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HomeMy WebLinkAbout04-15-25 Public Comment - H. Harris - Comments on Water Adequacy section of the Bozeman Unified Development CodeFrom:Harley Harris To:Bozeman Public Comment Cc:Lila Rickenbaugh; Patrick Byorth; Sharon Brodie; Megan Casey; Katherine Berry; Brian Heaston Subject:[EXTERNAL]Comments on Water Adequacy section of the Bozeman Unified Development Code Date:Tuesday, April 15, 2025 9:40:54 AM Attachments:UDC_letter_wateradequacy_04142025_LR.docxUDC_GWT_redline_wateradequacy_04142025_LR.docx CAUTION: This email originated from outside of the organization. Do not click links or openattachments unless you recognize the sender and know the content is safe. Please find attached the comments of the Gallatin Water Trust on the above, submitted in connectionwith the City’s ongoing review of the Unified Development Code. Thank you, Harley Harris for the Gallatin Water Trust April 15, 2025 City Commission City of Bozeman 121 N. Rouse Ave. Bozeman, MT 59715 Sent to: comments@bozeman.net Re: Comments on Unified Development Code Revisions Dear Commissioners: The Gallatin Water Trust (GWT) appreciates this opportunity to provide comments on some of the proposed updates to the City of Bozeman Unified Development Code. (“UDC”). The GWT is committed to advancing a functional and effective water rights market in the Gallatin Valley to support responsible community growth while honoring the Valley’s agricultural heritage and protecting its ecological resources. We recognize that the UDC updates will play a critical role in shaping the future of Bozeman and the broader Valley. Our comments included here focus specifically on the Water Adequacy section of the Code (Sec. 38.410.110). GWT is also collaborating with other stakeholders to provide coordinated comments on other sections of the UDC pertaining to Agricultural Water User Facilities (Sec. 38.310.010 and related sections), which will be submitted separately. The State of Montana Department of Natural Resources and Conservation identifies water banking and marketing for mitigation in both its 2023 Montana Drought Management Plan and its 2014 Upper Missouri Basin Water Plan.1,2 Additionally, the concept of a water bank providing water mitigation services in the Gallatin Valley has been in discussion for over a decade. While the current UDC does not preclude the City and users of the UDC from working with a water bank, there are amendments we suggest that will create clearer recognition of and a structure for the City’s collaboration with GWT and other entities participating in water right 1 Montana Department of Natural Resources and Conservation (DNRC). (2023). Montana drought management plan. https://drought.mt.gov/_docs/Montana-Drought-Management-Plan.pdf 2 Montana Department of Natural Resources and Conservation (DNRC). (2014). Upper Missouri River Basin planning report: Water use and availability. https://dnrc.mt.gov/_docs/water/Hydro_science_data/upper_missouri_basin_report_final.pdf banking and water use mitigation. Two of GWT’s primary functions, which we discuss below, are the basis of our comments in the Water Adequacy section. First GWT will identify and/or acquire sources of available mitigation water rights from willing sellers in the Valley. We suggest better defined language in place of the word “useful” in the context of identifying which water rights are suitable for transfer to the City. Clarity in this regard will enable GWT and users of the UDC to better understand the City’s requirements for mitigation water rights. Second, GWT will work to secure the necessary authorizations to convert water rights to mitigation purposes; and once completed, provide the City and developers an opportunity to acquire pre-approved mitigation credits to assure water availability for development. We’ve suggested language to support these mitigation credits in the City’s administrative procedures. These adjustments to the UDC will provide another option for developers and could assist the City in meeting its water supply responsibilities. GWT intends that its efforts effectively support the City’s goals. We believe that incorporating our proposed amendments will strengthen the City’s ability to manage water resources flexibly and effectively. Providing clearer guidelines and an additional option for mitigation for developers will allow the City to pursue sustainable growth while protecting the Valley’s water resources. We appreciate your consideration and look forward to working together to achieve shared goals for Bozeman’s future. GWT’s contact persons for these comments and related matters are Harley Harris (email: harleyrharris@gmail.com; phone (406) 439-8190), and Lila Rickenbaugh (lilarickenbaugh@gmail.com; phone (406) 570-6098). Please let us know if you have any questions regarding our comments. Thank you, Harley Harris for the Gallatin Water Trust Encl. cc: Brian Heaston, bheaston@bozeman.net Sec. 38.410.110. - Water adequacy. A. Subject to subsection B and subsection C, prior to final approval by the review authority of development occurring under this chapter or chapter 10, the applicant must offset the entire estimated increase in annual municipal water demand attributable to the development pursuant to subsection D. B. Compliance with this section is triggered if the estimated increase in annual municipal water demand attributable to the development exceeds 0.25 acre-feet after accounting for the following items as they relate to the development: 1. Current average annual municipal metered water demand; 2. Water demand offsets from a prior payment of cash-in-lieu of water rights; 3. Water demand offsets from a prior transfer of water rights into city ownership, and; 4. Water demand offsets from an existing water adequacy agreement or similarly purposed document. C. Compliance with this section is deferred for any of the following developments until the occurrence of future development if the applicant records a notice of restriction on future development in a form acceptable to the review authority with the Gallatin County