HomeMy WebLinkAbout06.1 Exempt Well Approval Memo1
Laura Dornberger
From:Strasheim, Kerri <kstrasheim@mt.gov>
Sent:Thursday, July 22, 2021 1:13 PM
To:Laura Dornberger
Cc:Thomas Brown; Griffin Nielsen
Subject:RE: exempt wells
Laura –
Thank you for the opportunity to review your project. As the University Crossing Subdivision hadn’t
been previously reviewed, I greatly appreciate your work in figuring out proposed exempt well use on the
other two lots. While your request was specifically for Lot 1A, the total subdivision proposed
groundwater use for lawn and garden, as available today, is as follows:
Lot 1A – 1.59 AF
Lot 2A – 1.06 AF
Lot 3 – 1.59 AF
This use totals 4.24 AF – this use does not exceed 10 AF. No water right permitting is required. Each
well cannot exceed 35 gallons per minute flow rate. The City of Bozeman is responsible for ensuring
that the indoor use fits within existing water rights allowances.
Standard Language:
In Clark Fork Coalition, et. al. v. DNRC, et. al., 2016 MT 229, 384 Mont. 503, 380 P.3d 771, the Montana
Supreme Court concluded that the definition of “combined appropriation” in Admin. R. Mont.
36.12.101(13) was invalid. The Court reinstated the Department’s 1987 Rule defining “combined
appropriation” as: “An appropriation of water from the same source aquifer by means of two or more
groundwater developments, the purpose of which, in the department’s judgment, could have been
accomplished by a single appropriation. Groundwater developments need not be physically connected
nor have a common distribution system to be considered a “combined appropriation.” They can be
separate developed springs or wells to separate parts of a project or development. Such wells and
springs need not be developed simultaneously. They can be developed gradually or in increments. The
amount of water appropriated from the entire project or development from these groundwater
developments in the same source aquifer is the “combined appropriation.”
Under this Rule, the Department interprets subdivisions that are pending before the Department of
Environmental Quality for approval on October 17, 2014 or filed after that date to be a single project
that can be accomplished by a single appropriation. Consequently, all wells in such a subdivision will be
considered a “combined appropriation” for the purposes of Mont. Code Ann. 85-2-306. The only
exception to this interpretation is that a subdivision which has received preliminary plat approval prior
to October 17, 2014 will not be considered a project under the “combined appropriation” 1987 Rule;
individual lots will still be evaluated under the 1987 Rule at the time of an application to the
Department. 2015 Mont. Laws § 1, Ch. 221.
This communication does not serve as a pre-approval for a water right.
Have a good day,
2
Kerri
___________________
Kerri Strasheim
Regional Manager – Gallatin, Madison, and Park Counties
MT DNRC Water Resources
2273 Boot Hill Court, Suite 110
Bozeman, MT 59715
Ph: 406-556-4504
From: Laura Dornberger <ldornberger@LocatiArchitects.com>
Sent: Wednesday, April 07, 2021 4:25 PM
To: Strasheim, Kerri <kstrasheim@mt.gov>
Cc: Thomas Brown <TBrown@locatiarchitects.com>
Subject: [EXTERNAL] exempt wells
Hello Kerri,
We are trying to determine if we can have an exempt well on a new multi-family project site. Attached is project information and a site
plan. Could you let us know if you need additional information?
Thanks,
LAURA DORNBERGER | LOCATI ARCHITECTS
AIA ARCHITECT LEED AP BD+C / PARTNER
1007 EAST MAIN | SUITE 202
BOZEMAN MONTANA 59715
406.587.1139 | OFFICE
406.570.7496 | CELL