HomeMy WebLinkAboutWater Adequacy Petition Presentation CombinedTuesday, April 22, 2025
Water Adequacy Petition Discussion
•The Initiative conflicts with various City policies
including the Community Plan
•The Initiative is unnecessary to address the City’s
water supply
•The Initiative will lead to higher housing prices
•The Initiative will not lead to the production of
additional affordable housing
Water Adequacy Petition Discussion Tuesday, April 22, 2025
Water Adequacy Petition Discussion Tuesday, April 22, 2025
State Legal Framework
TITLE 76. LAND RESOURCES AND USE
•CHAPTER 1. PLANNING BOARDS
•CHAPTER 2. PLANNING AND ZONING
•CHAPTER 3. LOCAL REGULATION OF SUBDIVISIONS
•CHAPTER 4. STATE REGULATION OF SUBDIVISIONS
•CHAPTER 5. FLOOD PLAIN AND FLOODWAY MANAGEMENT
•CHAPTER 8. BUILDINGS FOR LEASE OR RENT
•CHAPTER 25. MONTANA LAND USE PLANNING ACT
Water Adequacy Petition Discussion Tuesday, April 22, 2025
State Legal Framework
76-25-206.Housing.(1) A local governing body shall identify and
analyze existing and projected housing needs for the projected
population of the jurisdiction and provide regulations that allow for the
rehabilitation, improvement, or development of the number of housing
units needed,…
76-25-207.Local services and facilities.(1) The land use plan must:
(d) determine the existing capacity, existing deficiencies, planned
expansion, and anticipated levels of utility services necessary to serve
the projected population in the jurisdiction, including water,…
Jurisdictional
Framework
Water Adequacy Petition Discussion Tuesday, April 22, 2025
Water Adequacy Petition Discussion Tuesday, April 22, 2025
Context in
Planning Area
•Total planning area
~70 sq. mi.
•Area in Bozeman ~
21.7 sq. mi.
•92% of parcels
outside of Bozeman
are <=20 acres
Water Adequacy Petition Discussion Tuesday, April 22, 2025
Could the City choose
to not grow
anymore?
If we choose not to grow what
is likely to happen?
Is the outcome better or
worse?
If we are to grow how to do so?
Water Adequacy Petition Discussion Tuesday, April 22, 2025
-10%
0%
10%
20%
30%
40%
50%
60%
1910 1920 1930 1940 1950 1960 1970 1980 1990 2000 2010 2020 2030
Percentage of Growth per Decade per US Census
Water Adequacy Petition Discussion Tuesday, April 22, 2025
Water Adequacy Petition Discussion Tuesday, April 22, 2025
Future Land Use Map
•Not time limited
•Not tied to a particular
population or growth rate
•Adopted land use plans have
encouraged development
within the city and on
municipal services since
1983.
Water Adequacy Petition Discussion Tuesday, April 22, 2025
Geographic Scope of Jurisdiction
•Bozeman only regulates
inside its city limits
•All other areas regulated
by Gallatin County or
another municipality
•Only after annexation are
the City’s regulations
applicable
Water Adequacy Petition Discussion Tuesday, April 22, 2025
Adopted Plans
• Bozeman Creek Enhancement Plan – 2012
• Climate Action Plan – 2020
• Community Housing Action Plan – 2020
• Community Transportation Safety Plan – 2013
• Downtown Strategic Parking Management Plan – 2016
• Drought Management Plan – 2022
• Economic Vitality Strategy – 2023
• Fire and EMS Master Plan – 2017
• Five Year Consolidated Housing Plan - 2024
• Gallatin County Hazard Mitigation Plan and Community Wildfire Protection Plan – 2019
• Gallatin Valley Sensitive Lands Protection Plan – 2023
• Housing Needs Assessment – 2019
• Integrated Water Resources Plan - 2013
• Integrated Water Resources Implementation Plan – 2013
• Midtown Action Plan – 2017
• Neighborhood Conservation Overlay District (NCOD) – 2019
• Parks, Recreation, and Active
Transportation Plan – 2023
• Stormwater Facilities Plan – 2025
• Stormwater Management Plan – 2019
• Transportation Master Plan – 2017
• Triangle Community Plan – 2020
• Urban Forestry Management Plan – 2016
• Wastewater Collection Facilities Plan Update – 2015
• Water Conservation and Efficiency Plan – 2023
• Water Facility Plan Update – 2017
Water Adequacy Petition Discussion Tuesday, April 22, 2025
Growth Policy Implications
Potentially Advances
R-1.3 Be inclusive: prioritize broad consultation to create a sense of shared ownership in decision making.
