HomeMy WebLinkAbout14-Rocky Mountain Flats Ag Water User NoticeDITCH
Agricultural Water User Facilities - Notice Checklist
The notice process for agricultural water user facilities at BMC 38.360.280 (hereafter “ditches”) requires land
developers to engage in advanced discussions with water users prior to the submittal of a development
application for the subject property. This notice process is designed to reduce potential conflicts by providing a
reasonable opportunity for owners of water rights to protect their property interests in ditches.
This checklist must be included as a required application material for the following development application types:
subdivision pre-applications; subdivision preliminary plats; site concept plans; site plans, master site plans, planned
development zones.
A. APPLICABILITY OF THE DITCH NOTICE PROCESS TO THE PROPOSED DEVELOPMENT
APPLICATION YES NO
1. A ditch is present on-site, within 100 feet of the exterior boundaries of the proposed development or
is impacted by an offsite improvement regardless of the distance to the exterior development
boundary. (The remainder of this checklist is not required to be completed if the answer is NO.)
X
2. A previous development review completed the ditch notice process at BMC 38.360.280, the instant
development application is fully in compliance with the earlier approval, and there are no additional
ditch impacts proposed. (The remainder of this checklist is not required to be completed if the answer
is NO.)
X
3. The previous ditch notice process was completed for an application type for which an approval
document was not issued by the City (e.g. subdivision pre-application, or site concept plan) and no
new or additional ditch impacts are proposed. (The remainder of this checklist is not required to be
completed if the answer is YES.)
X
B. WATER RIGHTS RECORDS RESEARCH TO IDENTIFY PARTIES FOR NOTICE YES NO
1. The historic Water Resources Survey of Gallatin County shows a mapped ditch on the subject
property. X
2. The historic Water Resources Survey of Gallatin County shows the subject property is within the
place of use of a ditch company water right. X
3. The MT DNRC water rights query system was used to identify owners of water rights. X
4. Water rights were identified with a place of use or point of diversion on the subject property. X
5. Water rights with a downstream place of use were identified as being conveyed in the ditch on the
subject property or in an offsite ditch affected by an offsite improvement associated with the
proposed development.
X
6. The subject property is within the place of use of any water rights owned by Farmers Canal Company,
Middle Creek Ditch Company, or West Gallatin Canal Company. If yes, mail the notice c/o of the
President of the Board of Directors to the owner mailing address indicated on the company’s water
rights abstracts.
X
C. DITCH NOTICE PACKAGE YES NO
1. A complete copy of the ditch notice package was sent to all water right ownership parties identified
in Section III.B as having a water right conveyed in the ditch(es) on the subject property or conveyed
in offsite ditches affected by an offsite improvement associated with the proposed development.
X
2. A copy of the proposed development layout was included with the notice package. X
3. A description of any anticipated impacts to the ditch and any mitigation proposed to remedy such
impacts was provided with the notice package. X
III. DITCH NOTICE PROCESS
I. PURPOSE
II. APPLICABILITY
Commented [MM1]: Should be remainder of checklist is
not required to be completed if the answer is “YES”, correct?
4. The notice package states that the noticed party has 45 calendar days to provide written comments
back to the notifying party. X
5. There are changes to the proposed project between the subdivision pre-application or site concept
plan stage and formal subdivision or plan review application that have resulted in new or additional
impacts to ditches that were not previously noticed. If yes, another complete round of noticing must
occur for the formal application.