Clerk and Recorder: 1. An annexation that expressly defers this section under an annexation agreement; 2. Individual lots of a subdivision final plat planned for future multiple-household development; 3. Individual lots of a subdivision final plat planned for future commercial, industrial, or institutional development, or; 4. Future phases of a phased site development. D. The city will determine the estimated increase in annual municipal water demand attributable to the development. The applicant must offset the estimated increase in annual municipal water demand attributable to the development through one or more of the following means: 1. Transfer of water rights into city ownership that are appurtenant to the land being developed, or other water rights that may be available for transfer, that the city determines to be sufficient to mitigate or offset the estimated annual municipal water demand attributable to the development useful. 2. Implementation of onsite and/or offsite water efficiency and conservation measures that reduce the estimated annual municipal water demand attributable to the development by one or more of the following methods: a. Installation of high efficiency indoor water using fixtures, appliances, and products that are more water efficient than city-adopted plumbing codes or state or federal minimum standards. b. Installation of unirrigated, or minimally irrigated, drought resistant or drought tolerant landscaping that is more water conserving than the minimum requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual and Chapter 40. c. Installation of high efficiency or water conserving irrigation componentry that exceeds the minimum requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual and Chapter 40. d. Installation of non-potable water supply systems for landscaping irrigation purposes. e. Other water efficiency and conservation methods brought forward as part of the development by the applicant that the review authority may at its discretion approve. 3. Payment to the city of cash-in-lieu of water rights for that portion of the estimated annual municipal water demand attributable to the development that is not offset under 1. or 2. above. 4. Conveying to the city, in the city’s name and for its benefit, mitigation or water use offset credits or commitments from a water bank or similar organization for that portion of the estimated annual municipal water demand attributable to the development that is not offset under 1. or 2., above. E. The unit cost for payment of cash-in-lieu of water rights will be established by city commission resolution. The cash-in-lieu of water rights payment amount provided by the applicant under subsection D.3 must be calculated using the unit cost effective on the date the payment is made to the city. The director of public works must deposit all payments received under this section, upon receipt, in the cash-in-lieu of water rights fund. F. The disposition or transfer of any existing water rights associated with the lands upon which development is proposed that are determined by the city to be useful for city purposes must be consistent with an annexation agreement or water adequacy agreement, as applicable. 1. Any other water rights associated with the land that are not transferred to the City, or are not intended to be put to beneficial use within the development, must either be either severed from the land or terminated by the water rights owner. 2. A subdivider or other developer must: a. Reserve all or a portion of the appropriation water rights owned by the owner of the subject property, transfer the water rights to a single entity for use by landowners within the subdivision or other development who have a legal right to the water, and reserve and sever any remaining surface water rights from the land; b. If the land to be subdivided or otherwise developed is subject to a contract or interest in a public or private entity formed to provide the use of a water right on the subdivision lots, establish a landowner's water use agreement that is administered through a single entity and that specifies administration and the rights and responsibilities of landowners within the subdivision who have a legal right and access to the water; or c. Reserve and sever all surface water rights from the land; d. Prior to severing water rights from the land the subdivider or other developer must consult with the city on whether the water rights are suitable to meet the requirements of this section. The city may require transfer of water rights to mitigate impact of development. G. The city manager may adopt, and from time to time amend, administrative procedures to implement this section. The administrative procedures may at a minimum include the following items: 1. Standards established by the director of public works to determine the estimated increase in annual municipal water demand attributable to development. 2. Standards established by the director of public works to determine water demand offset amounts for implementation of water efficiency and conservation measures and water rights transferred into city ownership. 3. Standards governing acceptance of water rights and mitigation or offset credits transferred into city ownership. 4. Standards to establish and govern the use of water demand offsets credits for that portion of demand offsets provided by an applicant that are in excess of the estimated increase in annual municipal water demand attributable to the development. 5. A process that provides for administrative appeals of determinations made by the review authority under this section. 6. Specific criteria that if met may authorize the review authority to waive this section. 7. Standards governing acceptance of water right transfers and mitigation or offset credits and establishing water demand offset credits may enable a deferral of payment of cash-in- lieu of water rights provided that the applicant records with the Gallatin County Clerk and Recorder an executed water adequacy agreement and related documents as approved by the city attorney securing the amount due.