HomeMy WebLinkAbout04-09-25 Public Comment - K. Berry - Re_ April 9th Sustainability Board Meeting Public CommentFrom:Katherine Berry
To:AGAI Partnership Coordinator
Cc:Bozeman Public Comment; Lilly McLane; Holly Hill
Subject:[EXTERNAL]Re: April 9th Sustainability Board Meeting Public Comment
Date:Wednesday, April 9, 2025 12:51:46 PM
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recognize the sender and know the content is safe.
Hi Rebecca,
Lilly just mentioned this, but the memo is linked in the public comment, and wasn't separatelyattached. Emailed the City again attaching it directly and hopefully they accept that.
Best,
Katherine
On Wed, Apr 9, 2025 at 12:43 PM AGAI Partnership Coordinator<agaipartnerships@gmail.com> wrote:
Thanks for including us in this! Was the policy memo submitted separately?
On Wed, Apr 9, 2025 at 11:57 AM Katherine Berry<katherine@gallatinwatershedcouncil.org> wrote:
Thank you for your consideration, please see the attached comment letter.
Best,The Gallatin Watershed Council and Association of Gallatin Agricultural Irrigators
25.04.09 Public Comment Sustainability Board_ Ditch…
-- Katherine Berry, Water Policy Manager Gallatin Watershed Councilwww.gallatinwatershedcouncil.org | katherine@gallatinwatershedcouncil.org
Cell: 860-558-3323
-- Rebecca KurnickAGAI Partnership Coordinatorc 207-462-0499agaimt.com
--
Katherine Berry, Water Policy Manager Gallatin Watershed Council
www.gallatinwatershedcouncil.org | katherine@gallatinwatershedcouncil.orgCell: 860-558-3323
From:Katherine Berry
To:Bozeman Public Comment
Cc:Lilly McLane; Holly Hill; agaipartnerships@gmail.com
Subject:[EXTERNAL]April 9th Sustainability Board Meeting Public Comment
Date:Wednesday, April 9, 2025 11:57:10 AM
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.
Thank you for your consideration, please see the attached comment letter.
Best,The Gallatin Watershed Council and Association of Gallatin Agricultural Irrigators
25.04.09 Public Comment Sustainability Board_ Ditch…
-- Katherine Berry, Water Policy Manager Gallatin Watershed Councilwww.gallatinwatershedcouncil.org | katherine@gallatinwatershedcouncil.org
Cell: 860-558-3323
From:AGAI Partnership Coordinator
To:Katherine Berry
Cc:Bozeman Public Comment; Lilly McLane; Holly Hill
Subject:[EXTERNAL]Re: April 9th Sustainability Board Meeting Public Comment
Date:Wednesday, April 9, 2025 12:43:43 PM
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.
Thanks for including us in this! Was the policy memo submitted separately?
On Wed, Apr 9, 2025 at 11:57 AM Katherine Berry<katherine@gallatinwatershedcouncil.org> wrote:
Thank you for your consideration, please see the attached comment letter.
Best,The Gallatin Watershed Council and Association of Gallatin Agricultural Irrigators
25.04.09 Public Comment Sustainability Board_ Ditch…
-- Katherine Berry, Water Policy Manager Gallatin Watershed Councilwww.gallatinwatershedcouncil.org | katherine@gallatinwatershedcouncil.org
Cell: 860-558-3323
-- Rebecca KurnickAGAI Partnership Coordinatorc 207-462-0499agaimt.com
From:Katherine Berry
To:Bozeman Public Comment
Cc:Lilly McLane; Holly Hill; agaipartnerships@gmail.com
Subject:[EXTERNAL]Re: April 9th Sustainability Board Meeting Public Comment
Date:Wednesday, April 9, 2025 12:49:31 PM
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.
Hello,
In our attached comment letter, submitted before the public comment deadline for theSustainability meeting, we have linked a policy document for reference. While it is past the
public comment period for this meeting, we wanted to additionally attach that policydocument directly here in the case that it makes it more accessible.
