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HomeMy WebLinkAbout027 Agricultural Water User FacilitiesGallatin Center Subdivision Preliminary Plat Application 27 - Agricultural Water User Facilities Please see the responses below to the items in Section 38.220.060 – Additional Subdivision Preliminary Plat Supplements in the Bozeman Municipal Code. a. Type, description, ownership, and users of facilities. Two watercourses run south to north through the property: East Catron Creek and West Catron Creek. The property owner believes that West Catron Creek may function as an irrigation ditch maintained by Farmer’s Canal. A Farmer’s Canal representative, Dan Triemstra, confirmed that one of the creeks on the property is used for Farmer’s Canal irrigation services. b. Written documentation demonstrating active use of the facilities, for example the delivery of non-potable water supplies for irrigation, conversion to storm water facilities, or other use. If a facility is not being actively used nor intended to be used in the future, include a written plan for discontinuance including all documentation required pursuant to Montana Law. An authorized representative of Farmer’s Canal, Dan Triemstra, was contacted to provide comments on the proposed subdivision and to identify any known water users who should be notified. Mr. Triemstra responded, stating that he does not anticipate any adverse impacts to the ditch infrastructure or operation from the subdivision improvements. He did not identify any downstream water users to be notified. The Farmer’s Canal correspondence is included in this section. A water rights search was conducted using the DNRC Water Rights Query System to identify any owners associated with the property. Two Statements of Claim were found, both listing the same owners. The DNRC Water Rights Statements of Claim are included in this section. In compliance with BMC Section 38.360.280, water rights owners were notified of the proposed subdivision by mail sent to the addresses listed in the Statements of Claim. Copies of the water rights owner correspondence are included in this section. No comments have been received from the contacted owners. c. Describe any proposed realignment. All realignments must comply with all relevant requirements of Montana Law. No realignments are proposed with the subdivision. d. Information from the owner(s) of the facility concerning the proposed use or discontinuance of the facility. The water rights owners did not provide any comments during the 45-day notice period, which terminated on June 2, 2025. A Farmer’s Canal representative, Dan Triemstra stated that he does not anticipate any adverse impacts to the ditch infrastructure or operation from the subdivision improvements. 27 – Agricultural Water User Facilities DNRC Water Rights Statement of Claim April 17, 2025 41H 117305-00 Page 1 of 3 General Abstract STATE OF MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION 1424 9TH AVENUE P.O. BOX 201601 HELENA, MONTANA 59620-1601 GENERAL ABSTRACT Water Right Number:41H 117305-00 STATEMENT OF CLAIM Version:3 -- POST DECREE Version Status:ACTIVE Owners:2B HOLDINGS LLC 81 JEFFERSON RIVER RD THREE FORKS, MT 59752-9765 AUTO XTREME INC 18601 LYNDON B JOHNSON FWY STE 525 MESQUITE, TX 75150-5614 BOZEMAN 6 LLC 600 S MAIN ST BUTTE, MT 59701-2534 BW BOZEMAN LLC 1075 N MAIN ST STE 120 LOGAN, UT 84341-3106 GKT GALLATIN SHOPPING CENTER CC LLC % TKG MANAGEMENT LLC 211 N STADIUM BLVD STE 201 COLUMBIA, MO 65203 GKT GALLATIN SHOPPING CENTER SX LLC % TKG MANAGMENT INC 211 N STADIUM BLVD STE 201 COLUMBIA, MO 65203 GKT GALLATIN SHOPPING CENTER VM LLC % TKG MANAGEMENT LLC 211 N STADIUM BLVD STE 201 COLUMBIA, MO 65203 GLACIER LODGING LLC 857 