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HomeMy WebLinkAbout014.02 - Appendix L.4 - Ag Water User MemorandumMEMORANDUM PAGE 1 OF 2 MARCH 2025 MEMORANDUM To: City of Bozeman Community Development & Engineering Departments From: Chris Naumann, Senior Planner, Sanbell Date: 3/6/2025 Reference: Meadow Bridge Subdivision Preliminary Plat—Meadow Creek Ditch Company City Review Comment Responses—Agricultural Water User Facilities & Rights This memorandum synthesizes the applicant’s responses to City Review Comments 24, 45, and 58. These comments are included below for reference. The previously submitted aquatics assessment and wetland delineation reports prepared by Morrison-Maierle establish that the watercourse traversing the subject property south to north is an unnamed tributary of Meadow Creek. “The Bozeman, MT 2020 U.S. Geological Survey (USGS) 7.5-minute topographic map depicts an intermittent stream flowing northwards through the property, terminating into the Farmer’s Canal approximately 1.6 miles to the north. The unnamed narrow (1-2 feet wide) waterway flowing through the subject property widens slightly in landscape depressions, and before and after culvert in/outlets. Northward flow leaves the subject property via a culvert underneath Parkway Avenue, emptying into a small pond/collection system. This waterway is determined as an “unnamed tributary” by the Gallatin Conservation District (Section 2.2.3).” The watercourse emanates from a spring a quarter mile south of the subject property. Neither the spring nor the watercourse appear to be connected to the Middle Creek ditch. The property owner to the south confirmed no knowledge of any diversions on their property that would provide direct connection to Middle Creek ditch. Correspondingly, Appendix L.5 is a letter from water rights attorney, Abby Brown with Parsons, Behle & Latimer. Her research, and the water right abstract in Appendix L.6, suggests the watercourse is an “unnamed tributary of the East Gallatin River” with a source of “waste and seepage”. Her work also identified the potential for the subject watercourse to be within Middle Creek Ditch Company’s historic place of use. No other water users were identified. “Identifying Potentially Impacted Water Users. Comparing the results of above-described searches with the 1953 WRS Map, my determination is that the Project is within Middle Creek Ditch Company’s place of use and the Project proposes a pedestrian bridge to cross an unnamed watercourse that runs from south to north through the Project, which is labeled as a “lateral” of MCDC on the 1953 WRS Map. There is no way in a desktop review for me to determine if that watercourse is, in fact, a lateral of MCDC. My searches did not return any additional potentially impacted agricultural water users. The Project is not within any other water users’ place of use and the only water right that claims a point of diversion on the MEMORANDUM PAGE 2 OF 2 MARCH 2025 unnamed watercourse flowing through the Project is an upstream water right owned by Real Red LLC (41H 16788-00).” The proposed subdivision does include any improvements that would disturb, alter, or impede the unnamed water course traversing the subject property. All the existing road crossing culvert will remain as originally constructed. The land immediately adjacent to the watercourse on both the east and west sides will remain as open space which is the existing condition. The only improvement associated with the watercourse will be the installation of a new pedestrian bridge for the east-west trail connection. This bridge is designed and will be installed to span not only the entire watercourse but also the adjacent delineated wetlands. Therefore, this improvement will not result in any disruption, alteration, or impact any of the aquatic or hydraulic existing condition. Thus, no mitigation efforts will be required. Considering the nature of the watercourse, the corresponding water rights, and intentional design of the pedestrian bridge, the proposed subdivision will have no bearing on the Middle Creek Ditch Company’s agricultural water use facilities or rights. Nonetheless, the applicant did send formal notice to Kevin Haggerty with the Middle Creek Ditch Company on February 25, 2025. That written notice has been provided in Appendix L.7 of the preliminary plat resubmittal. Comment 24 Engineering-Alicia Paz-Solis BMC 38.360.280.B.3—The applicant needs to provide notice of the project to Middle Creek Ditch Company. Please include the names and contact information for the water users and agricultural water user facility's authorized representatives that were provided with written notice, and the date they were provided written notice; and a copy of the notice sent. Comment 45 Water Rights-Griffin Nielson BMC 38.220.060.A.8 and BMC 38.360.280. Agricultural Water User Facilities. The application must identify all water user facilities on or within 100ft of the project and provide notice all users. The names and contact information for all user or user facility's authorized representatives that were provided with written notice, and the date they were provided written notice; and a copy of the notice sent. The preliminary plat application be adequate until this information has been provided. The project falls within the historic service area for the Middle Creek Ditch Company (MCDC), notice to the company must be provided. Comment 58 Planning-Bailey Minnich BMC 38.220.060.A.8.15 Documentation of compliance with adopted standards. The following information must be provided with all subdivision preliminary plat applications in order to document compliance with adopted development standards unless waived by the development review committee during the pre-application process per section 38.240.110: 8. Agricultural water user facilities. The submitted narrative stated there are not any agricultural water users using the watercourse. However, the preapplication comments requested the subdivision application include a letter from the ditch owner (Middle Creek Ditch Company) granting permission for any alternation to the existing ditch configuration or movement of water. This includes the proposed pedestrian bridge, road extensions, landscaping within the watercourse, etc. Please submit a letter from the Middle Creek Ditch Company approving the proposed mitigation or stating this watercourse is not under their jurisdiction to continue adequacy review.