Thank you!
Best,
Katherine
UDC Ditches Policy Memo.pdf
On Wed, Apr 9, 2025 at 11:56 AM Katherine Berry<katherine@gallatinwatershedcouncil.org> wrote:
Thank you for your consideration, please see the attached comment letter.
Best,The Gallatin Watershed Council and Association of Gallatin Agricultural Irrigators
25.04.09 Public Comment Sustainability Board_ Ditch…
-- Katherine Berry, Water Policy Manager Gallatin Watershed Councilwww.gallatinwatershedcouncil.org | katherine@gallatinwatershedcouncil.org
Cell: 860-558-3323
-- Katherine Berry, Water Policy Manager Gallatin Watershed Councilwww.gallatinwatershedcouncil.org | katherine@gallatinwatershedcouncil.org
POLICY MEMO
To: Gallatin Water Collaborative Members
From: Gallatin Watershed Council
Date: March 7th, 2025
Re: The City of Bozeman Unified Development Code Update - Agricultural Water User Facilities
Executive Summary
The City of Bozeman is updating its Unified Development Code (UDC) to align regulations with
community plans and strategic goals. Opportunities exist to improve the usability of the code to
clarify the property rights associated with agricultural water user facilities, and align expectations
in the development process.
Background
The Unified Development Code (UDC) is part of Bozeman Municipal Code, regulating
development and land use decisions such as zoning, subdivision and site development, parking
and transportation, affordable housing, and environmental protection. Regulations and
processes regarding agricultural water user facilities are outlined primarily in the following
sections:
● Sec. 38.310.010. - Agricultural water user facilities, under Article 3. - Land Use, Division
38.310. - General Use Standards.
● Sec. 38.410.060. - Easements, under Article 4. - Community Design, Division 38.410. -
Community Design and Elements
● Sec. 38.620.030. - Other provisions, under Article 6. - Natural Resources, Division
38.620. - Watercourse Setbacks.
● Division 38.710. - Submittal Materials and Requirements, under Article 7. - Permits,
Legislative Actions and Procedures
One of the Gallatin Water Collaborative's three objectives is to ensure that groundwater and
surface water supply is managed collaboratively and efficiently to support all water uses. To
further this objective, protecting and maintaining irrigation networks has been identified as a
priority.
Findings of Fact / Issue Analysis
Montana Water Law operates on the prior appropriations doctrine, often referred to as, “first in
time, first in right.” This principle prioritizes the rights of those who first put water to beneficial
use, with criteria such as the purpose of use and point of diversion associated with these rights.
Those with the oldest priority dates get all of their allotted volume before those with later dates
on their water right get any volume. While the state of Montana owns the water, users who hold
water right certificates or permits have the legal right to appropriate it.
In the late 1800s, ditch companies built the canal network that crisscross the Gallatin Valley to
transport water for irrigation and livestock. A ditch company is an organization formed by
landowners who operate and maintain irrigation ditches to divert water from natural sources to
POLICY MEMO
their properties for agricultural use. Ditch companies and water users manage and maintain the
infrastructure necessary for water delivery and at thier own expense. The water rights in a ditch
may be held individually or as shared assets among members. To convey water, ditch
companies control the water rights in the ditch, a prescriptive easement for the path of the ditch
as granted in State Law, and a secondary easement granted in State Law for access for
maintenance.Agricultural water user facilities are private property, and legally protected in State
Law. Montana Code Annotated (MCA) outlines rights associated with ditches and their
easements (70-17-112), the process of abandoning an appropriation right (85-2-404), and
others (85-7-2211 and 85-7-2212).