W WASHINGTON ST STE 301 MARQUETTE, MI 49855-4176 INTREPID CREDIT UNION PO BOX 159 HELENA, MT 59624 Priority Date:NOVEMBER 2, 1895 Enforceable Priority Date:NOVEMBER 2, 1895 Type of Historical Right:FILED Purpose (Use):IRRIGATION Irrigation Type:FLOOD Maximum Flow Rate:2.88 CFS April 17, 2025 41H 117305-00 Page 2 of 3 General Abstract Maximum Volume:THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. Climatic Area:4 - MODERATELY LOW Maximum Acres:160.00 Source Name:UNNAMED TRIBUTARY OF EAST GALLATIN RIVER Source Type:SURFACE WATER Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Twp Rge County 1 SWSWSE 35 1S 5E GALLATIN Period of Diversion:APRIL 1 TO OCTOBER 1 Diversion Means:HEADGATE Period of Use:APRIL 1 to OCTOBER 1 Place of Use: ID Acres Govt Lot Qtr Sec Sec Twp Rge County 1 60.00 W2SE 35 1S 5E GALLATIN 2 70.00 W2NE 35 1S 5E GALLATIN 3 30.00 W2E2NE 35 1S 5E GALLATIN Total:160.00 Geocodes/Valid:06-0904-35-1-05-01-0000 - Y 06-0904-35-1-05-03-0000 - Y 06-0904-35-1-05-25-0000 - Y 06-0904-35-1-05-30-0000 - Y 06-0904-35-1-37-01-0000 - Y 06-0904-35-1-37-15-0000 - Y 06-0904-35-1-37-20-0000 - Y 06-0904-35-1-40-01-0000 - Y 06-0904-35-1-40-05-0000 - Y 06-0904-35-1-40-10-0000 - Y 06-0904-35-1-40-15-0000 - Y 06-0904-35-1-45-01-0000 - Y 06-0904-35-1-45-05-0000 - Y 06-0904-35-1-50-01-0000 - Y 06-0904-35-1-50-04-0000 - Y 06-0904-35-1-50-06-0000 - Y 06-0904-35-1-50-08-0000 - Y 06-0904-35-1-50-10-0000 - Y 06-0904-35-4-15-15-0000 - Y Remarks: THE WATER RIGHTS FOLLOWING THIS STATEMENT ARE SUPPLEMENTAL WHICH MEANS THE RIGHTS HAVE OVERLAPPING PLACES OF USE. THE RIGHTS CAN BE COMBINED TO IRRIGATE ONLY OVERLAPPING PARCELS. EACH RIGHT IS LIMITED TO THE FLOW RATE AND PLACE OF USE OF THAT INDIVIDUAL RIGHT. THE SUM TOTAL VOLUME OF THESE WATER RIGHTS SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 117304-00 117305-00 THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE MULTIPLE USES OF THE SAME RIGHT. 41H 114950-00, 41H 114953-00, 41H 117305-00 OWNERSHIP UPDATE RECEIVED OWNERSHIP UPDATE TYPE DOR # 154216 RECEIVED 05/17/2012. OWNERSHIP UPDATE TYPE DOR # 154201 RECEIVED 11/10/2014. OWNERSHIP UPDATE TYPE DOR # 161303 RECEIVED 12/01/2016. OWNERSHIP UPDATE TYPE DOR # 219165 RECEIVED 12/20/2019. April 17, 2025 41H 117305-00 Page 3 of 3 General Abstract OWNERSHIP UPDATE TYPE DOR # 214792 RECEIVED 04/03/2020. OWNERSHIP UPDATE TYPE DOR # 241334 RECEIVED 07/13/2022. OWNERSHIP UPDATE TYPE DOR # 244313 RECEIVED 10/03/2022. OWNERSHIP UPDATE TYPE 608 # 260173 RECEIVED 03/29/2024. April 17, 2025 41H 117304-00 Page 1 of 3 General Abstract STATE OF MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION 1424 9TH AVENUE P.O. BOX 201601 HELENA, MONTANA 59620-1601 GENERAL ABSTRACT Water Right Number:41H 117304-00 STATEMENT OF CLAIM Version:3 -- POST DECREE Version Status:ACTIVE Owners:2B HOLDINGS LLC 81 JEFFERSON RIVER RD THREE FORKS, MT 59752-9765 AUTO XTREME INC 18601 LYNDON B JOHNSON FWY STE 525 MESQUITE, TX 75150-5614 BOZEMAN 6 LLC 600 S MAIN ST BUTTE, MT 59701-2534 BW BOZEMAN LLC 1075 N MAIN ST STE 120 LOGAN, UT 84341-3106 GKT GALLATIN SHOPPING CENTER CC LLC % TKG MANAGEMENT LLC 211 N STADIUM BLVD STE 201 COLUMBIA, MO 65203 GKT GALLATIN SHOPPING CENTER SX LLC % TKG MANAGMENT INC 211 N STADIUM BLVD STE 201 COLUMBIA, MO 65203 GKT GALLATIN SHOPPING CENTER VM LLC % TKG MANAGEMENT LLC 211 N STADIUM BLVD STE 201 COLUMBIA, MO 65203 GLACIER LODGING LLC 857 W WASHINGTON ST STE 301 MARQUETTE, MI 49855-4176 INTREPID CREDIT UNION PO BOX 159 HELENA, MT 59624 Priority Date:MAY 1, 1918 Enforceable Priority Date:MAY 1, 1918 Type of Historical Right:FILED Purpose (Use):IRRIGATION Irrigation Type:FLOOD Maximum Flow Rate:1.63 CFS April 17, 2025 41H 117304-00 Page 2 of 3 General Abstract Maximum