HomeMy WebLinkAbout11-21-24 Public Comment - O. Hart - On Behalf of 4Daughters FarmFrom:Olivia Hart
To:Bozeman Public Comment
Subject:[EXTERNAL]On Behalf of 4Daughters Farm
Date:Wednesday, November 20, 2024 9:50:35 AM
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To the City of Bozeman,
My name is Liv Hart, and I am a friend of 4Daughters Farm. I first went to the farm several
years ago, as I was staying at the farmstead next door - and fell in love with the sprawling
acreage of open land, the pigs in their pen, the single horse roaming out in the field, and
the honor-system flower bouquet system that they set up in their farm shop. Since then, I
have visited for pick-your-own-bouquet afternoons, harvest festivals, and to pick up
bouquets for friends and family. 4Daughters Farm is magic - one of the few places left
where you really can see the heart and hard work that has gone into such an operation.
The love for the land and for the community is palpable at this special place.
I am writing to urge the City to thoroughly review the “Range 5”, reference application
23306 development plans, which appear to be in conflict with private property rights and
water conveyance protections. My primary concern is that the developer has not obtained
the necessary consent from Middle Creek Ditch Company, the operator of the ditch, as law
requires. Specifically, the developer has not provided written consent from Middle Creek
Ditch Company confirming that the ditch is abandoned or that any encroachment is
permitted per Section 70-17-112, MCA.
The application identifies four irrigation ditches within 100’ of the exterior boundaries of the
property. To convey water, ditch companies own water rights, the ditch rights, and a
prescriptive easement to maintain their ditches. However, the developer's irrigation ditch
summary only analyzes water rights. Even without current downstream water rights, ditch
companies can still sell shares of stock to people downstream.
Additionally, the developer's claims about ditch abandonment are inaccurate. Middle Creek
Ditch Company has not abandoned any ditches on this property, and the legal process for
abandonment has not been followed.
The irrigation ditch network is a vital part of the Gallatin Watershed’s hydrology, supporting
over 70,000 acres of irrigated farmland and contributing to groundwater recharge and
streamflows. Without proper consent from Middle Creek Ditch Company, the proposed
development risks disrupting this infrastructure, with potential long-term consequences for
water availability.
Montana law (MCA sections 70-17-112, 85-7-2211, and 85-7-2212) and Bozeman's Unified
Development Code protect the rights of irrigation ditch companies and their infrastructure. It
is essential that any development proposal fully considers its impact on these systems and
secures the necessary approvals.
Thank you for your attention to this important matter.
Sincerely, Liv Hart