Potentially Conflicts
R-2.4 Social Equity: Provide solutions that are inclusive with consideration to populations that are often most fragile and
vulnerable to sudden impacts.
R-2.5 Technical Soundness: Identify solutions that reflect best practices that have been tested and proven to work in similar
local or regional contexts.
DCD-1.2 Remove regulatory barriers to infill.
DCD-1.13 Pursue acquisition and development of diverse water sources and resources.
EPO-3.5 Update land development standards to implement the Integrated Water Resources Plan.
RC-1.1 Consider regional impacts when making policy decisions affecting areas outside the City.
RC-1.5 Implement the Triangle Community Plan in coordination between Bozeman, Belgrade, and Gallatin County.
RC-3.1 Work with Gallatin County to create compact, contiguous development and infill to achieve an efficient use of land
and infrastructure, reducing sprawl and preserving open space, agricultural lands, wildlife habitat, and water resources.
RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly
surrounded areas.
Goal RC-4: Ensure that all City actions support continued development of the City, consistent with its adopted Plans and
standards.
Water Adequacy Petition Discussion Tuesday, April 22, 2025
Water Adequacy Petition Discussion Tuesday, April 22, 2025
Water Adequacy Petition Discussion Tuesday, April 22, 2025
Conclusion
Concerns are:
Inconsistent with state law planning requirements
Inconsistent with adopted land use and facility plans
Growth pushed outside of city jurisdiction and standards
Reduced ability to provide housing in a manner consistent
with community priorities
Water Adequacy Petition Discussion Tuesday, April 22, 2025
Key Topics
•Current Water Adequacy Policy
•Current Water Supply Snapshot
•Realized and Projected Supply
Expansion
•Citizen Proposed Water Adequacy
Policy Amendment
•Impacts of Citizen Proposed
Water Adequacy Amendment
Water Adequacy Petition Discussion Tuesday, April 22, 2025
Water Adequacy Petition Discussion Tuesday, April 22, 2025
Current Water Adequacy
•Current Policy went into effect in 1984
•Requires that projected water demand of
new development be offset by one or
more of these options:
•Reduce demand with water conservation systems and
techniques
•Pay cash-in-lieu of water rights and City acquires the
water rights
•Bring useable water rights to the City
Water Adequacy Petition Discussion Tuesday, April 22, 2025
Water Supply Tracking Tool
•Bozeman has a Water Supply &
Optimization Tool that allows
the City to proactively forecast
and manage its water supplies.
This tool tracks:
•Current water demands
•Projected water demands for new
projects, including projected savings
from water conservation systems and
techniques associated with projects
•Current water supply
Water Adequacy Petition Discussion Tuesday, April 22, 2025
Current Water Supply Snapshot
Gallons per Capita Day Water Use
Bozeman = 114 GPCD
Others in Montana = 163 GPCD (average)
Comparable Cities =
Boulder, CO: 133 GPCD
Denver, CO: 140 GPCD
Bend, OR: 157 GPCD
Gallons per Household Day Water Use
Bozeman: 188 GPHD
National average: 254 GPHD
Arid Western states: 314 GPHD
City has the experts to efficiently develop water supply, water
rights, and conservation to stay in front of development demands
Development within Bozeman is most Water Sustainable
Percentage of Total Basin Surface Water
Rights in Bozeman Municipal Use
Water Adequacy Petition Discussion Tuesday, April 22, 2025
Approx Bozeman use of Surface
Water Rights in Gallatin Valley
Basin
19 cfs or 0.1% of Total
Total Surface Water Rights in
Gallatin Valley Basin
15,000 cfs (cubic-feet-per-second)
Water Adequacy Petition Discussion Tuesday, April 22, 2025
Hyalite
Creek
Watersh
ed 40%Bozeman
Creek
Waters…
Lyman
Spring 20%
Current Water Supply Snapshot
Water Adequacy Petition Discussion Tuesday, April 22, 2025
How much water does Bozeman have today?
