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Home My WebLink About022.01 Appendix O.2 - DNRC Water Right Letter1 Tyler Steinway From:Strasheim, Kerri <kstrasheim@mt.gov> Sent:Thursday, July 28, 2022 3:14 PM To:James R. Nickelson Cc:Pat Eller; Katie Sewell; Greg Stratton (greg@kildaystratton.com); Griffin Nielsen Subject:RE: Bozeman - West Park Proposed Subdivision - Phase 6 Norton East Ranch - Irrigation Attachments:220614-West-Park-Irrigation-Planning.pdf ***This message originated from an External Source.*** Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. James – Thank you for the opportunity to review this project. This phase is considered as one subdivision project, not connected to others, but limiting these four lots to 10 AF total of groundwater. Proposed irrigation use is up to 5.65 AF of groundwater, using up to two wells, not to exceed 35 GPM each. Regarding the water body feature, the understanding is that this is a remnant from mining below the groundwater table, not a diversion of water. Reclamation may occur to some extent, but some water will remain exposed. As long as this water is not beneficially used, then no water right is required for this water body. The City of Bozeman is providing all indoor uses. The City is responsible for ensuring that this use fits within existing water rights. 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, Kerri ___________________ 2 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: James R. Nickelson <jnickelson@m-m.net> Sent: Thursday, July 21, 2022 3:44 PM To: Strasheim, Kerri <kstrasheim@mt.gov> Cc: Pat Eller <neller@m-m.net>; Katie Sewell <ksewell@design5la.com>; Greg Stratton (greg@kildaystratton.com) <greg@kildaystratton.com> Subject: [EXTERNAL] RE: Bozeman - West Park Proposed Subdivision - Phase 6 Norton East Ranch - Irrigation Thanks Kerri. Yes, our understanding is that R1A through R1D get one 10 AF “allotment” combined and not one “allotment” for each lot. The proposed West Park Subdivision incorporates the property within all 4 of these lots. The water body on Lot R1D is a borrow pit that was created as part of generating materials for road and house building for earlier phases of Norton East Ranch. The project proposes to fill a portion of this to create a wetland and leave part of the borrow pit as is to serve as an open water feature in the proposed park. The water feature will have no inlet or outlet and will fluctuate in depth as the groundwater level rises and falls. Our understanding is that this is not a beneficial use of water and as such no water right permitting is needed. As part of the preliminary plat process the City is asking about water rights for this water feature. If you can confirm that our understanding is correct or let us know what process would be required to address the City’s question that would be appreciated. James [m-m.net] James R. Nickelson, PE Senior Engineer, Morrison-Maierle +14069226824 direct | +14065793108 mobile From: Strasheim, Kerri <kstrasheim@mt.gov> Sent: Thursday, July 21, 2022 3:17 PM To: James R. Nickelson <jnickelson@m-m.net> Cc: Pat Eller <neller@m-m.net>; Katie Sewell <ksewell@design5la.com>; Greg Stratton (greg@kildaystratton.com) <greg@kildaystratton.com> Subject: RE: Bozeman - West Park Proposed Subdivision - Phase 6 Norton East Ranch - Irrigation ***This message originated from an External Source.*** Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. James – Just a quick clarification and a quick question; - Plat J-694, submitted in 2021, created the 4 “new” subdivision lots (Lots R1A through R1D), thus they are all limited in total to 10 AF. I just want to make sure I am understanding this correctly. - Lot R1D currently shows what appears to be a water body on an aerial photo – can I get further explanation on what this is and how it fits in with the future planning? Thank you! Kerri 3 Kerri Strasheim Ph: 406-556-4504 From: James R. Nickelson <jnickelson@m-m.net> Sent: Wednesday, June 22, 