X
D. DEVELOPMENT APPLICATION SUBMITTAL MATERIALS YES NO
1. The application submittal materials describe how noticed parties were identified and contain a
complete mailing address list of all noticed parties. X
2. The application submittal materials include a complete copy of the notice package sent to the
noticed parties. X
3. The application submittal materials show that at least 45 calendar days have elapsed for all noticed
parties to provide response. – In process concurrent with site plan re-submittal
4. The application submittal materials provide a copy of the written responses received, and for each
party that did not provide a written response, an affirmative statement that no response was
received. – In process concurrent with site plan re-submittal
Alfred M. Stiff Professional Building
20 East Olive Street
Bozeman, MT 59715
phone 406-582-2260, #5
fax 406-582-2263
planning@bozeman.net
www.bozeman.net/planning
DITCH NOTICE CHECKLIST Page 2 Of 2 Revision Date: 06/18/2025
CONTACT US
1004 South Ave W. Missoula, Montana bluelinedevelopment.com
September 10, 2025
Dear Water Users,
The enclosed letter is a second and revised notice to the agricultural water user notices that were
sent on April 9, 2025 pertaining to the proposed Rocky Mountain Flats project. The original notice
did not include one of the necessary exhibits for the proposed development as outlined in Bozeman
Municipal Code Section 38.360.280.B.1.b, so this revised notice is intended to correct that
deficiency. This revised notice now includes 2 additional exhibits – Site Overview Figure &
Fowler Cross Lane Section – as well as an updated Ditch Notification Figure. The updated Ditch
Notification Figure now includes name designations for each of the 4 ditches along this portion of
Fowler that can be used for reference in the feedback we receive from you.
We appreciate you taking the time to review this notice again. The comments we received in
response to the previous notice are still applicable and will be provided to city staff during review
of this project. However, many of the comments we received were related to alterations to the
ditches that took place as part of the development of an adjacent property and were not specific to
our project’s proposed changes. BlueLine Development, Inc. (BDI) is not affiliated with the
development on the adjacent property or the previous ditch alterations that took place as part of
that project. Therefore, with this new notice we are requesting feedback from you that specifically
pertains to our the proposed alterations to the portions of West Ditch 1, East Ditch 1, and East
Ditch 2 as outlined in the enclosed Ditch Notification Figure. In order to finalize the design of the
widening of this portion of Fowler Lane and the alterations to these ditches, BDI and the City of
Bozeman need feedback on the specific alterations that are proposed as part of this Rocky
Mountain Flats project.
In the coming weeks, you will be sent a Ditch Relocation Agreement to review. If you do not have
comments on the proposed ditch alterations, we will be asking that you sign the Ditch Relocation
Agreement. If you do have comments on the proposed alterations, or to not intend to sign the Ditch
Relocation Agreement, please provide that feedback so BDI and the City of Bozeman can
determine how to proceed.
1004 South Ave W. Missoula, Montana bluelinedevelopment.com
We’d be happy to meet on site to review and discuss the proposed alterations.
Sincerely,
Christian Pritchett
1004 South Ave W. Missoula, Montana bluelinedevelopment.com
9/10/2025
Middle Creek Ditch Company
c/o Peg Easton – President
PO Box 2 Bozeman, MT 59715 West Gallatin Canal Company
c/o Jared Black – President
PO Box 553 Gallatin Gateway, MT 59730-0553 Montana State University Foundation Inc.
PO Box 172750
Bozeman, MT 59717 Montana State University System Office of Legal Counsel
211 Montana Hall
PO Boxes 172420 Bozeman, MT 59717-2420 Haggerty Family LLC
5100 Patterson Rd.
Bozeman, MT 59718 Bradley Family Revocable Trust c/o Roy G. and Bobbie Jo Bradley
5912 Our Way
Citrus Hights, CA 95610-6709 Gordon & Jacklyn Bradley Family Trust c/o Gordon & Jacklyn Bradley Trustees
3852 46th Ave NE
Seattle, WA 98105
Glenn David Cowles Trust
c/o Roy Gary Bradley – Trustee
5912 Our Way Citrus Heights, CA 95610-6709 Fowler RK Holdings LLC
685 Vandyke Rd.
Bozeman, MT 59718-7829 Dayle Kountz 5550 Blackwood Rd.