Legal Water Rights
af/yr
Reliable Supply
af/yr
Today’s Total Supply 16,517 11,920
2024 Actual Use 7,100 (43%) 7,100 (60%)
•af/yr = acre-feet/year
•1 acre-foot of water is approximately 1-foot of water over an entire football field.
•1 acre-foot of water supplies approx 4 single family homes or 8 condo/apartment units per year.
•Reliable Supply is the amount available via the City’s existing rights reduced by the impact of a 1 in 5
year drought (similar to what occurred in 2021)
How much water does Bozeman have after accounting for
currently approved, but not yet built development?
Water Adequacy Petition Discussion Tuesday, April 22, 2025
Legal Water Rights (af/yr)Reliable Supply af/yr
Total Supply 16,517 11,920
2024 Actual Use 7,110 (43%)60%
2024 Actual Use, including Approved
Dev of 993 af/yr
8,103 (49%)68%
2025 Unused Water Rights 8,423 (51%)3,814 (32%)
•These projections are conservative and do not account for additional water supply
development included in Conservation and the Capital Improvement Plan over next 5 years.
Realized and Projected
Supply
Expansion
26
Projected Supply Expansion
The projected additional volume of
water that will be realized through
supply projects outlined in the next
5-year CIP is 1,575 AF.
Realized Supply Expansion
Through supply development
projects, the City has realized
1,334 AF of water since 2013.
Citizen Proposed
Water Adequacy
Policy Amendment
27
Citizen Proposed Water Adequacy Policy
Amendment Language – 1st part
Citizen Proposed Water Adequacy Policy
Amendment Language – 1st part
Citizen Proposed Water Adequacy Policy
Amendment Language – 2nd Part
Citizen Proposed Water Adequacy Policy
Amendment Language – 2nd Part
Impacts of Citizen
Proposed Water
Adequacy Policy
Amendment
32
Impacts of Citizen Proposed Water Adequacy Policy
Amendment
•Time for developers to obtain useable water rights = 3-8 years without cash-in-lieu of water rights option. Water rights must be developed in conjunction with water supply projects.
•Would developers provide a well for each project that the City would then own/maintain? This is highly inefficient. Much more efficient to develop water supplies that serve larger areas of City, not just one development.
Impacts of Citizen Proposed Water Adequacy Policy
Amendment
•Pressure on Bozeman’s water supply, and other infrastructure systems, will continue to
increase as commuters will still come to Bozeman as MSU and other services, such as
healthcare continue to expand.
•Water demand less efficient outside Bozeman. Overall water system impact in Gallatin
Valley be heavier impact from residential uses.
Impacts of Citizen Proposed Water Adequacy Policy
Amendment
•Eliminates water conservation incentives for new development
o Implementing/installing any water efficient processes, systems, fixtures, or outdoor
landscaping within an existing development (‘offsite offsets’)
•Offsite offset projects must save water in perpetuity through the installation of water
efficient processes/fixtures. I.e.- fixing a leak would not qualify as an offsite offset.
•Offsite offsets are a win-win-win because they allow for water-neutral growth.
1)The applicant can meet water adequacy requirements and gain approval
2)Existing property owner(s) benefit from zero-cost efficiency improvements, resulting in lower utility
costs long-term and improved performance of processes/fixtures etc.
