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HomeMy WebLinkAbout025 - Appendix Y.1 - Irrigation Memo-pkg 1105 REEVES RD. WEST, SUITE 6 BOZEMAN, MT 59718 406-581-5730 www.headwatersmt.net Page 1 of 4 Water right background provided by C. Peebles of: Diamond 8 Development Water Supply Background & Irrigation Strategy 5/12/2026 Irrigation Demand The site anticipates a total irrigation water demand of 26.4 acre-feet per year. The max flow will be 0.61 cfs (roughly 275 gpm). Water Supply The project site has two privately owned surface water rights: 41H 30159830 from Baxter Creek and 41H 30159834 from the Gallatin River. Additionally, the property conveys with one share in the Farmers Canal Company. The water rights and water stock are summarized as follows. Water Right 41H 30159830 – Baxter Creek Priority Date = April 25, 1877 Use = Irrigation Flowrate = 1.61 cfs (current shared), 0.54 cfs (post-split) Area = 240 acres Period of Diversion – May 1st to October 4th We are currently proposing a split for this water right which leaves 33% of the historical volume to the subject 80-acre property along with a 0.54 cfs or (roughly 240.9 gpm). Water right 41H 30159830 was split from—and is a child of—right 41H 126871. As such, the property’s right shares the most senior priority date on Baxter Creek. The composite diversion flow rate for the parent right and all related child water rights is 3.75 cfs. Following the proposed split, the child of current right 41H 30159830 will be entitled to divert its full 0.54 cfs, provided there is sufficient flow in the channel to service the parent right and all related child/cousin water rights. These rights share equal priority. In the event that available flow is insufficient to service all such users, the water will be apportioned on a pro-rata basis according to each user's percentage of the original parent right (and based on total demand under the shared priority date). Baxter Creek is intercepted by the Main Canal of the Farmers Canal Company (FCC) upstream (south) of the subject property. Pursuant to MCA 85-7-1912, the Baxter Creek water right is operated under an exchange arrangement with the FCC and released from the Main Canal via a headgate discharging to the Baxter Creek carrier. Right 41H 30159830 may be called upon for exchange / release at any time when Baxter Creek flows are present, as determined by observation point(s) upstream of the FCC Main Canal. The ‘Exchange Headgate’ (a.k.a FCC Headgate) on the Main Canal is listed as a Primary Point of Diversion element (POD ID 2) on the abstract for Water Right 41H 30159830. The headgate is located in the SENE, Section 16, T2S, R5E. Because the beneficial use proposed is within the historical place of use (POU), a Page 2 of 4 formal Change Application is not required to establish a Secondary Point of Diversion (or a new secondary conveyance network) downstream of that point. The proposed development and infrastructure will continue to be serviced by the authorized Primary POD ID 2. Rule 1(53) of the Montana Supreme Court Water Rights Claim Examination Rules (WRCER), Amended 2006 and 2008 states: “Point of Diversion (POD) means the location or locations where water is diverted from the source…” Water from the Baxter Creek right is diverted from the source via interception by the FCC’s Canal, and is exchanged at the Main Canal headgate via an equivalent release of FCC canal flows to the Baxter Creek Natural Carrier. The natural carrier acts as part of the secondary conveyance network for the FCC flows exchanged for the Baxter Creek Right flows. Furthermore, according to MCA 85-2-102(7)(a), a "Change in appropriation right means a change in the place of diversion, the place of use, the purpose of use, or the place of storage.” The addition of a secondary POD located down conveyance of a historical POD (as listed on the abstract for Right 41H 30159830) does not constitute a change in the place of diversion from the original source. Therefore, no