Bozeman, MT 59718
Steven R. Aaker 15658 Deer Mountain Cir. Broomfield, CO 80023-9450
William M.B. Gavin Renee R. Gavin 4929 Fowler Ln Bozeman, MT 59717-5042
May L Herzia Revocable Living Trust c/o May L. Herzia, Trustee 5180 Stucky Road Bozeman, MT 59718-6945
Dear Water Users,
BlueLine Development, Inc. (hereinafter “BDI”), the developer of the Rocky Mountain Flats
Development (hereinafter “RMF Development”), pursuant to Bozeman Municipal Codes
1004 South Ave W. Missoula, Montana bluelinedevelopment.com
38.220.060.A.8 and 38.360.280(B), and at the request of the City of Bozeman, is providing this letter
as additional notice to agricultural water users that may be affected by the RMF Development, which
is located generally in the N2S2SWSW of Section 23, Township 2S Range 5E, Gallatin County,
Montana (hereinafter the “Project” or “RMF Plan”). BDI has determined that project required
improvements related to the RMF Development may affect your agricultural water user interests
in the East Fowler Ditch and/or the West Fowler Ditch adjacent to Fowler Lane. These improvements
include, but are not limited to, improvements to Fowler Lane, as well as related water, sanitary sewer,
and stormwater infrastructure. Copies of the Project’s proposed project layout, as well as drawings of
the proposed improvements to Fowler Lane, are enclosed herewith.
BDI has reviewed the following sources to identify the potentially impacted water users:
Montana Department of Natural Resources & Conservation online Water Rights Query System
(WRQS), the Gallatin County Water Resources Survey Map (State Engineer’s Office, 1953), and the
Montana Bureau of Mines and Geology GIS rendering (Surface Water Monitoring GIS Map). There is
no additional known public index of ditches or ditch users in Gallatin County. Based on the available
sources, RMF has identified that you might be impacted by the above-described improvements to
Fowler Lane. If you are aware of other agricultural water users who may convey water rights via the
above-described ditches, please provide that information in your comments.
BDI does not anticipate that the Project will adversely affect any of the identified water use
facilities. Specifically, the developer does not anticipate disruption to any users of the East Fowler Ditch
due to the abandonment of that ditch on the Project property because there are no known users of the
East Fowler Ditch north of the Project boundary. The developer also does not anticipate disruption to
the current users of the West Fowler Ditch Lane due to the realignment of that ditch. The West Fowler
1004 South Ave W. Missoula, Montana bluelinedevelopment.com
Ditch needs to be realigned because its current alignment conflicts with the future widened street section of
Fowler Lane. The existing West Fowler Ditch will be relocated several feet to the west of its current location
to accommodate the widened street section. The bottom of the current ditch is between 3 and 5 feet behind
(west of) the future curb line of Fowler Lane, so to accommodate the proposed widened curb alignment the
ditch must be relocated to approximately 6 feet west of the future curb line. This proposed realignment of the
West Fowler Ditch across the Project will match the alignment of the ditch north of the Project property. This
proposed realignment is necessary to accommodate the required widening of Fowler Lane across the Project
property.
BDI is committed to working with any potentially impacted water users to arrive at reasonable
accommodations to ensure the water users continue to receive their water rights to which they are legally
entitled in the same quantity and quality as they receive now. BDI will therefore enter into a Ditch
Relocation Agreement with any impacted agricultural water user to ensure that the water users access
to water is not adversely affected by the RMF Development improvements.
Bozeman Municipal Code 38.360.280(1)(e) specifically requires that potentially impacted
agricultural water users receive notice of a proposed Project that could impact their agricultural water
use facilities. The Code also states that you have forty-five (45) days from the date of this letter to
submit written comments regarding the Project as it relates to modifications of agricultural water
facilities. Those comments may be submitted to W. John Tietz via first class mail to Browning,
Kaleczyc, Berry & Hoven, PC, P.O. Box 1697, Helena, MT 59624, or via email to john@bkbh.com.
Any comments received will be submitted to the City of Bozeman as part of the Project application.
Should the Project’s design plan changes in a way that may impact your agricultural water user
facility, I will provide notice of those changes to you in accordance with Bozeman Municipal Code
1004 South Ave W. Missoula, Montana bluelinedevelopment.com
36.360.280(4). Thank you for your time on this matter. Should you have questions or if you would like
to arrange a meeting at the site to review the project, please feel free to contact me at (406) 214-2052
or via email at Christian@bluelinedevelopment.com.