Volume:THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. Climatic Area:4 - MODERATELY LOW Maximum Acres:160.00 Source Name:UNNAMED TRIBUTARY OF EAST GALLATIN RIVER Source Type:SURFACE WATER Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Twp Rge County 1 SWSWSE 35 1S 5E GALLATIN Period of Diversion:APRIL 1 TO OCTOBER 1 Diversion Means:HEADGATE Period of Use:APRIL 1 to OCTOBER 1 Place of Use: ID Acres Govt Lot Qtr Sec Sec Twp Rge County 1 60.00 W2SE 35 1S 5E GALLATIN 2 70.00 W2NE 35 1S 5E GALLATIN 3 30.00 W2E2NE 35 1S 5E GALLATIN Total:160.00 Geocodes/Valid:06-0904-35-1-05-01-0000 - Y 06-0904-35-1-05-03-0000 - Y 06-0904-35-1-05-25-0000 - Y 06-0904-35-1-05-30-0000 - Y 06-0904-35-1-37-01-0000 - Y 06-0904-35-1-37-15-0000 - Y 06-0904-35-1-37-20-0000 - Y 06-0904-35-1-40-01-0000 - Y 06-0904-35-1-40-05-0000 - Y 06-0904-35-1-40-10-0000 - Y 06-0904-35-1-40-15-0000 - Y 06-0904-35-1-45-01-0000 - Y 06-0904-35-1-45-05-0000 - Y 06-0904-35-1-50-01-0000 - Y 06-0904-35-1-50-04-0000 - Y 06-0904-35-1-50-06-0000 - Y 06-0904-35-1-50-08-0000 - Y 06-0904-35-1-50-10-0000 - Y 06-0904-35-4-01-10-0000 - Y 06-0904-35-4-01-30-0000 - Y 06-0904-35-4-15-15-0000 - Y Remarks: THE WATER RIGHTS FOLLOWING THIS STATEMENT ARE SUPPLEMENTAL WHICH MEANS THE RIGHTS HAVE OVERLAPPING PLACES OF USE. THE RIGHTS CAN BE COMBINED TO IRRIGATE ONLY OVERLAPPING PARCELS. EACH RIGHT IS LIMITED TO THE FLOW RATE AND PLACE OF USE OF THAT INDIVIDUAL RIGHT. THE SUM TOTAL VOLUME OF THESE WATER RIGHTS SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 117304-00 117305-00 OWNERSHIP UPDATE RECEIVED OWNERSHIP UPDATE TYPE DOR # 154216 RECEIVED 05/17/2012. OWNERSHIP UPDATE TYPE DOR # 154201 RECEIVED 11/10/2014. OWNERSHIP UPDATE TYPE DOR # 161303 RECEIVED 12/01/2016. OWNERSHIP UPDATE TYPE DOR # 219165 RECEIVED 12/20/2019. OWNERSHIP UPDATE TYPE DOR # 214792 RECEIVED 04/03/2020. April 17, 2025 41H 117304-00 Page 3 of 3 General Abstract OWNERSHIP UPDATE TYPE DOR # 241334 RECEIVED 07/13/2022. OWNERSHIP UPDATE TYPE DOR # 244313 RECEIVED 10/03/2022. OWNERSHIP UPDATE TYPE 608 # 260173 RECEIVED 03/29/2024. 27 – Agricultural Water User Facilities Farmer’s Canal Correspondence 1 Joselyn Hartwig From:Erik Ringsak Sent:Friday, December 12, 2025 12:29 PM To:Dan Triemstra Cc:Joselyn Hartwig Subject:RE: Gallatin Center Subdivision - Culvert Replacement Thank you, Dan. Have a great weekend. Erik Ringsak, P.E. | Civil Department Manager 895 Technology Blvd, Ste 203 | Bozeman, MT 59718 O: 406.586.0262 | D: 406.898.3446 | C: 701.471.1099 www.wwcengineering.com From: Dan Triemstra <danbevt@gmail.com> Sent: Friday, December 12, 2025 12:11 PM To: Erik Ringsak <eringsak@wwcengineering.com> Cc: Joselyn Hartwig <jhartwig@wwcengineering.com> Subject: Re: Gallatin Center Subdivision - Culvert Replacement WARNING: This email originated from an external sender. Please use caution when clicking links or opening attachments. Eric, We do not anticipate that this culvert replacement will cause any adverse effect for the Catron ditch. Thank you, Dan Triemstra, Secretary Farmers Canal Company On Wed, Dec 10, 2025 at 3:28 PM Erik Ringsak <eringsak@wwcengineering.com> wrote: Dan, Great to speak with you again. As part of this project, we are now proposing to replace the existing 24” x 36” RCP culvert with a larger pipe to provide adequate conveyance during major flood events and to comply with City of Bozeman standards. The culvert is located just west of the existing Rawhide Ridge Road at the proposed West Catron Creek crossing. An exhibit is attached highlighting the culvert location proposed for replacement. 