change application is required to add a secondary POD for the historical POU. The Diamond 8 Development will be accountable for any seepage, vegetative, or evaporative losses along approximately 2.2 miles of Baxter Creek as a natural carrier within the secondary delivery network off the Farmers Canal. Because Baxter Creek typically collects natural flows, which effectively saturate the soils in the hyporheic zone during significant portions of the year, private conveyance losses of the Baxter right experienced downstream of FCC flow exchange release are anticipated to be minimal for this property (less than 33%). At full diversion, WGM estimates that at least 0.36 cfs of the 0.54 cfs exchanged into the natural carrier under this Baxter Creek Right will be available for use at the Diamond 8 site. Water Right 41H 30159834 – Gallatin River Priority Date = June 15, 1870 Use = Irrigation Flowrate = 224.58 gpm or 0.50 cfs Volume = 182.58 ac-ft Area = 80 acres Period of Diversion – May 1st to October 31st This water right is a relatively senior right for the Gallatin River. The water right is conveyed using the Farmers Canal. The Farmers Canal Company (FCC) commonly conveys private water rights, but only after the share water delivery is curtailed due to the FCC’s rights falling out of priority. There is an existing conveyance agreement in place for the parent right (41H 138937) to this water right. We are currently preparing a standalone conveyance agreement specific to this child right (41H 30159834). Under the pending agreement, the property’s FCC share water must be used, and the FCC’s rights must be out of priority, before the FCC will deliver water for the private Gallatin River Right described herein. This private Gallatin River Right is released to the Diamond 8 Development using the same FCC Headgate, which is previously described for the Right 41H 30159830. The FCC Headgate located in the Page 3 of 4 SENE, Section 16, T2S, R5E also serves as a secondary POD for Right 41H 30159834 and releases water into the Baxter Creek Channel as a natural carrier (and secondary conveyance network). Similarly, a change application is not required to add a tertiary POD servicing the historical POU for this Gallatin River Right. The composite group of private rights conveyed via the Farmer’s Canal will share in main canal conveyance losses following primary diversion. Applying a conservative delivery efficiency rating of 50% (from diversion to the site), including minimal conveyance losses within the natural carrier, WGM estimates that at least 0.25 cfs of the 0.50 cfs diverted will be available for use at the Diamond 8 site. Multiple Water Rights – Farmers Canal Company Share(s) This property has one (1.0) appurtenant Farmers Canal stock share. A share card is being certified and will be forthcoming from the Farmers Canal Company (FCC). Each Farmer’s Canal Share entitles Shareholders to call for up to 100 miners inches (or 2.5 cfs) of flow to be released from the main canal. As a Shareholder on a private, secondary conveyance system downstream of the FCC’s Main Canal, the Diamond 8 Development will be accountable for any seepage, vegetative, or evaporative losses within Baxter Creek as a natural carrier within the secondary delivery network off the Farmers Canal. Because Baxter Creek typically collects natural flows, which effectively saturate the soils in the hyporheic zone during significant portions of the year, private conveyance losses experienced downstream of FCC flow releases are anticipated to be minimal for this property (less than 33%). At full diversion, WGM estimates that at least 1.67 cfs of the 2.5 cfs of FCC Share Water released into the natural carrier will be available for use at the Diamond 8 Site. Summary and Supplemental Water With these three surface water methods, we are proposing to put in an irrigation-only system which pumps from the Niebel-Baxter Ditch to the baseball fields and surrounding green areas. The