HomeMy WebLinkAbout021 Appendix U - DNRC Request Exempt Well1
Tyler Steinway
From:Katie Sewell <ksewell@design5la.com>
Sent:Thursday, October 20, 2022 10:47 AM
To:Tyler Steinway
Subject:FW: Bozeman - Aaker Phase 1 Subdivision - Irrigation
Tyler,
See notice below from the DNRC. Thanks!
Katie Sewell, PLA, ASLA
O: 406.587.4873
C: 770.823.4474
www.design5la.com
From: Strasheim, Kerri <kstrasheim@mt.gov>
Sent: Tuesday, October 11, 2022 10:47 AM
To: Katie Sewell <ksewell@design5la.com>
Cc: Cordell Pool <cpool@seaeng.com>; Tyler Steinway <tsteinway@intrinsikarchitecture.com>; Bridget Hake
<bridget@design5la.com>; Griffin Nielsen <GNielsen@BOZEMAN.NET>
Subject: RE: Bozeman - Aaker Phase 1 Subdivision - Irrigation
Katie –
Thank you for the opportunity to review your project. Lot 2A of Minor Subdivision 191B (currently 95.6 acres)
is being developed into Aaker Subdivision. Three park irrigation wells are planned, and the parks follow the
waterways. (I also ask that the ditch centrally located in the parcel be planned in adequately, as MSU appears
to still need this conveyance.) Each well cannot exceed 35 gallons per minute (GPM). The total use planned for
the three wells is 8.68 acre-feet (AF) per year within park area of 9.6 acres. The landscape plan will ensure that
the three wells do not exceed 10 AF.
The City of Bozeman is providing all other 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
2
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
Ph: 406-556-4504
Geocode of project: 06-0798-14-4-02-20-0000
From: Katie Sewell <ksewell@design5la.com>
Sent: Monday, September 12, 2022 4:11 PM
To: Strasheim, Kerri <kstrasheim@mt.gov>
Cc: Cordell Pool <cpool@seaeng.com>; Tyler Steinway <tsteinway@intrinsikarchitecture.com>; Bridget Hake
<bridget@design5la.com>
Subject: [EXTERNAL] Bozeman - Aaker Phase 1 Subdivision - Irrigation
Hi Kerri,
We are in need of a pre-determination letter for a new subdivision project.
The proposed Aaker Phase 1 Subdivision will be submitted to the City of Bozeman as a preliminary plat in the coming
weeks. Attached is an exhibit of the proposed irrigation with detailed information on water use and irrigated area. The
project is planned to have 3 wells which will share 1 exempt water right.
Please let us know if you have questions or need further information. Thanks!
Katie Sewell, PLA, ASLA
111 N Tracy Ave
Bozeman, MT 59715
Office: 406-587-4873
Cell: 770-823-4474
www.design5la.com [design5la.com]