HomeMy WebLinkAbout012 - Ditch Noticing ChecklistDITCH
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.)
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 YES.)
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.)
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.
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.
3.The MT DNRC water rights query system was used to identify owners of water rights.
4.Water rights were identified with a place of use or point of diversion on the subject property.
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.
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.
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.
2.A copy of the proposed development layout was included with the notice package.
3.A description of any anticipated impacts to the ditch and any mitigation proposed to remedy such
impacts was provided with the notice package.
III.DITCH NOTICE PROCESS
I.PURPOSE
II. APPLICABILITY
4. The notice package states that the noticed party has 45 calendar days to provide written comments
back to the notifying party.
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.
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.
2. The application submittal materials include a complete copy of the notice package sent to the
noticed parties.
3. The application submittal materials show that at least 45 calendar days have elapsed for all noticed
parties to provide response.
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.
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
1
Adam Schlegel
From:Jessica Mooring <Jessica.Mooring@bozemanmt.gov>
Sent:Friday, February 20, 2026 12:25 PM
To:Adam Schlegel
Subject:RE: [EXTERNAL]URSUS MAJOR - DITCH application
Hey!
I checked in with the water resources side of engineering, and the ditch noticing was completed during
the subdivision and does not need to be fully completed in this application. You do still need to check
box 2A (Yes) and submit the notice form as part of the Site Plan submittal for this project.
Best,
Jessica Mooring (she/her)
Development Review Coordinator | Community Development
City of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771
C: 406.595.7724 | E: jmooring@bozeman.net |W: www.bozeman.net/planning
From: Adam Schlegel <AdamSchlegel@cushingterrell.com>
Sent: Friday, February 20, 2026 11:53 AM
To: Jessica Mooring <Jessica.Mooring@bozemanmt.gov>
Subject: [EXTERNAL]URSUS MAJOR - DITCH application
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hi Jessica,
I also wanted to ask about the DITCH application and noticing requirements. The checklist asks if a
DITCH notice has been previously completed or not and I’m not certain if it has already for when Nelson
Meadows was first constructed. I just want to make sure the time and e0ort that will go into this process
is necessary since Cattail Creek flow adjacent to this property.
2
Thanks!
Adam Schlegel PE
Project Manager | Civil Engineer | Associate
406.922.7111 | cushingterrell.com
Cushing Terrell is an affiliate of CTA