pump(s) will be installed with digital controls and variable frequency drives (VFDs). The proposed system will be electronically controlled to match flow rates with water availability. Based on water right priority dates and the projected irrigation demand for the turf and landscaped areas, the water rights and ditch share(s) are believed sufficient to provide irrigation water to the site from May 1st to October 31st. Available water at the site via the FCC Share is expected to exceed demand (when in priority). Following FCC Share Water usage, the two senior private water rights are anticipated to present a combined flow availability for the Diamond 8 Site of 0.61 cfs (0.36 + 0.25 cfs) , which meets the design peak pumped demand for the irrigation system. We have a memorandum of understanding in place with Northwest Crossing to provide Diamond 8 with an irrigation easement to install this pump (a new secondary point of diversion) and ditch connection. This draft easement is attached as Exhibit A. An exempt well is proposed for temporary irrigation during the construction process at a rate of 35 gpm or less and a volume of 10 ac-ft or less. This well may also be used for some final irrigation by Page 4 of 4 supplementing water if the surface water is turned off or related base flows fall below demand requirements (or out of priority). A correct and complete Notice of Intent to Appropriate Groundwater is included from DNRC which further describes the use of this well. The NOI is for irrigation of 7.0 acres of baseball fields, up to 1.4 acre-feet per year. This usage will be verified using a flow meter installed in-line with the pressure main and near the well. As discussed, the irrigation pumping system will be installed with digital controls and variable frequency drives (VFDs). The proposed system will be utilized to monitor and electronically limit the peak flow rate to under 35 gpm when the well is in use. Brian Heaston also stated that the City would support the installation of a water service from the proposed water main in Laurel Parkway to act as a secondary backup for the irrigation system. We both agreed that the sod on the fields is a high priority and that having several backup options is paramount. The needed flow will require a 3” water main to be extended to the site where it will enter a valve vault with a meter and backflow preventor before connecting to the irrigation system via a manual valve which would be operated by City staff in an emergency. The City water is not expected to be needed on a regular basis and therefore cash in lieu of water rights are not proposed. H:\2128\002\DOCS\SITEPLAN\MASTER SITE PLAN\Irrigation Memo.docx April 4, 2025 41H 30159830 Page 1 of 2 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 30159830 STATEMENT OF CLAIM Version:1 -- ORIGINAL RIGHT Version Status:ACTIVE Owners:SD BAXTER MT LLC 2639 PROFESSIONAL CIR STE 101 NAPLES, FL 34119-8089 TRUE NORTH PARTNERS LLC 60 AAJKER CREEK RD BOZEMAN, MT 59718-8225 Priority Date:APRIL 25, 1877 Enforceable Priority Date:APRIL 25, 1877 Type of Historical Right:USE Purpose (Use):IRRIGATION Irrigation Type:FLOOD Maximum Flow Rate:1.61 CFS Maximum Volume:THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. Maximum Acres:240.00 Source Name:BAXTER CREEK Source Type:SURFACE WATER Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Twp Rge County 1 NESWSE 4 2S 5E GALLATIN Period of Diversion:MAY 1 TO OCTOBER 4 Diversion Means:HEADGATE 2 SENE 16 2S 5E GALLATIN Period of Diversion:MAY 1 TO OCTOBER 4 Diversion Means:HEADGATE Period of Use:MAY 1 to OCTOBER 4 Place of Use: ID Acres Govt Lot Qtr Sec Sec Twp Rge County 1 80.00 E2NW 4 2S 5E GALLATIN 2 160.00 SE 33 1S 5E GALLATIN Total:240.00 Geocodes/Valid:06-0798-04-2-01-01-0000 - Y 06-0904-33-1-01-01-0000 - Y April 4, 2025 41H 30159830 Page 2 of 2 General Abstract 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. 