HomeMy WebLinkAbout13 1825 W Kagy_Water Adequacy Compliance Memo
BOZEMAN, GREAT FALLS, KALISPELL & SHELBY, MT | SPOKANE, WA | LEWISTON, ID | WATFORD CITY, ND | MEDIA, PA
406.586.0277
tdhengineering.com
234 East Babcock Street
Suite 3
Bozeman, MT 59715
MEMORANDUM
Date: May 4, 2026 TDH Job No.: B26-010
To: City of Bozeman Engineering Department
From: Cody Croskey, PE
Subject: 1825 W. Kagy Affordable Housing
Water Adequacy Compliance
This project intends to use cash in lieu of water rights (CILWR) to satisfy the City’s water
adequacy requirements for new development. An irrigation well exists at the site, however
it will be abandoned and all new domestic potable water and irrigation supply will be from
the City’s public water system.
In response to the water rights and water adequacy items identified in Review Comment #7
of this project’s CONR application:
a) A description of water rights associated with the property or otherwise available to
the applicant, and a description of whether each respective water right is
appurtenant to the property or has been severed from the land title.
Response: 41H 30047570 - Ground Water Certificate for 30.00 GPM, 5.00 AC-FT
from a 60-foot deep irrigation well. Appurtenant to the property (Abstract Attached).
This well and water right will be abandoned with the project.
b) A description of the proposed lots for which a payment of cash in lieu of water rights
will be provided and the proposed lots for which deferred compliance of BMC
38.410.130 will be sought.
Response: Payment of cash in lieu of water rights will be provided for the entire
development (Lot 7 & Tract B of the Remington Addition). No deferred compliance
will be sought. (See attached CILWR correspondence with Griffin Nielson).
c) A description of the proposed lots for which non-potable irrigation systems will be
provided; the anticipated irrigation water demand of each lot; and the water source
proposed to supply the non-potable irrigation systems.
Response: Non-potable irrigation systems are not proposed for this project. The
existing irrigation well on the property will be abandoned.
tdhengineering.com
PAGE NO. 2 MAY 4, 2026
Please let me know if you have any questions or require any additional information.
Sincerely,
Cody Croskey PE
Civil Engineer
TD&H ENGINEERING
I:\2026\BOZ\B26-010 Kagy LIHTC \05_DESIGN\CIVIL\Water Adequacy\1825 W KAGY WATER ADEQUACY COMPLIANCE MEMO.DOC
February 6, 2026
41H 30047570
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 30047570 GROUND WATER CERTIFICATE
Version:1 -- ORIGINAL RIGHT
Version Status:ACTIVE
Owners:1825 W KAGY LLC
2 COOPER ST 14TH FL
CAMDEN, NJ 08102
Priority Date:OCTOBER 9, 2009 at 01:00 P.M.
Enforceable Priority Date:OCTOBER 9, 2009 at 01:00 P.M.
Purpose (Use):LAWN AND GARDEN
Maximum Flow Rate:30.00 GPM
Maximum Volume:5.00 AC-FT
Maximum Acres:2.00
Source Name:GROUNDWATER
Source Type:GROUNDWATER
Point of Diversion and Means of Diversion:
ID Govt Lot Qtr Sec Sec Twp Rge County
1 SWNESW 13 2S 5E GALLATIN
Period of Diversion:APRIL 1 TO OCTOBER 31
Diversion Means:WELL
Subdivision:REMINGTON ADD TRACT/LOT: 7
Well Depth:60.00 FEET
Static Water Level:13.00 FEET
Casing Diameter:6.00 INCHES
Well Location:1825 WEST KAGY BLVD
Purpose (Use):LAWN AND GARDEN
Volume:5.00 AC-FT
Period of Use:APRIL 1 to OCTOBER 31
Place of Use:
ID Acres Govt Lot Qtr Sec Sec Twp Rge County
1 2.00 SWNESW 13 2S 5E GALLATIN
Subdivision:REMINGTON ADD TRACT/LOT 7
Total:2.00
Geocodes/Valid:06-0798-13-3-28-04-0000 - Y
Remarks:
OWNERSHIP UPDATE RECEIVED
February 6, 2026
41H 30047570
Page 2 of 2
General Abstract
OWNERSHIP UPDATE TYPE 608 # 246168 RECEIVED 01/26/2023.
1
Cody Croskey
From:Griffin Nielsen <GNielsen@BOZEMAN.NET>
Sent:Thursday, February 12, 2026 1:41 PM
To:Cody Croskey
Cc:Griffin Jameson
Subject:RE: [EXTERNAL]1825 Kagy Affordable Housing CILWR
Attachments:CIL WR Efficiency Rebate Agreement Template_DeveloperInputs.docx; ATT00001.txt;
ATT00002.htm
Hi Cody,
Sure. We are still using the demand rate of 0.124 acre-feet (AF) for multi-family residential units and the CILWR fee
rate of $6,000/AF, so the CILWR fee for the 160-unit is $119,040. We’ll need to factor in the irrigation demand and
any demand from those site amenities, but we can cover those during the site plan unless you want to put a fine
point on the fee now. If so, please provide the irrigation demand and details (square footage and use) of the site
amenities.
Also, you might be familiar with it, but attached is our high-e0iciency rebate agreement template. If high-e0iciency
fixtures meeting the certs in the agreement are installed, we can rebate approximately 20% ($23,800) of the
residential portion of the CILWR fee. Let me know if your team has any questions on it. We would want to work
through the agreement during site plan review and have it signed before site plan approval.
Thanks,
City of Bozeman MT
Griffin Nielsen, PE| Engineering/Utilities Department
D:406.582.2279
C:406.595.1598
gnielsen@bozeman.net
From: Cody Croskey <Cody.Croskey@tdhengineering.com>
Sent: Thursday, February 12, 2026 12:20 PM
To: Griffin Nielsen <GNielsen@BOZEMAN.NET>
Cc: Griffin Jameson <griffinj@kaaswilson.com>
Subject: [EXTERNAL]1825 Kagy Affordable Housing CILWR
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 Griffin,
We are working on a 160-unit affordable hosing project at 1825 W Kagy. This site had previous applica@ons for a large
student housing building, however we are going back through the concept and site plan review processes with a new
proposed use and design.
2
Would you be able to provide a CILWR es@mate to address the water adequacy requirements for our upcoming concept
review submiBal? The project is currently proposing a 160-unit apartment building with private amenity spaces (no
commercial). The site landscaping will also be irrigated using public water supply as the exis@ng well at the site will be
abandoned.
Please let me know if you need any addi@onal informa@on.
Thanks!
Cody Croskey, P.E. | Civil Engineer & Principal
TD&H Engineering
234 E. Babcock, Suite 3 | Bozeman, MT 59715
t: 406.586.0277 | d: 406.602.4091 | c: 406.580.0685
www.tdhengineering.com