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HomeMy WebLinkAboutWater Rights Documentation - 1 - Water Rights Documentation The water rights for the Northwest Crossing Apartments project are still being finalized with the overall Northwest Crossing development agreements. See attached email correspondence documenting the current status of the water rights. 1 Kevin D. Jacobsen From:Matt E. Ekstrom Sent:Thursday, November 18, 2021 1:20 PM To:Kevin D. Jacobsen Subject:FW: Anderson 160 acres Here is the latest from Brian Heaston Matt E. Ekstrom, PE Senior Land Development Engineer, Morrison-Maierle +14069226784 direct | +14064315819 mobile From: Brian Heaston <bheaston@BOZEMAN.NET> Sent: Thursday, November 18, 2021 12:23 PM To: Lauren John <ljohn@providencedevco.com> Cc: Matt E. Ekstrom <mekstrom@m-m.net> Subject: RE: Anderson 160 acres ***This message originated from an External Source.*** Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. I have not picked it up yet. It’s on the list. From: Lauren John <ljohn@providencedevco.com> Sent: Thursday, November 18, 2021 11:30 AM To: Brian Heaston <bheaston@BOZEMAN.NET> Cc: Matt E. Ekstrom <mekstrom@m-m.net> Subject: [SENDER UNVERIFIED]Re: Anderson 160 acres CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Brian, I just wanted to follow-up on this. Have you been able to review all these water rights? On my end, I finalized our Water Delivery Agreement with Farmers Canal, and currently working on officially splitting that water right (41H 138937-00), which should be completed by the end of this month. Please let us know where things stand on your end. Thank You, Lauren Lauren John | Project Manager e: ljohn@providencedevco.com w: providencedevco.com m: 406-600-2927 | p: 406-551-7939 2 On Oct 19, 2021, at 9:26 AM, Brian Heaston <bheaston@BOZEMAN.NET> wrote: Thanks Lauren – Couple more quick questions: What’s the status of these rights in the ongoing Basin 41H adjudication? Do you have water rights counsel retained? From: Lauren John <ljohn@providencedevco.com> Sent: Monday, October 18, 2021 5:05 PM To: Brian Heaston <bheaston@BOZEMAN.NET> Cc: Matt E. Ekstrom <mekstrom@m-m.net> Subject: [SENDER UNVERIFIED]Re: Anderson 160 acres CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Brian, Please see below. Lauren Lauren John | Project Manager e: ljohn@providencedevco.com w: providencedevco.com m: 406-600-2927 | p: 406-551-7939 On Oct 18, 2021, at 4:28 PM, Brian Heaston <bheaston@BOZEMAN.NET> wrote: Hi Lauren – All four of these rights are of interest to the city for transfer to offset the development’s anticipated water demand. Couple questions before starting the process to paper up the ownership transfer and offset credits. 3 - Are exempt wells proposed for irrigating dedicated park and common open space? If yes, has a written exempt well predetermination been requested from and issued by DNRC? Matt, can you help answer this one. - Do you have a documentation to prove up the 40% interest upon formal split of the west gallatin right (deed, RTC, DNRC ownership update Form 641, etc.)? Yes, a Deed. - When do you anticipate filing the final plat application for Ph 1? At the end of November. Thanks, Brian Heaston, PE Senior Engineer City of Bozeman - Engineering 20 E. Olive St. P.O. Box 1230 Bozeman, MT 59771 (406) 582-2280 bheaston@bozeman.net From: Lauren John <ljohn@providencedevco.com> Sent: Monday, October 18, 2021 3:36 PM To: Brian Heaston <bheaston@BOZEMAN.NET> Cc: Matt E. Ekstrom <mekstrom@m-m.net> Subject: [SENDER UNVERIFIED]Fwd: Anderson 160 acres CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Brian, Attached are the water rights that we have at Northwest Crossing. Matt said you would want to review these to determine which water rights could be used to offset our cash-in-lieu of water rights payment. Take a look and let me know your thoughts. One thing to note on the West Gallatin River/Farmers Canal water right # 41H 138937-00, this water right has not be split yet between NWX and the Andersons yet. I was advised to wait till we finalized our Water Delivery Agreement with Farmers Canal, which I am hoping we complete by the end of this month. NWX will receive at 40% interest in this water right once we spilt it. Please review and let us know your thoughts. Thank You, Lauren Lauren John | Project Manager 4 e: ljohn@providencedevco.com w: providencedevco.com m: 406-600-2927 | p: 406-551-7939 Begin forwarded message: From: "Matt E. Ekstrom" <mekstrom@m-m.net> Subject: FW: Anderson 160 acres Date: October 12, 2021 at 2:36:25 PM MDT To: "ljohn@providencedevco.com" <ljohn@providencedevco.com> FYI <image001.png> Matt E. Ekstrom, PE Senior Land Development Engineer, Morrison-Maierle <image002.png> +14069226784 direct | +14064315819 mobile From: Brian Heaston <bheaston@BOZEMAN.NET> Sent: Friday, August 24, 2018 11:16 AM To: Matt E. Ekstrom <mekstrom@m-m.net> Cc: Shawn Kohtz <SKohtz@BOZEMAN.NET> Subject: RE: Anderson 160 acres Yes, we’re interested in these water rights being transferred to COB and can use that transfer as consideration in meeting the CILWR obligation for the project as it moves through platting. I can’t tell you at this time what the value of the consideration will be as it will be negotiated based on how much water is actually transferred. I’d prefer for the water rights transfer to be written into the annexation agreement so it becomes a contractual obligation thus preventing Baxter Ranch from severing the water from the land for them to hold as a separate asset. Are you working for Baxter Ranch/Anderson or a separate entity? If the latter, I would encourage you to have the buyer drive hard on obtaining the appurtenant portion of these rights when the ownership changes hands and not allow Baxter Ranch to sever the water from the land. From: Matt E. Ekstrom [mailto:mekstrom@m-m.net] Sent: Thursday, August 23, 2018 5:07 PM 5 To: Brian Heaston <bheaston@BOZEMAN.NET> Subject: Anderson 160 acres Brian, We are starting to work on the property described below. We met with Shawn K. and Griffin N. in regards to some general infrastructure questions today. The topic of cash-in-lieu of water rights came up. They suggested we pass the water rights that are associated with the property (see the attachments) along to see if these would be something the City could use? Thank you, Matt Matt E. Ekstrom, PE <image003.png> Direct | 406.922.6784 From: Pat Eller Sent: Wednesday, August 8, 2018 8:53 AM To: Matt E. Ekstrom <mekstrom@m-m.net> Subject: RE: Anderson 160 acres Here are the water rights. Pat Eller, PG Direct | 406.922.6769 From: Matt E. Ekstrom Sent: Friday, August 3, 2018 7:24 AM To: Pat Eller <neller@m-m.net> Subject: FW: Anderson 160 acres 160 ac. Parcel south of Baxter Lane, west of the Sports Park and north of Oak. Vested as a 50%$ undivided interest between Baxter Ranch Holding and the Estate of Vesta Anderson. Legal: Approximately 160.36 acres located at the southwest quadrant of the intersection of Baxter Lane and Harper Puckett Road in Gallatin County, 6 Montana. Bordered to the south by West Oak Street and to the east by land owned by the City of Bozeman. Described as S04, T02, R05 E, COS 2552, Tract 5 NE4. Pat – could you do a quick search of the water rights for this parcel? Let me know how much time this will take??? Thanks, Matt Matt E. Ekstrom, PE Direct | 406.922.6784 City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law.