2 Per City of Bozeman regulations, we are requesting your approval to proceed with this culvert replacement as part of the Rawhide Ridge Road extension construction, since West Catron Creek is believed to function as a Farmer’s Canal irrigation lateral. Please let me know if you have any questions or would like to discuss further. Thank you, Erik Ringsak, P.E. | Civil Department Manager 895 Technology Blvd, Ste 203 | Bozeman, MT 59718 O: 406.586.0262 | D: 406.898.3446 | C: 701.471.1099 www.wwcengineering.com 1 Joselyn Hartwig From: Dan Triemstra <danbevt@gmail.com> Sent: Wednesday, August 6, 2025 7:53 PM To: Joselyn Hartwig <jhartwig@wwcengineering.com> Subject: Re: Gallatin Center Subdivision - Notification Letter WARNING: This email originated from an external sender. Please use caution when clicking links or opening attachments. To whom it may concern, Farmers Canal Company does not anticipate any adverse effects on ditch infrastructure or operation from this proposed development. Ms. Hartwig has stated that the Catron ditch will not be disturbed where it passes through the property. Respectfully, Dan Triemstra, Secretary Farmers Canal Company On Wed, Jul 30, 2025, 12:43 PM Joselyn Hartwig <jhartwig@wwcengineering.com> wrote: Hi Dan, We spoke about this on the phone a couple of months ago. The City has left another comment requesting written correspondence from Farmer’s Canal. See below: I have attached the subdivision layout with the proposed roadways shown for your reference. If you have a minute, I would really appreciate if you could provide a written response to this. Thank you, 2 Joselyn Hartwig | Associate Engineer 895 Technology Blvd, Ste 203 | Bozeman, MT 59718 O: 406.586.0262 | D: 406.898.3448 www.wwcengineering.com From: Joselyn Hartwig Sent: Monday, May 5, 2025 7:34 AM To: 'danbevt@gmail.com' <danbevt@gmail.com> Subject: RE: Gallatin Center Subdivision - Notification Letter Hi Dan, Just following up on this. I know we spoke on the phone last week, but if you have a moment to respond to this email with the information you stated, and any other information discovered since then, it would be greatly appreciated. I appreciate your time and input on this! Thanks, JOSELYN HARTWIG | Associate Engineer 895 Technology Blvd, Ste 203 | Bozeman, MT 59718 O: 406.586.0262 | D: 406.898.3448 www.wwcengineering.com From: Joselyn Hartwig Sent: Tuesday, April 15, 2025 3:34 PM To: danbevt@gmail.com Subject: Gallatin Center Subdivision - Notification Letter Dan, 3 As part of the Bozeman Municipal Code noticing requirements, we are providing this notification letter on behalf of our client, Gallatin Center Limited Partnership, LLC. The proposed Gallatin Center Subdivision aims to create 6-lots from the existing property. The subdivision is located just west of North 19th Avenue, south of Cattail Street, east of Thomas Drive, and north of Baxter Lane. The property owner believes that the ditch lateral on the property is maintained by Farmer’s Canal. We are not proposing to disturb the lateral with the subdivision or improvements. Let me know if you have any questions or concerns. Thank you, JOSELYN HARTWIG | Associate Engineer 895 Technology Blvd, Ste 203 | Bozeman, MT 59718 O: 406.586.0262 | D: 406.898.3448 www.wwcengineering.com 27 – Agricultural Water User Facilities Water Rights Owner Correspondence 895 Technology Blvd, Suite 203  Bozeman, MT 59718  (406) 586-0262 895 Technology Boulevard, Suite 203, Bozeman, MT 59718 | 406.586.0262 April 17th, 2025 RE: Gallatin Center Major Subdivision – Water Rights Owner Notification Dear Recipient, On behalf of our client, and as part of the subdivision review process, we are providing this written notification to inform you of the presence of a watercourse tied to your water right near or within the proposed Gallatin Center Subdivision boundaries, and to request any comments you may