s c1 Ld Y lowing quarters,it said. \ . After accounting for inflation,the ,thausen told re- real price of gasoline will be 11 per �.,+. ty. "I see his ap- , cent higher this summer than last, HYALITE LAKE portunity for us to and this should mean a 1.2 percent 2s,b t the at or p water,but the water ether as a chuch decline in usage to 7.18 million bar clatlose20msis Gallatin.., h� ry difficult period rels per day,the forecast said. percent between the Ran ertainty." Supplies should be adequate be- reservoir and the city's 9 diversion. unthausen is my cause inventories are well above nor- Hyalite ihy said."I really mal,it department said. rd to sharing this Driving increased by 5 percent R6SeCVOIf .� Jerson I respect." last summer over the 1985 season, A to say whether but this year the increase should be >liberal than Hun- about 2.1 percent,it said. • depended on the By the end of May, at least 12Bozeman might see an opponent of the states will have installed 65 miles perer - intana, but when hour speed limits on rural interstate could demonstrate highways.- water -rights dr u he arms race,as The forecast said the base price e replied,"I have of crude oil would average$18 for the final three quarters of 1987,rising to 'age 12A) $19 for the first half of next year. By ROBERT EKEY Gazette Bozeman Bureau WATER wa s i n 'Vest BOZEMAN—With one telephone call, the city of Bozeman can lose IN THE rights to 800,000 gallons of water per Baker, head of the Injury Prevention Center at day from Bozeman Creek. WEST Johns Hopkins School of Hygiene and Public Health,pub- The call would come from a farm- lished her findings in Thursday's issue of the New Eng- er south of Bozeman,who kept the land Journal of Medicine. right to use the water in May and The highest death rates were seen in counties with June during low water years if neces- Related Fifth fewer than five people per square mile. And most of the sary.The farmer sold other rights to story on p in a counties with high death rates are in the western half of the city years ago. Page 3C. o series the nation,especially the Rocky Mountains. The farmer thus has the option of Esmeraida County, Nev., for instance, has 777 resi- controlling about 25 percent of the dents spread over 3,587 square miles, or 0.2 people per water the city could draw from Boze- The flows from Lyman and Boze- square mile.Its death rate was 558 per 100,000. man Creek during low water years, man Creeks are available year-round People who live in the rural West often have to travel according to Dick Holmes,public —based on the priority date for the- long distances to get where they need to go,while many works director for the city. water rights.The 1866 and 1864 priori-' city people never drive at all. Bozeman's water supply situation ty dates are generally honored in low Baker said many factors probably underlie the trend. is a good example of how compli- water years,while priority dates of They include high speeds traveled in rural areas, bad cated—and how fluid—the idea of 1878,1881-and 1883 are lost. roads,less seat-belt use,poor access to emergency care water rights can be. But,of 213 miners inches with the and more use of pickup trucks and utility vehicles. She The city has in-stream rights in earliest priority date on Bozeman noted that these vehicles are easy to overturn, and pas- Middle,Lyman and Bozeman Creeks, Creek,the local rancher has kept the; sengers in the back of pickups also are exposed to fatal in- Plus stored water capacity in Hyalite juries. Reservoir. (More on Water,Page 12A) M UU1111111:111 nip,,i„�••�, •••••• •.••--__. „�.-,, _.- er the variable-cost method is the br long seven years,"he said. ma e. i Y.r. the results N .�e,„ work" he said. Last September the Vatican ac- Erven Park nt Kptu,,ht-r ing park roads closed by up to 5 in- cused the archdiocese of granting too Roman Catholic i.atty for T s of heavy,wet snow dumped by a many annulments,granting general another Hunthausen critic, che absolution of sins without confession, pleased at news of m assists spring storm system. allowing intercommunion with Prot- "The key phrase is rig RainPark spokesman Amy Vanderbilt From Page Otis said Sylvan Pass,Craig Pass and the Beartooth Highway were expected to He said the smokejum,-r fire remain closed Wednesday due to Center at West Yellowstone will sail S.., w and hazardous driving condi - open a week ahead of schedule.Fire- tions.Since springtime snow storms r, fighters weeks ago were notified aren't unusual in Yellowstone,trav- they would be needed early this year elers are advised that storms can because of the dry conditions two close roads and that snow tires or - weeks ago. chains may be required,she said. . , - "Since we already had it in motion r to open early, we decided to go The weather service issued a ahead.There are some people there flood warning for the area from Still- now,"Starkey said. water and Carbon counties east to r Starkey said the long-range fore- Custer and Powder River counties. cast supplied to forest fire managers Meanwhile, a motorist said he tr • , calls for above-average tempera- saw a "pretty extensive"tornado touch down near Wilsall in south- tures and average precipitation for the remainder of the summer. western Montana on Tuesday after- Crews in Yellowstone National noon but said it apparently didn't - cause any damage. Park were busy Wednesday reopen v� To try to enhance the city's water supply,city officials are not lookingWa, ter ; at purchasing more water rights. e Their immediate attention is on From Page One building a surge basin to catch water -. - from Bozeman and Middle Creeks right to use 50 miners inches in May near the city's water treatment WIN16A 4-door i and June. (A miners inch is equal to plant. ' 16,157 gallons per day.) During heavy use times,the city's Honda Accord for a year. . "We could lose 50 miners inches storage tanks are drained during the "__ivith one call,"Holmes said. day,then filled up at night.After the Step right up — all you have On Middle Creek, the city can storage tanks are filled,the city must to do IS come to Selover take up to 152 miners inches in good let water to which it holds rights pass years and only 38 miners inches in by the city because there is no place and register* low water years, and only during to store it if it were collected and two-week periods in from May 25 to treated. **Winner must license and insure the car for June 10,June 25 to July 10 and Aug.1 Bozeman City Commissioners re a year.. No purchase necessary to win. to Aug.10. y Entrants must be 18 years old to enter. :. s ,cently hired an engineering firm to Need not be present.to win. Hyalite reservoir water flow down Middle Creek after releases design a 20 million gallon surge basin are requested by the city, although to be located near the water treat- 'the city can take only 80 percent of ment plant on Bozeman Creek. the water because of claimed losses The basin could eventually be ex- in flow,Holmes said. panded to hold 40 million gallons.It Because of low snowpack this would cost$1.7 million and would•be year and an anticipated heavy de- built on 15 to 20 acres. mand for water by irrigators, The cost of the basin,along with Holmes said that the city can expect other improvements to protect the to lose all but its most senior rights quality of water from Lyman creek for in-stream flows of water.The re- would cost a total of$2.5 million and strictions have forced city officials to could increase water rates by 15 to 16 begin water rationing for city resi- percent. dents,limiting the times water can But the basin would help the city O be used outside. catch the water it loses—sometimes Rains during the past week have up to 50 percent, including water it eased the demand on water for irri- orders from storage in Hyalite gation,but because of the low snow- Reservoir,which flows down Middle chance of Creek.If the surge basin is installed, �� '.,F:•'' pack situation—and the , the city could order less several more weeks of hot, dry from stor- re age and be able to collect it all, weather—the water restrictions main. 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