HomeMy WebLinkAboutUpland Way Condominium DNRC Water Rights Review Letter1
Austin Mirizio
From:Strasheim, Kerri <kstrasheim@mt.gov>
Sent:Wednesday, May 4, 2022 4:27 PM
To:erik@mad-eng.com; austin.m@mad-eng.com
Cc:Griffin Nielsen
Subject:Upland Way Condominium Project
Erik and Austin –
No water right permitting is required for this project. The City of Bozeman is responsible for indoor water use
and for ensuring that this fits within their existing water rights. Some lawn and garden irrigation will occur
from a groundwater well – not exceeding one acre up to 2.5 AF. This use of the groundwater exception fits
within current policy. The wells and water use developed on the property previously (pending groundwater
certificate 41H 30118689, groundwater certificates 41H 86484-00 and 41H 84063-00) will be abandoned and
withdrawn from water right records.
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.
Thank you for the opportunity to review your project,
Kerri
Geocode: 06-0904-35-1-01-21-0000
___________________
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