Today, agricultural water users continue to operate and maintain almost 1,000 miles of canals
and ditches across the Gallatin Valley, servicing thousands of acres of irrigated farmland,
spreading the water out, and recharging groundwater to support downgradient well users, spring
creeks, and late-season flows in the East Gallatin River. Major agricultural water systems in the
County, like Middle Creek Ditch and Farmers Canal, pass through the City of Bozeman. These
ditches run along, under, and around Bozeman's streets, homes, parks, and businesses,
capturing and conveying elevated groundwater and stormwater. While ditch companies steward,
pay the cost, and assume the liability of this system, our whole community benefits.
It is common for development to propose impacts to a ditch, including altering ditch alignment
and size, requesting reduced easements, and building road crossings. Unfortunately, ditch
companies in the Gallatin Valley are small organizations with very limited capacity and are
overwhelmed by the pace of growth, citing financial strain and impacts to predictable water
conveyance. By many accounts, the relationship between irrigators and developers is
challenging and fraught with distrust, frustration, and undesired outcomes. The Unified
Development Code, as currently written, presents challenges in aligning the process followed by
ditch companies with that of the City when reviewing and permitting development impacts.
Based on shared interests, the City of Bozeman would benefit from establishing a more
standard and transparent process to protect ditches and their easements in coordination with
the ditch companies.
Recommendations
Opportunities exist to clarify the UDC to create a more robust and transparent development
review process. In order to align how the Code is executed on the ground with its intent, we
recommend the following. All section references align with the Bozeman Development Code
updated draft text as of Oct 29, 2024:
Sec. 38.310.010. - Agricultural water user facilities.
1. Clarify that interference with canal or ditch easements is prohibited without
consent. Consider including all provisions from MCA 70-17-112 (Interference with Canal
or Ditch Easements Prohibited) in order to establish the legal framework for the review
POLICY MEMO
process and the basis for the application requirements from the outset. Specify that a
“person may not encroach upon or otherwise impair any easement for a canal or ditch”
unless “the holder of the canal or ditch easement consents in writing.” And that all
proposed activities to realign, relocate, cross, divert or discharge water, or otherwise
impact the ditch, ditch easement, and water within must be authorized by the holder of
the canal or ditch easement.
2. Include that the purpose of this section is also to increase transparency and
coordination with holders of canal or ditch easements throughout the development
process.
Sec. 38.410.060. - Easements.
3. Consolidate regulations about Agricultural Water User Facilities to improve clarity
and usability. Considering moving D. Easements for agricultural water user facilities up
into Sec. 38.310.010. - Agricultural water user facilities. The fragmentation of regulation
pertaining to Agricultural Water User Facilities may create confusion and opportunities
for inconsistencies in the code.
4. Clarify conveyance capacity considerations when altering a ditch or installing
culverts and crossings. Several factors must be taken into account when evaluating
the proposed changes to maintain downstream water rights, and safely convey water
through an urbanized area. The ditch geometry and any crossings must be sized to not
only carry deeded water, but also stormwater, high groundwater, and dewatering inputs
from the entire upstream drainage area. Seasonal fluctuation and flood potential should
be carefully considered. It should also be noted that water rights are recorded as a set
flow rate and/or a total volume, which can be called at varying flow rates.
Sec. 38.620.030. - Other provisions.
5. Remove definition of abandonment. The section states: “An agricultural use, activity
or structure is considered abandoned if not used for agricultural purposes for more than
180 consecutive days.” This is incorrect, as abandonment of a ditch is a legal process
out of the jurisdiction of the UDC. Include in Sec. 38.310.010. - Agricultural water user
facilities that abandonment of a ditch cannot be done without a court hearing and
consent from the ditch users.
Division 38.710. - Submittal Materials and Requirements.
6. Require the submission of written consent from the holder of the canal or ditch
easement in the event the development proposes to interfere with the ditch easement in
any way.
General
POLICY MEMO
7. Coordinate with water users and/or agricultural water user facility's authorized
representatives. The City has a vested interest in the function and maintenance of the
ditch network, as it can be used to convey stormwater, high groundwater, and mitigate
flooding impacts. Connecting with agricultural water users can enhance water
management in the City.
