HomeMy WebLinkAbout064 Water rights on propertyDATE: October 10, 2022
Project Name:
Applicant Name:
Applicant Address:
Average Annual Single‐Family Residential Unit Demand = 0.234 Acre‐Feet/Unit
Average Annual Multi‐Family Residential Unit Demand = 0.124 Acre‐Feet/Unit
Cash‐In‐Lieu Value1 =$6,000 per Acre‐Foot
1 Cash‐in‐lieu value established by City Commission Resolution No. 4095
Sub‐total
16
Sub‐total
0
NOTES:
Fee calculation assumes any landscape irrigation of open space parcels is provided
by a groundwater well. If city municipal water used for irrigation of these parcels
fee will be updated accordingly prior to final plat
CASH‐IN‐LIEU OF WATER RIGHTS
For Residential Development
Multi‐Family Cash‐In‐Lieu Details
No. of Single‐Family
Units Paid CIL
SF CIL Fee
$22,464.00
16
Shady Glen Subdivision ‐ Preliminary Plat App. No. 22293
Tom Murphy
Single‐Family Cash‐In‐Lieu Details
Legal Description
Legal Description
$22,464.00CIL Grand Total =
MF CIL Fee
0
Lots 1 thru 16 as shown on Prelim Plat
SF Demand (AF)
3.744
MF Demand (AF)
0
$0.00
No. of Multi‐Family
Units Paid CIL
None
1
Mike G. Hickman
From:Strasheim, Kerri <kstrasheim@mt.gov>
Sent:Friday, October 7, 2022 12:04 PM
To:bridgercenterllc@gmail.com
Cc:Griffin Nielsen
Subject:Shady Glen PUD RE: [EXTERNAL] New Subdivision Bozeman
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.
Tom –
Thank you for the opportunity to review your project. Proposed irrigation is for up to 1 acre of lawn and garden
up to 2.5 AF. A previous groundwater exemption has been withdrawn after the well was abandoned, so no
existing groundwater rights are in place. This use does not exceed 10 AF of groundwater. No water right
permitting is required.
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
___________________
Kerri Strasheim
Regional Manager – Gallatin, Madison, and Park Counties
MT DNRC Water Resources
2273 Boot Hill Court, Suite 110
Bozeman, MT 59715
2
Ph: 406-556-4504
From: bridgercenterllc@gmail.com <bridgercenterllc@gmail.com>
Sent: Thursday, October 6, 2022 11:57 AM
To: Strasheim, Kerri <kstrasheim@mt.gov>
Subject: [EXTERNAL] New Subdivision Bozeman
Hi Kerri,
I am developing my property in Bozeman attached is the parcel.
My water right number is 41H 30106568 Ground Water Certificate.
The final project will have 16 homes. All homes will have city water.
We will be drilling a new well to be used strictly for watering parks and common area. The old well was removed
because the street goes there now.
I am new to this so I am sure I am missing a few things but hopefully this is a good start!
Thanks
Tom Murphy
Bridger Center LLC
1‐406‐595‐1495