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Home My WebLink About022 Appendix O - Water Rights InformationFrom:Pat Eller To:Strasheim, Kerri Cc:James R. Nickelson Subject:RE: Clarified Combined Appropriation Information Date:Wednesday, April 27, 2022 5:04:12 PM Attachments:image005.pngimage006.pngSBOZ-C224e_22042716590.pdfimage001.png Kerri, We discussed the West Park Subdivision and exempt wells in the end of February at youroffice. I need to now request a determination of water rights for the subdivision. I have attached a copy of the pre-application plan showing the subdivision of Norton East Ranch Phase 6 into the West Park Subdivision. The subdivision will contain 5 lots and 3parks. The project is within the City of Bozeman. Any development (residential/commercial) will be served off City services (municipal water and sewer service). Landscape irrigation will likelybe completed through a combination of municipal water and irrigation wells. The City will want to utilize exemptions on the parks. The development wants to maximize exemptionson the landscape irrigation of boulevards, etc. Could you provide me a predetermination letter for the subdivision? Let me know if you need any more information and thanks in advance for your help. Pat Pat Eller, PG Geologist, Morrison-Maierle +14069226769 direct | +14065817655 mobile From: Strasheim, Kerri <kstrasheim@mt.gov> Sent: Friday, March 25, 2022 3:16 PM To: Pat Eller <neller@m-m.net> Subject: RE: Clarified Combined Appropriation Information ***This message originated from an External Source.*** Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Pat – Regarding City developments, a subdivision is still allowed an exemption up to 10 AF, which can be utilized for irrigation. Phases, as long as they are considered separate reviews by the jurisdictional entity (e.g. DEQ), will be considered separate projects by MT DNRC, as long as the remainder tract/later phase is greater than 20 acres. Kerri Strasheim Ph: 406-556-4504 From: Pat Eller <neller@m-m.net> Sent: Friday, March 25, 2022 2:30 PM To: Strasheim, Kerri <kstrasheim@mt.gov> Subject: [EXTERNAL] RE: Clarified Combined Appropriation Information Kerri, I believe the clarification document may lead to lots of questions in the next few weeks for you so I will try and get mine out of the way quickly. Next questions. How about subdivision vs. phases of subdivision. How about within Bozeman. Development served by City, can an exemption still be utilized for the subdivision. Limited to 1 exemption since the lots are all smaller than 20 acres and its part of a subdivision? (Park areas, boulevards, etc.) Have a great weekend, Pat [m-m.net] Pat Eller, PG Geologist, Morrison-Maierle +14069226769 direct | +14065817655 mobile From: Strasheim, Kerri <kstrasheim@mt.gov> Sent: Friday, March 25, 2022 2:02 PM To: Pat Eller <neller@m-m.net> Subject: RE: Clarified Combined Appropriation Information ***This message originated from an External Source.*** Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Pat – Yes, that is correct! Kerri Strasheim Ph: 406-556-4504 From: Pat Eller <neller@m-m.net> Sent: Friday, March 25, 2022 1:55 PM To: Strasheim, Kerri <kstrasheim@mt.gov> Subject: [EXTERNAL] RE: Clarified Combined Appropriation Information Kerri, Good to see you in Helena this week, sorry we didn’t get to talk more. So I am slow and will need additional clarification. As an example, 20 lot subdivision on 25 acres utilizing 1 exemption for landscaping and 1 for public water (separate systems) total of 20 acre-ft as landscape and irrigation wells are separated by 1320 feet. Prior was OK, now would be considered 1 project and limited to 10 acre-ft. Thanks, Pat [m-m.net] Pat Eller, PG Geologist, Morrison-Maierle +14069226769 direct | +14065817655 mobile From: Strasheim, Kerri <kstrasheim@mt.gov> Sent: Friday, March 25, 2022 11:50 AM To: Strasheim, Kerri <kstrasheim@mt.gov> Cc: English, Leata <LEnglish@mt.gov>; Moldroski, Denise <Denise.Moldroski@gallatin.mt.gov>; Brittney Krahn <Brittney.Krahn@gallatin.mt.gov>; Jenks, Jeremy <Jeremy.Jenks@gallatin.mt.gov>; Scott, Chris <Chris.Scott@gallatin.mt.gov>; O'Callaghan, Sean <Sean.OCallaghan@gallatin.mt.gov>; planning@madisoncountymt.gov; planning@parkcounty.org; Daly, Katherine <Katherine.Daly@gallatin.mt.gov>; Chambi, Larisa <Larisa.Chambi@gallatin.mt.gov>; McAllister, Garrett <Garrett.McAllister@gallatin.mt.gov>; Fruh, Regan <Regan.Fruh@gallatin.mt.gov>; Waite, Matthew <MWaite@mt.gov>; Griffin Nielsen <GNielsen@BOZEMAN.NET>; Brian Heaston <bheaston@BOZEMAN.NET>; Jessica Ahlstrom <JAhlstrom@BOZEMAN.NET>; Landers, Jack <Jack.Landers@mt.gov>; Baumgardner, Shannon <Shannon.Baumgardner@mt.gov>; Crable, Mary <Mary.Crable@mt.gov>; Huyser, Kara <khuyser@mt.gov>; Zundel, Brent <BZundel@mt.gov>; Carter, Annaliesa <Annaliesa.Carter@mt.gov>; Torie H. GLWQD <Torie.Haraldson@gallatin.mt.gov>; Banish, Nick <nick.banish@gallatin.mt.gov>; Olson, Meggie <Meggie.Olson@gallatin.mt.gov>; Zach Brown <Zach.brown@gallatin.mt.gov> Subject: Clarified Combined Appropriation Information ***This message originated from an External Source.*** Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Greetings - We have clarified the combined appropriation guidance, and we will no longer allow any spacing to be considered a new project within one subdivision (specific to lots less than 20 acres). Any DNRC written reviews that had the spacing allowance in a subdivision previously will stand. Please let me know if you have any questions on this. I apologize in advance as you may get this multiple times. We encourage everyone to sign up for our list- serv on the website at: https://comprehensivewaterreview.mtdnrc.gov/pages/sign-up-for- updates [comprehensivewaterreview.mtdnrc.gov] (chrome browser works best). Combined appropriation is two or more groundwater developments that do not exceed a maximum flow rate of 35 gallons per minute per development or a combined annual volume of 10-acre feet (§ 85-2-306 (3), MCA). Combined appropriation specifically applies to groundwater developments that meet the exception to the water right permitting process in statute. There is a history of controversy surrounding the definition of Combined Appropriation, leading to a First Judicial Court ruling in 2014, which reinstated DNRC’s 1987 rule defining a Combined Appropriation. This rule defines a Combined Appropriation to be: 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.’ Following the court ruling, the Department created a guidance document that explains the judgement on what could be accomplished by a single appropriation. Guidance provided by the Central Office on Combined Appropriation and implementation in regional offices was inconsistent for subdivision reviews submitted under the DNRC/Department of Environmental Quality Memorandum of Understanding. Considering this, the Department is updating the guidance to be clearer on what constitutes a Combined Appropriation. The updated guidance does not change what the Department considers to be a Combined Appropriation, it instead ensures clarity in what that determination is. To be transparent on the clarified guidance, the Department is reaching out to stakeholders that have an interest in property development. The Water Resources Division has embarked on a Comprehensive Water Review to meet current and future water needs. As part of the Comprehensive Water Review a working group was formed to address changes, mitigation, and permit exceptions. It is anticipated that this working group will develop recommendations which will impact the Combined Appropriation guidance. Recommendations from the working group are not expected for six to twelve months. In the interim, DNRC needs to ensure that guidance for Combined Appropriation is consistently applied throughout the state. Any future recommendation from the Comprehensive Water Review will be incorporated at a future date. Please share this with any colleagues that I may have inadvertently missed in this initial notification. Also, for some entities, I am sending to my most frequent contacts – so please share within your agency/company. Thank you, 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