3)The City can accommodate growth without impacts to its water supply
Unintended Impacts of Citizen Proposed Water
Adequacy Policy Amendment
•May create an unfavorable marketplace from which to buy
reasonably priced water rights
•Will affect City budgets and City ability to meet citizen water
service needs cost effectively
•Developers will not be able to meet the requirements to use the
cash-in-lieu program - City Economic Development will provide
financial discussion
Income to Afford the Median
Home
0%
50%
100%
150%
200%
250%
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
2016 2017 2018 2019 2020 2021 2022 2023 2024
Income Required to Afford the Median Home
Median Home Price 100% AMI for Family of 4
Required Annual Income % AMI for Family of 4
Bozeman 2016 2017 2018 2019 2020 2021 2022 2023 2024
Median Home Price $359,500 $381,500 $427,500 $460,000 $540,000 $700,000 $755,000 $767,500 $784,500
100% AMI for Family of 4 $74,200 $71,000 $81,200 $90,300 $90,400 $88,900 $104,700 126,400 109,000
Required Annual Income $81,529 $88,594 $103,228 $104,448 $112,290 $142,147 $201,902 $219,205 $227,162
% AMI for Family of 4 110%125%127%116%124%160%183%173%208%
g jAffordable Housing Action Plan
2019
Population and Housing Growth
EPS 2024
Deliveries & Vacancy
Average Monthly Rent
Rents Lag Deliveries
Home Ownership Income Gap
For-sale Home Prices
and Land Cost
Average Lot Prices - Gallatin Association of REALTORS, Single Family
Homes
2020 $145,861
2021 $324,750
2022 $396,000
2023 $311,873
2024 $256,479Average Sales Prices - Gallatin Association of REALTORS, Single
Family Homes
2020 $784,017
2021 $905,011
2022 $865,114
2023 $886,845
2024 $879,158
Feasibility of
Affordable For-Sale Homes
Where Does Housing Come
From?
Image Credit: Priceonomics
Where Do Housing Costs Come
From?
•The cost of inputs drives
housing costs.
•Demand increases the cost
of inputs.
Housing Cost Inputs
•Land
•Lumber
•Labor
•Leverage
•Water rights are essential for housing, but not a major
cost driver
No Affordability Without Subsidy
7th and Aspen Project
How to Pick an Affordability
Target
Root Policy Research 2021
Root Policy Research 2024
Feasibility of
WARD Affordability Target
“Bozeman faces a severe lack of affordable housing.
Therefore,the requirement of 33%affordable units to satisfy
the city’s water adequacy requirement is justified to begin to
combat this at a faster rate than 5%,15%,or 20%.
Additionally, this figure challenges developers to include
more affordable housing to receive the benefit of CILWR, the
main way for developers to get sufficient water access to
create more residential developments.”
affordability target does not
work?
•City Experience with Inclusionary Zoning
o 10% affordability requirement
o 16 units
o Most developers paid cash-in-lieu
Regional Housing Market
Demand
Will WARD Cause Sprawl?
Source: U.S. Census, On the Map, 2022
Future Tax Revenue and Tax
Rates?
•Newly taxable value spreads the tax base over more
properties
•Tax generation from existing properties are capped and
do not keep up with inflation.
•Increased home costs and property values may result in
higher taxes.
What are the effects of WARD on
Economic Development?
•Housing is essential for
attracting and retaining
talent
•Construction industry
represented 6,413 of
59,071 Gallatin County
jobs in 2020
Summary of WARD Impacts
•May increase taxes
•May inhibit talent retention and attraction
•May promote sprawl
•May increase home prices by constraining supply
•May increase rents by constraining supply
•The Initiative conflicts with various City policies
including the Community Plan
•The Initiative is unnecessary to address the City’s
water supply
•The Initiative will lead to higher housing prices
•The Initiative will not lead to the production of
additional affordable housing
Water Adequacy Petition Discussion Tuesday, April 22, 2025
Jurisdictional Framework
Gallatin County
future land use map