Sincerely,
Christian Pritchett Chief Development Officer, BlueLine Development
PROJECT SITEVICINITY MAPROCKY MOUNTAIN FLATSDATE: January 2024NPROJECT NO: 749-01BLACKWOOD ROADSTUCKY ROADKAGY BLVDFOWLER LANE
COTTONWOOD ROAD
S 19TH AVE
S 27TH AVE
GRAF STREETGOLDENSTEIN LANENOT TO SCALE
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S 31ST AVEMEAH LN
BLDG A
BLDG B
BLDG B
60' PUBLIC STREET &
UTILITY EASEMENT (TYP.)
60' PUBLIC STREET &
UTILITY EASEMENT (TYP.)
50' PUBLIC STREET &
UTILITY EASEMENT
35' WIDE LOCAL
STREET SECTION
35' WIDE LOCAL
STREET SECTION
33' WIDE LOCAL
STREET SECTION
38' WIDE ARTERIAL
STREET SECTION
FUTURE BOULEVARD SIDEWALKS BY OTHERS
15" SANITARY SEWER
MAIN EXTENSION
16" WATER MAIN
EXTENSION
18" STORM TRUNK MAIN EXTENSION
10' WIDE ASPHALT
SHARED USE PATH
8" SANITARY SEWER MAIN EXTENSION (TYP.)
8" WATER MAIN EXTENSION (TYP.)
CURB INLETS (TYP.)
150' ASPHALT TAPER TO
EX. GRAVEL ROAD SECTION
WIDEN 31ST AVE TO A 33' STREET SECTION
ACROSS THE PROPERTY FRONTAGE
PRO. HYDRANT (TYP.)
CURB CHASE
STUB AND CAP 18" STORM MAIN AT PROPERTY LINE
STUB AND CAP 16" WATER MAIN
FOR FUTURE EXTENSION
STUB AND CAP 15" SEWER MAIN
FOR FUTURE EXTENSION
END PAVING
PRO. STREET PAVING
CROSSWALK
RETENTION POND
EX. 35' LOCAL STREET
SECTION TO BE EXTENDEDEX. 35' LOCAL STREET
SECTION TO BE EXTENDED
L.I.D. POND FOR FOWLER STORMWATER RUNOFF
EX. GRAVEL ROAD
CURB INLETS (TYP.)
STORMTECH CHAMBER SYSTEMS (TYP.)
EX. DITCH CULVERT
TO BE REMOVED
AND RELOCATED
TO SOUTH
EX. DITCH TO BE
RE-GRADE TO WEST
EX. DITCHES TO BE FILLED TO SOUTHERN PROPERTY LINE
EX. DITCH
CULVERT TO
REMAIN EX. EAST DITCH TO BE DIVERTED INTO RELOCATED CULVERT.
EX. DITCHES TO BE DRY NORTH OF CULVERT
RETENTION POND RETENTION POND GRAVEL FIRE LANEGRAVEL FIRE LANE
CITY PARK
CITY PARK
PROPERTY BOUNDARY
PROPERTY BOUNDARY
PAVED PARKING
PAVED PARKING
RETENTION POND
EX. CULVERT AT NORTHERN PROPERTY LINE TO BE SALVAGED AND
RELOCATED ACROSS FOWLER. EXACT LOCATION OF CULVERT
RELOCATION TO BE COORDINATED WITH PROPERTY OWNER.
