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Home My WebLink About027 Appendix S - Agricultural Water Memomemo Page 1 TO: James Nickelson, PE FROM: Breanne Cline, Environmental Scientist DATE: 04/04/2022 JOB NO.: 10130.001 RE: West Park Agricultural Water User Facilities Memo CC: Urgent For Review Please Comment Please Reply For Your Use The purpose of this memo is to document the agricultural water user facilities on the West Park Subdivision property (Norton East Ranch Sub Ph 6, Lot R1A – R1D) in Gallatin County, Montana. A field visit was performed on May 25, 2021. The results of the data search and the field visit are presented below. Type, Description, ownership and user facilities The following agricultural water facility is present within the subject property: Abandoned irrigation ditch: An abandoned “agricultural drain/man-made canal” runs along the west side of Baxter Creek. This relic irrigation feature was investigated in June 2021 and April 2022. There is no source flow to the ditch on the south side and there is no outflow on the north side. A headgate and culvert pipe were observed up ended and non-operational near the mid- section of the ditch within the subject property. Pictures documenting the abandoned nature of this un-used irrigation feature are included in the back of this memo. According to the Water Resources Survey of Gallatin County, Montana (1953), there is a small “private” irrigation ditch that is in the proximity of the subject property. Because of this “private” status, there is no irrigation ditch company to provide discontinuance information. West Park Agricultural Water User Facilities Memo Page 2 Water Rights The Montana Department of Natural Resources & Conservation (DNRC) maintains the Water Rights Query System for the state. The subject property geocodes were used to search for existing water rights. Results of the search are identified in Table 1 below. Water Right Status Purpose Source Type Source Name Active Date Owner 41H 138891 00 Active Stock Surface Baxter Creek 12/31/1916 8FC LLC 41H 138895 00 Active Stock Groundwater Waste & Seepage, Unnamed Tributary of Baxter Creek 9/15/1919 8FC LLC and Norton Ranch Inc 41H 138892 00 Active Stock Groundwater Unnamed Tributary of Aajker Creek 12/31/1916 Norton Ranch Inc The abstract for each of the above water rights is provided in Attachment 1. During the site visit on May 25, 2021, Baxter Creek and an abandoned irrigation ditch paralleling Baxter Creek were identified in the northeast corner of the subject property. Additionally, the southwest corner of the property contained wetlands that are likely associated with the unnamed tributary of Aajker Creek water right. The existing water rights are used for irrigation of the pasture for hay production and is not currently being used for livestock water. Proposed Changes The proposed West Park Subdivision would eliminate the irrigated pasture (the subject property is not actively irrigated) and would no longer require the water provided by the aforementioned water rights. However, the proposed subdivision would not impact or alter the sources of any of the water rights. Baxter Creek, wetlands associated with Baxter Creek, and the wetlands associated with the unnamed tributary of Aajker Creek would not be impacted by the development. At this time, there is no plan to make changes associated with the stock water rights. References Montana Department of Natural Resources (DNRC). 2022. Water Right Query System. http://wrqs.dnrc.mt.gov/default.aspx. Accessed April 4, 2022. State Engineer’s Office (1953 and reprinted in 1961). Water Resources Survey, Gallatin County, Montana. Accessed on April 11, 2022 @ http://dnrc.mt.gov/divisions/water/water-rights/docs/survey-books/gallatinwrs_1961.pdf Agricultural Water User Facility Photo Documentation – April 2022 Photo 1. North end of West Park development, looking south. No channel exists to the north of the subject property and remnant channel barely visible to the south. Photo 2. Remnant irrigation infrastructure with little sign of a remaining channel. April 4, 2022 Page 1 of 1 41H 138891-00 STATEMENT OF CLAIMWater Right Number: Place of Use: ID Govt Lot Qtr Sec Sec Twp Rge CountyAcres 9 2S 5E GALLATINSWNE1 Priority Date:DECEMBER 31, 1916 Maximum Flow Rate: Owners:8FC LLC PO BOX 11388 BOZEMAN, MT 59719-1388 Type of Historical Right:USE STATE OF MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION 1424 9TH AVENUE P.O.BOX 201601 HELENA, MONTANA 59620-1601 GENERAL ABSTRACT Remarks: Version:2 -- REEXAMINED 41H 138891-00 General Abstract A SPECIFIC FLOW RATE HAS NOT BEEN DECREED BECAUSE THIS USE CONSISTS OF STOCK DRINKING DIRECTLY FROM THE SOURCE, OR FROM A DITCH SYSTEM. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. THIS RIGHT INCLUDES THE AMOUNT OF WATER CONSUMPTIVELY USED FOR STOCK WATERING PURPOSES AT THE RATE OF 30 GALLONS PER DAY PER ANIMAL UNIT. ANIMAL UNITS SHALL BE BASED ON REASONABLE CARRYING CAPACITY AND HISTORICAL USE OF THE AREA SERVICED BY THIS WATER SOURCE. Maximum Volume: OWNERSHIP UPDATE TYPE DOR # 230906 RECEIVED 09/20/2021. SURFACE WATERSource Type: Source Name:BAXTER CREEK ID Govt Lot Qtr Sec Sec Twp Rge County Point of Diversion and Means of Diversion: LIVESTOCK DIRECT FROM SOURCEDiversion Means: Period of Diversion:JANUARY 1 TO DECEMBER 31 1 9 5E2SSWNE GALLATIN Purpose (use):STOCK Period of Use:JANUARY 1 to DECEMBER 31 OWNERSHIP UPDATE RECEIVED Geocodes/Valid: 06-0798-09-1-01-30-0000 - Y STARTING IN 2008, PERIOD OF DIVERSION WAS ADDED TO MOST CLAIM ABSTRACTS, INCLUDING THIS ONE. Enforceable Priority Date: DECEMBER 31, 1916 Version Status:ACTIVE April 4, 2022 Page 1 of 1 41H 138892-00 STATEMENT OF CLAIMWater Right Number: Place of Use: ID Govt Lot Qtr Sec Sec Twp Rge CountyAcres 9 9 9 2S 2S 2S 5E 5E 5E GALLATIN GALLATIN GALLATIN NWNWSE SWSWNE NESENW 1 2 3 Priority Date:DECEMBER 31, 1916 Maximum Flow Rate: Owners:NORTON RANCH INC PO BOX 207 VAN, TX 75790-0207 Type of Historical Right:USE STATE OF MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION 1424 9TH AVENUE P.O.BOX 201601 HELENA, MONTANA 59620-1601 GENERAL ABSTRACT Remarks: Version:2 -- REEXAMINED 41H 138892-00 General Abstract NO FLOW RATE HAS BEEN DECREED BECAUSE THIS USE CONSISTS OF STOCK DRINKING DIRECTLY FROM THE SOURCE, OR FROM A DITCH SYSTEM. THIS RIGHT INCLUDES THE AMOUNT OF WATER CONSUMPTIVELY USED FOR STOCK WATERING PURPOSES AT THE RATE OF 30 GALLONS PER DAY PER ANIMAL UNIT. ANIMAL UNITS SHALL BE BASED ON REASONABLE CARRYING CAPACITY AND HISTORICAL USE OF THE AREA SERVICED BY THIS WATER SOURCE. Maximum Volume: GROUNDWATER GROUNDWATER Source Type: Source Type: Source Name: Source Name: UNNAMED TRIBUTARY OF AAJKER CREEK WASTE & SEEPAGE, UNNAMED TRIBUTARY OF AAJKER CREEK ID Govt Lot Qtr Sec Sec Twp Rge County Point of Diversion and Means of Diversion: LIVESTOCK DIRECT FROM SOURCE LIVESTOCK DIRECT FROM SOURCE LIVESTOCK DIRECT FROM SOURCE Diversion Means: Diversion Means: Diversion Means: Source Name: Source Name: Source Name: WASTE & SEEPAGE, UNNAMED TRIBUTARY OF AAJKER CREEK UNNAMED TRIBUTARY OF AAJKER CREEK UNNAMED TRIBUTARY OF AAJKER CREEK Period of Diversion: Period of Diversion: Period of Diversion: JANUARY 1 TO DECEMBER 31 JANUARY 1 TO DECEMBER 31 JANUARY 1 TO DECEMBER 31 1 2 3 9 9 9 5E 5E 5E 2S 2S 2S NWNWSE SWSWNE NESENW GALLATIN GALLATIN GALLATIN Purpose (use):STOCK Period of Use:JANUARY 1 to DECEMBER 31 Geocodes/Valid: 06-0798-09-1-01-40-0000 - Y 06-0798-09-2-22-01-0000 - Y 06-0798-09-4-08-01-6500 - Y STARTING IN 2008, PERIOD OF DIVERSION WAS ADDED TO MOST CLAIM ABSTRACTS, INCLUDING THIS ONE. Enforceable Priority Date: DECEMBER 31, 1916 Version Status:ACTIVE April 4, 2022 Page 1 of 1 41H 138895-00 STATEMENT OF CLAIMWater Right Number: Place of Use: ID Govt Lot Qtr Sec Sec Twp Rge CountyAcres 9 2S 5E GALLATINSWNE1 Priority Date:SEPTEMBER 15, 1919 Maximum Flow Rate: Owners:NORTON RANCH INC 8FC LLC PO BOX 207 PO BOX 11388 VAN, TX 75790-0207 BOZEMAN, MT 59719-1388 Type of Historical Right:FILED STATE OF MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION 1424 9TH AVENUE P.O.BOX 201601 HELENA, MONTANA 59620-1601 GENERAL ABSTRACT Remarks: Version:3 -- POST DECREE 41H 138895-00 General Abstract NO FLOW RATE HAS BEEN DECREED BECAUSE THIS USE CONSISTS OF STOCK DRINKING DIRECTLY FROM THE SOURCE, OR FROM A DITCH SYSTEM. THIS RIGHT INCLUDES THE AMOUNT OF WATER CONSUMPTIVELY USED FOR STOCK WATERING PURPOSES AT THE RATE OF 30 GALLONS PER DAY PER ANIMAL UNIT. ANIMAL UNITS SHALL BE BASED ON REASONABLE CARRYING CAPACITY AND HISTORICAL USE OF THE AREA SERVICED BY THIS WATER SOURCE. Maximum Volume: OWNERSHIP UPDATE TYPE DOR # 230907 RECEIVED 09/20/2021. GROUNDWATERSource Type: Source Name:WASTE & SEEPAGE, UNNAMED TRIBUTARY OF BAXTER CREEK ID Govt Lot Qtr Sec Sec Twp Rge County Point of Diversion and Means of Diversion: LIVESTOCK DIRECT FROM SOURCEDiversion Means: Period of Diversion:JANUARY 1 TO DECEMBER 31 1 9 5E2SSWNE GALLATIN Purpose (use):STOCK Period of Use:JANUARY 1 to DECEMBER 31 OWNERSHIP UPDATE RECEIVED Geocodes/Valid: 06-0798-09-1-01-30-0000 - Y 06-0798-09-1-01-50-0000 - Y 06-0798-09-4-08-01-6500 - Y Enforceable Priority Date: SEPTEMBER 15, 1919 Version Status:ACTIVE