HomeMy WebLinkAbout035.02 - Appendix X.2 - IrrigationNotificationDirective1
stephenson dmsnaturalresources.com
From:Brian Heaston <bheaston@BOZEMAN.NET>
Sent:Thursday, June 22, 2023 12:59 PM
To:stephenson dmsnaturalresources.com; Lee Hageman
Subject:RE: Discussion on Irrigation Facility Notifications - BMC 38.360.280
Hey Deb - Replies below. I know there’s a ton of nuance between the lines. Could do a noon call for 30 min. Would you
mind sending out an invite to teams or zoom?
From: stephenson dmsnaturalresources.com <stephenson@dmsnaturalresources.com>
Sent: Thursday, June 22, 2023 6:24 AM
To: Brian Heaston <bheaston@BOZEMAN.NET>; Lee Hageman <lhageman@m-m.net>
Subject: RE: Discussion on Irrigation Facility Notifications - BMC 38.360.280
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Brian
Thanks for the note. Good to know we are all on the same page in regards to how to simplify this question, and refine
the developer’s notice to only those that require notice. If you don’t mind, I would appreciate a few minutes of your
time via zoom (so we can screen share) just to make sure we are following the City’s guidance. Friday doesn’t work for
me as I’m out of the office tomorrow, but do you have time next week? What about Monday at noon? Or Monday
between 2 and 5?
Some additional questions that came to mind on your simplification comments. See red text:
- Notice is to owners of water rights with an irrigation or stock purpose conveyed in a ditch or pipeline on or
within 100’ of the subject property.
- Notice does not apply to owners of water rights on streams located on the subject property.
- For those waterways with a comingled stream/ditch classification, the notice only applies to owners of water
rights conveyed in the ditch. Consider the stream portion as “naturally occurring blue water” and the ditch
portion as “diverted red water”. You’re only noticing the owners of the diverted red water. Which agency or
resource do you want developers to use to determine the classification of the water way? The Water Resource
Survey? Water right claims/files/abstracts showing the source name? USGS topo maps? City’s GIS system? Ask
the Conservation District? As you know, all of these resources could classify the water way differently….[BH]
DNRC. WRS and source name on WR abstract as primary data. The UTs may require drilling into the claim files
and USGS quads. Generally just looking for a reasonable level of effort, not a dissertation. Rely on DNRC
ownership records. Don’t need to cross reference against owner title thru deeds.
- The search should extend down ditch of the subject property to the ditch terminus or return to a stream,
whichever applies. Please confirm developers do not need to look to upgradient ditch users that need the
downgradient water way to continue to convey wastewater that is a necessity of making their irrigation system
work?[BH] General guidance is to look downstream. If there’s a potential issue with upgradient return flow or
waste/seepage then City reserves the right to require notice upstream. If there’s drain tile on subject property
that feeds a downstream w/s right, then the w/s owner should be notified.
- For ditches in the Farmers Canal and Middle Creek Ditch Company historical service areas, would ask that the
notice request that the Board forward it along to pvt water right holders with conveyance agmts in the ditch.
Farmer’s Canal doesn’t control all its laterals moving from the main canal North through the City. In addition,
their service area is now literally the whole valley to Belgrade (see map of their service area in closing order of
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case 41H-250 – see attached page 20). So is it the City’s position that every single property within their entire
service area, the developer needs to notice the Farmer’s Canal?[BH] Notice would be to FCC board,
generally. Would cc Fanning. In that notice request they forward to known shareholders that convey FCC
shares on the particular ditch in question. That’s the best we can do. Whether they forward to shareholder or
not is on FCC. We can’t control that. The maynard border ditch/pipeline will soon have a bona fide water users
association. Filing to SOS will happen soon.
Sincerely,
Deborah Stephenson
DMS Natural Resources, LLC
602 S. Ferguson Ave., Suite 2
Bozeman, MT 59718
Office: 406-582-4988
Cell: 406-600-1422
stephenson@dmsnaturalresources.com
www.dmsnaturalresources.com
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use, disseminaƟon of the informaƟon, or copying of this message is prohibited. If you are not the intended addressee, please
noƟfy the sender immediately and delete this message. Thank you.
From: Brian Heaston <bheaston@BOZEMAN.NET>
Sent: Wednesday, June 21, 2023 4:45 PM
To: stephenson dmsnaturalresources.com <stephenson@dmsnaturalresources.com>; Lee Hageman <lhageman@m-
m.net>
Subject: RE: Discussion on Irrigation Facility Notifications - BMC 38.360.280
Hi Lee and Deb – I could hop on a call Friday a.m. This is turning into a bigger issue. Some off the cuff guidance below. I
don’t want to overcomplicate this.
- Notice is to owners of water rights with an irrigation or stock purpose conveyed in a ditch or pipeline on or
within 100’ of the subject property.
- Notice does not apply to owners of water rights on streams located on the subject property.
- For those waterways with a comingled stream/ditch classification, the notice only applies to owners of water
rights conveyed in the ditch. Consider the stream portion as “naturally occurring blue water” and the ditch
portion as “diverted red water”. You’re only noticing the owners of the diverted red water.
- The search should extend down ditch of the subject property to the ditch terminus or return to a stream,
whichever applies.
For ditches in the Farmers Canal and Middle Creek Ditch Company historical service areas, would ask that the notice
request that the Board forward it along to pvt water right holders with conveyance agmts in the ditch.
Let me know you have any questions. I hope this provides some clarity.
Best,
Brian
From: stephenson dmsnaturalresources.com <stephenson@dmsnaturalresources.com>
Sent: Monday, June 19, 2023 1:21 PM
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To: Lee Hageman <lhageman@m-m.net>; Brian Heaston <bheaston@BOZEMAN.NET>
Subject: RE: Discussion on Irrigation Facility Notifications - BMC 38.360.280
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.
Lee and Brian
I am available and pretty flexible Tue and Wed this week (June 20-21). Let me know if there is a time that works for you
guys to connect via phone. Thank you.
Deb
Sincerely,
Deborah Stephenson
DMS Natural Resources, LLC
602 S. Ferguson Ave., Suite 2
Bozeman, MT 59718
Office: 406-582-4988
Cell: 406-600-1422
stephenson@dmsnaturalresources.com
www.dmsnaturalresources.com
The informaƟon contained in this message may be CONFIDENTIAL and is for the intended addressee only. Any unauthorized
use, disseminaƟon of the informaƟon, or copying of this message is prohibited. If you are not the intended addressee, please
noƟfy the sender immediately and delete this message. Thank you.
From: Lee Hageman <lhageman@m-m.net>
Sent: Monday, June 19, 2023 12:05 PM
To: Brian Heaston <bheaston@BOZEMAN.NET>
Cc: stephenson dmsnaturalresources.com <stephenson@dmsnaturalresources.com>
Subject: Discussion on Irrigation Facility Notifications - BMC 38.360.280
Brian,
Would you have time to meet with Deb and I to go into a little more detail about what you are expecting with
notification per BMC 38.360.280? It seems there are many cases where the notification procedure may be
very unclear based on comingling of natural and man-made direction of flows, and we want to make sure we
understand what is required so we notify the right people and not too few or too many. It seems from speaking
with Deb that this item seems to be coming up more and more.
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Thanks,
Lee Hageman, PE
Land Development Engineer, Morrison-Maierle
+14069226734 direct | +14062091948 mobile
2880 Technology Blvd W, Bozeman, MT 59718
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