8. Require a comprehensive water resources site assessment early on in the
development process. An on the ground assessment should be inclusive of three distinct
resources: watercourses, wetlands, and agricultural water user facilities. Identifying
major site constraints early on in the development process makes good economic sense
and helps align all parties toward a common goal from the beginning.
9. Standardize language and ensure consistency throughout the UDC, including terms
such as “agricultural water user facilities,” “the holder of the canal or ditch easement,”
and “abandonment.”
Conclusion
The UDC Update offers a chance to clarify and coordinate development processes in relation to
ditches, ensuring that expectations and regulations are aligned for all parties involved.
Agricultural water user facilities are private property, though they provide significant public
benefits and play a crucial role in water resource management within the City. These
recommendations support protection of this infrastructure so that ditches can continue to convey
water rights, mitigate flooding, recharge the aquifer, and effectively manage stormwater while
we grow. Engagement in the UDC Update can help advance the Collaborative’s goal to manage
water collaboratively and efficiently to support all water uses through the protection and
maintenance of the irrigation networks. Submit feedback to comments@bozeman.net.
Cell: 860-558-3323
To: Sustainability Board
From: The Gallatin Watershed Council, Association of Gallatin Agricultural Irrigators
Re: Unified Development Code Update, Sustainability Board Areas of Relevance
Date: April 9th, 2025
Dear Sustainability Board,
The Gallatin Watershed Council and Association of Gallatin Agricultural Irrigators are writing to
encourage the inclusion of ‘Agricultural Water User Facilities’ as an Area of Relevance to the
Sustainability Board in its review of regulations and recommendations for the Unified
Development Code (UDC) Update. Working to safeguard this infrastructure falls under the
purview of the Sustainability Board, as it supports solutions and actions identified in the Climate
Plan, including Solution O. Manage and Conserve Water Resources at the watershed scale,
and Action 6.N.3 Encourage Local Agriculture and Preservation of Working Lands. While water
adequacy and conservation are not explicitly in the workplan of the Sustainability Board, it is
recognized by City staff that members of the board have the expertise on this subject, as they
are listed as key advisors in the Integrated Water Resources Plan Engagement Plan.
Agricultural water user facilities, or irrigation ditches, are a major component of our hydrologic
system, playing a crucial role in both community and climate resilience. They recharge our
aquifer, mitigate local flooding, contribute to streams critical for trout spawning habitat, and can
be utilized in emergency situations. For example, the ditch system was instrumental in
managing water during the imminent overtopping of Hyalite Dam and in supporting emergency
water delivery to the Purdy Forest Fire.
Currently, other boards are not explicitly examining agricultural water user facilities as part of the
UDC update or as part of parallel processes like the Wetland Code update. The UDC update
offers a chance to clarify and coordinate development processes in relation to agricultural water
user facilities, ensuring that expectations and regulations are aligned for all parties involved.
We have attached a policy memorandum that examines agricultural water user facilities in the
UDC. It was prepared by The Open Channels Working Group, a working group of the
Collaborative composed of technical experts with generational knowledge and decades of
experience working at the nexus of water and agriculture in the Gallatin Valley. This memo
outlines relevant regulations, provides background on the region's agricultural water
infrastructure, and offers recommendations based on community input and expert knowledge.
We urge you to review the memo and consider the recommendations in your deliberations.
Together we are working to unify local efforts to protect, restore and enhance
water resources in the Lower Gallatin Watershed.
www.gallatinwatercollaborative.org
Thank you for your time and consideration, and continued work to build a more sustainable
community.
Best,
The Gallatin Watershed Council
The Association of Gallatin Agricultural Irrigators
Together we are working to unify local efforts to protect, restore and enhance
water resources in the Lower Gallatin Watershed.
www.gallatinwatercollaborative.org