0 100'200'
SCALE 1" = 100'
SITE OVERVIEW FIGURE
ROCKY MOUNTAIN FLATS
DATE: September 10, 2025
NPROJECT NO: 749-01
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15''SS15''SS15''SS15''SS0 60'120'
SCALE 1" = 60'
DITCH NOTIFICATION FIGURE
ROCKY MOUNTAIN FLATS
DATE: August 27, 2025
N
PROJECT NO: 749-01
RECENTLY INSTALLED CULVERT TO BE REMOVED
EAST DITCH 1 AND EAST DITCH 2 TO BE
ABANDONED AND FILLED ACROSS PROPERTY
LIMIT OF ABANDONMENT OF EAST DITCH 1 AND EAST DITCH 2
EXISTING WEST DITCH 1 SECTION TO BE
MATCHED ACROSS PROJECT FRONTAGE
PROPOSED LIMIT OF DITCH RE-GRADING
PROPOSED LIMIT OF DITCH RE-GRADING
EXISTING CULVERT TO REMAIN
CULVERTS TO BE REMOVED
CULVERTS TO BE REMOVED
WEST DITCH 1 TO BE RE-GRADED ACROSS
PROPERTY FRONTAGE TO SHIFT DITCH ~2' WEST
TO ACCOUNT FOR REQUIRED ROAD WIDENING
LEGEND
EXISTING DITCH ℄ / TOE OF BANK
DITCH TO BE ABANDONED & FILLED
DITCH TO BE REALIGNED / REGRADED
CURRENT END OF EAST DITCH 2
LATERAL HAS BEEN FILLED NORTH OF PROPERTY LINE
WEST DITCH 1
EAST DITCH 1
EAST DITCH 2
EAST DITCH 2 TO BE DIVERTED
INTO EXISTING CULVERT HERE
EAST DITCH 1
EAST DITCH 2
DAYL
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DAYL
E
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FOWL
E
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RG 54
0
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NOTE: THE PROPOSED ALTERATIONS DEPICTED ON THIS
FIGURE ARE ONLY INTENDED FOR NOTIFICATION AND
COORDINATION PURPOSES WITH THE WATER RIGHTS
OWNERS WHO HAVE AN INTEREST IN THESE DITCHES. THE
PROPOSED PROJECT, INCLUDING THE ALTERATION OF
THESE DITCHES, IS UNDER REVIEW AT THE CITY OF
BOZEMAN AT THE TIME OF CREATION OF THIS FIGURE.
THEREFORE, THIS FIGURE IS NOT INTENDED TO REFLECT
THE FINAL DESIGN OR TO BE USED FOR CONSTRUCTION
PURPOSES. REFER TO THE APPROVED INFRASTRUCTURE
PLAN SET FOR ROCKY MOUNTAIN FLATS (WHEN
COMPLETED) FOR FINAL DESIGN PLANS.
WEST DITCH 2
(NO ALTERATIONS PROPOSED)FOWLER LANECURRENT END OF EAST DITCH 1
LATERAL IS CULVERTED WEST ACROSS FOWLER LANE
80.0' PUBLIC STREET EASEMENT38.0' TBC TO TBC18.5' DRIVE LANE18.5' DRIVE LANE20.0' BOULEVARD10.5' DITCHINTEGRAL CURB & GUTTER4" ASPHALT SECTION (2 LIFTS)6" THICK SECTION 1.5" MINUSCRUSHED GRAVEL BASE COURSE12" THICK SECTION 4" MINUSPIT RUN GRAVEL SUB-BASE COURSE4:1
MAX
FILL SLOPE4:1 MAX CUT SLOPEEX. 30.0' EASEMENTPRO. 50.0' EASEMENT0.5'0.5'10.0' ASPHALT PATH1.0'1.5:1 SLOPE
FUTURE 12.0'EXPANSION(BY OTHERSFUTURE 8.0'BOULEVARDFUTURE CURB & GUTTER2.0%2.0%2.0%1.5%0.5'AVG. 3' DEPTHFROM CURBSLOPE OF WESTDITCH BANK VARIESTO TIE INTO EX. BANKAPPROXIMATE REPRESENTATIONOF EX. GRADE. GRADE VARIESALONG ROAD SECTIONEX. ROADSIDE DITCH TO BE FILLED ACROSS PROPERTY FRONTAGEEX. DITCH LATERAL TO BE FILLEDACROSS PROPERTY FRONTAGE10'020'1" = 10'SCALEFOWLER LANE CROSS SECTIONROCKY MOUNTAIN FLATSDATE: August 27, 2025NPROJECT NO: 749-01