HomeMy WebLinkAbout014.02 - Appendix L.4 - Ag Water User Memorandum an II
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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 S.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. Geofogicaf Survey(USGS) 7.5-minute topographic map depicts an intermittent
stream f(owing northwards through the property, terminating into the Farmer's Cana( approximate(y 1.6
mi(es to the north.
The unnamed narrow(1-2 feet wide) waterway f(owing through the subject property widens s(ight(y in
(andscape depressions, and before and after cu(vert in/out(ets. Northward f(ow feaves the subject property via
a cu(vert underneath Parkway Avenue, emptying into a sma((pond/co((ection system. This waterway is
determined as an "unnamed tributary"by the Ga((atin 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". Herwork also identified the
potential for the subject watercourse to be within Middle Creek Ditch Company's historic place of use. No
otherwater users were identified.
"Identifying Potentia((y Impacted Water Users. Comparing the resu(ts of above-described searches with the
1953 WRS Map, my determination is that the Project is within Midd(e Creek Ditch Company's p(ace 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 fabe(ed as a "fateraf"o f MCDC on the 1953 WRS Map. There is no way in a
desktop review for me to determine i f that watercourse is, in fact, a (atera(o f MCDC.
My searches did not return any additionaf potentia((y impacted agricu(tura(water users. The Project is not
within any other water users'p(ace of use and the onfy water right that c(aims a point of diversion on the
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unnamed watercourse f(owing through the Project is an upstream water right owned by Reaf Red LLC(41 H
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 forthe 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 rec{uired.
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.Thatwritten 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 theirjurisdiction to continue adequacy review.
MEMORANDUM PAGE 2 OF 2 MARCH 2O25