126871-00 138937-00 30155068 30159830 30159834 THIS SPLIT CLAIM WAS GENERATED BY THE DEPARTMENT BASED ON INFORMATION IN CLAIM 41H 126871-00. OWNERSHIP UPDATE RECEIVED OWNERSHIP UPDATE TYPE 641 # 247077 RECEIVED 05/25/2022. April 4, 2025 41H 30159834 Page 1 of 2 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 30159834 STATEMENT OF CLAIM Version:1 -- ORIGINAL RIGHT Version Status:ACTIVE Owners:TRUE NORTH PARTNERS LLC 60 AAJKER CREEK RD BOZEMAN, MT 59718-8225 Priority Date:JUNE 15, 1870 Enforceable Priority Date:JUNE 15, 1870 Type of Historical Right:DECREED Purpose (Use):IRRIGATION Irrigation Type:FLOOD Maximum Flow Rate:224.58 GPM Maximum Volume:182.58 AC-FT Climatic Area:4 - MODERATELY LOW Maximum Acres:80.00 Source Name:WEST GALLATIN RIVER Source Type:SURFACE WATER Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Twp Rge County 1 SWNWNW 11 3S 4E GALLATIN Period of Diversion:MAY 1 TO OCTOBER 31 Diversion Means:HEADGATE Ditch Name:FARMERS CANAL Period of Use:MAY 1 to OCTOBER 31 Place of Use: ID Acres Govt Lot Qtr Sec Sec Twp Rge County 1 80.00 E2NW 4 2S 5E GALLATIN Total:80.00 Geocodes/Valid:06-0798-04-2-01-01-0000 - 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. 126871-00 138937-00 30155068 30159830 30159834 April 4, 2025 41H 30159834 Page 2 of 2 General Abstract THIS WATER RIGHT IS SUBJECT TO A PRIVATE AGREEMENT LOCATED IN THE CASE AND CLAIM FILES. THIS SPLIT CLAIM WAS GENERATED BY THE DEPARTMENT BASED ON INFORMATION IN CLAIM 41H 138937-00. OWNERSHIP UPDATE RECEIVED OWNERSHIP UPDATE TYPE 641 # 247079 RECEIVED 05/25/2022. March 5, 2026 41H 30173948 Page 1 of 2 INTENT TO APPROPRIATE ABSTRACT STATE OF MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION 1424 9TH AVENUE P.O. BOX 201601 HELENA, MONTANA 59620-1601 INTENT TO APPROPRIATE ABSTRACT AN INTENT TO APPROPRIATE GROUNDWATER IS NOT A WATER RIGHT. MCA 85-2-102(32)(b) Water Right Number:41H 30173948 GROUND WATER CERTIFICATE Version:1 -- INTENT TO APPROPRIATE Version Status:NOI AUTHORIZED Owners:TRUE NORTH PARTNERS LLC 60 AAJKER CREEK RD BOZEMAN, MT 59718-8225 Priority Date:PRIORITY DATE WILL BE ASSIGNED UPON SUBMISSION OF NOTICE OF COMPLETION OF GROUNDWATER DEVELOPMENT. Enforceable Priority Date:N/A Purpose (Use):LAWN AND GARDEN Maximum Flow Rate:FLOW RATE WILL BE ASSIGNED UPON SUBMISSION OF NOTICE OF COMPLETION OF GROUNDWATER DEVELOPMENT. Maximum Volume:9.80 AC-FT Maximum Acres:7.00 Source Name:GROUNDWATER Source Type:GROUNDWATER Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Twp Rge County 1 3 NENW 4 2S 5E GALLATIN Period of Diversion:APRIL 1 TO OCTOBER 31 Diversion Means:WELL Source Aquifer:MULTIPLE SOURCE AQUIFERS MAY EXIST BENEATH THE AUTHORIZED POINT OF DIVERSION. THE GROUNDWATER DEVELOPMENT MAY BE COMPLETED IN ONE OF THE FOLLOWING SOURCE AQUIFERS: BASIN FILL AND ALLUVIAL SEDIMENTS FRACTURED ROCK Survey Tract:COS 2552B, TRACT 4 Purpose (Use):LAWN AND GARDEN Volume:9.80 AC-FT Period of Use:APRIL 1 to OCTOBER 31 Place of Use: ID Acres Govt Lot Qtr Sec Sec Twp Rge County 1 7.00 E2NW 4 2S 5E GALLATIN Total:7.00 Geocodes/Valid:06-0798-04-2-01-01-0000 - Y March 5, 2026 41H 30173948 Page 2 of 2 INTENT TO APPROPRIATE ABSTRACT Remarks: IMPORTANT INFORMATION GROUND WATER WILL BE USED TO SUPPLEMENT SURFACE WATER APPLIED TO BASEBALL FIELDS. DNRC AUTHORIZES SOURCE AQUIFER(S) BASED ON THE LOCATION OF THE AUTHORIZED POINT OF DIVERSION. MORE INFORMATION ABOUT SOURCE AQUIFER DETERMINATION IS AVAILABLE AT THE DNRC WEBSITE. BACKFLOW PREVENTOR PURSUANT TO SECTION 85-2-505, MCA, TO PREVENT GROUND WATER CONTAMINATION, AN OPERATIONAL BACKFLOW PREVENTOR MUST BE INSTALLED AND MAINTAINED BY THE APPROPRIATOR IF A CHEMICAL OR FERTILIZER DISTRIBUTION SYSTEM IS CONNECTED TO THE DIVERSION MEANS. COMPLETION DEADLINE THE DEADLINE TO COMPLETE THIS AUTHORIZATION AND FILE A NOTICE OF COMPLETION OF GROUNDWATER DEVELOPMENT (FORM 602) IS FEBRUARY 27, 2031. YOU MAY FILE ONE FORM 602E REQUEST FOR EXTENSION FOR AUTHORIZED NOTICE OF INTENT TO APPROPRIATE GROUNDWATER, BY FEBRUARY 27, 2031. IF NEITHER ARE RECEIVED BY FEBRUARY 27, 2031, THIS AUTHORIZATION WILL EXPIRE.