2022 4:43 PM To: Strasheim, Kerri <kstrasheim@mt.gov> Cc: Pat Eller <neller@m-m.net>; Katie Sewell <ksewell@design5la.com>; Greg Stratton (greg@kildaystratton.com) <greg@kildaystratton.com> Subject: [EXTERNAL] Bozeman - West Park Proposed Subdivision - Phase 6 Norton East Ranch - Irrigation Kerri, The proposed West Park Subdivision has been submitted to the City of Bozeman as a preliminary plat. This is a reconfiguration of Phase 6 of Norton East Ranch (Lots R1A through R1D). Attached is the Phase 6 recorded plat, an exhibit of the proposed irrigation and the preliminary plat for West Park. We are in need of a pre-determination letter for this project. Detailed information on water use and irrigated area is shown on the attached exhibit. In summary the project is looking to have a city park well irrigate an area with 5.03 acre-feet annually and an HOA open space well irrigate a total of 0.62 acre-feet annually for a total of 5.65 acre feet for the project. Each of the wells is proposed to be limited to 35 gpm. Please let us know if you need any further information. Thanks James [m-m.net] James R. Nickelson, PE Senior Engineer, Morrison-Maierle +14069226824 direct | +14065793108 mobile 2880 Technology Blvd W, Bozeman, MT 59718 DYHDYH DYH SDSSGSSSSSSWVWVWVWVWV WVWVWVWVWV TWVWVPTPTWVWV8W8W8W8W8W8W8WDYH8W8S8S8S8S8S8S8S8SFMFMFMFMFM FMFMFMFMFMFM8S8S8S8S8S8S8S8S8S12W 12W 12W 12W 12W 12W 12W 12W 12W 12W 12W 12W 12W 12W 12W 12W 12W 12W8W8W8WBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBP30SD30SD30SD30SD15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S 15SSSSSSS15SD15SD15SD15SD15SD15SD15SD 15SD 15SD15SD15SD8W8W8W8W8W8W8W8W8W8S 8S 8S 8S 8S 8SUPUPUPUPUPUP UPUPUPUPUPUPSSSSSSSSSSUPUP WWWELL #1WESSIO SIOSIOLAN8'8' 8' 8'8'WES WESSIOLANLANWESWESWESWES WES 8'8'8'WESLANLANWESWESPHASE 1 PHASE 2 PHASE 1PHASE 2VAUGHN DRIVEPOND LILY DR.WEST BABCOCK STREETLAUREL PARKWAY VAUGHN DRIVEBRONKENPARKVALLEYWESTSUBDIVISIONBRONKENPARKTHE LAKESAT VALLEYWESTNORTONEAST RANCHSUBDIVISIONNORTONEAST RANCHSUBDIVISIONNORTONEAST RANCHSUBDIVISIONVAUGHN DRIVECOMMONOPEN SPACE0.67 AC.AREA BLOT B5.40 AC.AREA ALOT A4.33 AC.AREA CLOT C7.12 AC.OPENSPACE B3.79 AC.AREA DLOT D4.66 AC.PARK A11.52 AC.PARK A11.52 AC.WWELL #2SYMBOLDESCRIPTIONIRRIGATION LEGENDPROPOSED WELLWIRRIGATIONTYPEIRRIGATION SCHEDULE - WELL #1 (PARK)TOTALAREA / QTYANNUALET RATETOTALANNUAL H2O18,360 SF29 IN / SF331,710 GALH.E. BLVD & SOD SPRAY IRRIGATION 335,523 SF29 IN / SF1,254,185GALH.E. NATIVE SPRAY IRRIGATIONH.E. TREEBUBBLER106 TREES1,749 GAL /WEEK31,482 GALH.E. SHRUBDRIP IRRIG.172 SHRUBS1,290 GAL /WEEK23,220 GALTOTAL ANNUAL H2O REQUIRED: 1,640,597 GALTOTAL ACRE FEET PER YEAR: 5.03 ACRE FEETIRRIGATIONTYPEIRRIGATION SCHEDULE - WELL #2 (OPEN SPACE)TOTALAREA / QTYANNUALET RATETOTALANNUAL H2O2,372 SF29 IN / SF42,855 GALH.E. BLVD & SOD SPRAY IRRIGATION 41,020 SF29 IN / SF153,333 GALH.E. NATIVE SPRAY IRRIGATIONH.E. TREEBUBBLER16 TREES264 GAL /WEEK4,752 GALTOTAL ANNUAL H2O REQUIRED: 200,940 GALTOTAL ACRE FEET PER YEAR: 0.62 ACRE FEETOverall IrrigationWater UseEstimateL 60080400160N1L6001"=80'-0"Overall Irrigation Water Use EstimateVICINITY MAPPROJECT SITEW BABCOCK STVAUGHN DRS LAURELPKWYdesign5la.com406.587.4873dateissuedrawn by:checked by:filename:z:\nwb west park neighborhood\autocad\01_sheets\l600_west-park-irrigation-planning_irrigation.dwg Norton West Park Parks Master Plan Bozeman, Montana KHM/HU TMS 06/14/22Irrigation PlanningPROJECT DATAWEST PARKSUBDIVISIONSW 14 of the NE 14, the SE 14 of the NW 14,the NW 14 of the SE 14 and the NE 14 of theSW 14 of Section 9, T. 2 South,R. 5 E, PMM Gallatin County Montana.ZONING: R4ACRES: 40.82PROJECT OWNER8FC, LLCPatrick EibsPO Box 11388Bozeman, MT 59719(406) 539 - 1366ENGINEERMORRISON-MAIERLEJames Nickelson2880 Technology Blvd. WBozeman, MT 59708(406) 922 - 6824ARCHITECT/PLANNERINTRINSIK ARCHITECTURETyler Steinway106 E. Babcock St. Suite 1ABozeman, MT 59715(406) 582 - 8988LANDSCAPE ARCHITECTDESIGN 5, LLCTroy Scherer111 N. TracyBozeman, MT 59715(406) 587 - 4873