have regarding the proposed development. The project site is situated south of Cattail Street, west of North 19th Avenue, north of Baxter Lane, and east of Thomas Drive. The current legal description of the property is Minor Subdivision 210, S35, T01 S, R05 E, Lot 3. The geocode listed on the Montana Cadastral website is 06-0904-35-1-05-01-0000. Two water courses run south to north through the property. A search on the DNRC Water Rights Query System was used to identify any known water rights owners. As part of the proposed subdivision, Rawhide Ridge Road will be extended west from Max Avenue to Thomas Drive (future North 27th Avenue). This extension will cross the watercourse on the west portion of the property at an existing, permitted crossing. Additionally, a public trail is proposed that will also cross the watercourse at an existing, permitted location. No impacts to the watercourses are proposed as part of this development phase. There will be no modifications or alterations to the permitted crossings or watercourses with these initial improvements. A layout of the proposed subdivision and associated improvements is attached for your reference. Please note that the only roadway extension included in this phase is the extension of Rawhide Ridge Road. All other roadway extensions are planned for future development phases and will be subject to separate review and comment solicitation. Please respond at your earliest convenience with any comments or questions to the email provided below, or feel free to contact me directly at 406-586-0262. Please note that you will have 45 days to respond to this notification per BMC Section 38.360.280.B. Thank you for your time and consideration. Sincerely, ________________________ Joselyn Hartwig, EI jhartwig@wwcengineering.com WWWWWWWWWWOH P OH P OH P NGNGNGNGNGNGNGFOUGPUGPUGPUGPUGPUGPFOFOFOXX X X XUGPXXXXNG NG NG NG NG NG NG NGFOFOFOFOFOFOFOFOOHPOHPOHPOHPOHPOHPOHPOHPOHPSSSSSSSSSSSSSSSSSSSSSSSSWWWWWWWSSWWUGTVUGTVUGTVUGTVW W W W W WSSSSSSSS SS PROPOSED 60' PUBLIC R.O.W. LOT A 16.53± ACRES 720,146± SF LOT B 9.89± ACRES 430,981± SF (FUTURE PHASES) LOT C 16.43± ACRES 715,692 SF (FUTURE PHASES) USPS LOT LOT D 5.08± ACRES 221,232± SF (FUTURE PHASES)LOT E 5.53± ACRES 240,745± SF (FUTURE PHASES) LOT F 4.94± ACRES 214,954± SF (FUTURE PHASES) CATTAIL STREET (EXISTING) KIMBERWICKE STREET (EXISTING) RAWHIDE RIDGE ROAD (EXISTING)MAX AVENUE (EXISTING)NORTH 27TH AVENUE (COB 2025 CAPITOL IMPROVEMENT)NORTH 19TH AVENUE (EXISTING)BAXTER LANE (EXISTING) SARTAIN STREET (FUTURE PHASES)MAX AVENUE (FUTURE PHASES)NORTH 25TH AVENUE (FUTURE PHASES)RAWHIDE RIDGE ROAD (PHASE 1) PROPOSED 60' PUBLIC R.O.W. PROPOSED 60' PUBLIC R.O.W. PROPOSED 60' PUBLIC R.O.W. PROPOSED 10' PUBLIC TRAIL EASEMENT EDGE OF DELINEATED WETLAND (TYP.) 5' WIDE TRAIL (PHASE 1) CATTAIL STREET (EXISTING) KIMBERWICKE STREET (EXISTING) RAWHIDE RIDGE ROAD (EXISTING)MAX AVENUE (EXISTING)NORTH 27TH AVENUE (COB 2025 CAPITOL IMPROVEMENT)NORTH 19TH AVENUE (EXISTING)BAXTER LANE (EXISTING) SARTAIN STREET (FUTURE PHASES)MAX AVENUE (FUTURE PHASES)NORTH 25TH AVENUE (FUTURE PHASES)RAWHIDE RIDGE ROAD (PHASE 1)THOMAS DRIVE (EXISTING)EXISTING PERMITTED CROSSING EXISTING PERMITTED CROSSING LEGEND: PHASE 1 = FUTURE PHASES = PHASE LINE = K:\Bozeman\Gallatin Center LP\2024381 Gallatin Center\05CAD\Sheets\Preliminary Plat\24381-ROAD-PHASING-EXHB.dwg PHASING PLAN 4/16/2025 3:48:45 PM DESIGNED BY:DRAWN BY:CHECKED BY:DATE:JRHJRHEWRAPRIL 2025SHEET---NO.DATEREVISIONPREPARED BY BY PHASING PLAN GALLATIN CENTER LIMITED PARTNERSHIP BOZEMAN, MT GALLATIN CENTER SUBDIVISION ENGI NEERING PROJECT NO. 2024381 895 TECHNOLOGY BLVD., SUITE 203 BOZEMAN, MT 59718 (406) 586-0262 www.wwcengineering.com 0 SCALE: 1" = 100' 100'50'