HomeMy WebLinkAboutResolution No. 4095, Water Rights and Cash In Lieu163
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COMMISSION RESOLUTION NO. 4095
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ESTABLISHING A VALUATION FOR CASH-IN-LIEU OF WATER
RIGHTS.
WHEREAS, the City of Bozeman wishes to establish comprehensive goals and policies to provide for
orderly, well-planned growth; and
WHEREAS, the City has established an annexation policy and development regulations pursuant to
state law; and
WHEREAS, the City established an annexation policy and development regulations to protect the
public health, safety, and welfare; and
WHEREAS, adoption of such goals and policies provide our community with clear guidelines for
development proposals; and
WHEREAS, the City’s policies and regulations require mitigation of negative impacts of
development; and
WHEREAS, water is a scare resource and lack of water can threaten the public health, safety and
welfare; and
WHEREAS, the ability to consume and divert water is subject to strict requirements under state law
and requires a specifically granted right to do so; and
WHEREAS, new development consumes water; and
WHEREAS, lack of water can create a significant constraint on development; and
WHEREAS, the City employs a system to ensure that adequate water and water rights can be
obtained to provide necessary support for development.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, to wit:
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A. It is the policy of the City of Bozeman to acquire usable water rights. Usefulness is
determined by the City. Acquisition may be through annexation or land developments
approved through subdivision, or zoning authority. The water rights shall be equal to the
average annual diversion requirement necessary to provide the anticipated average annual
consumption of water by residents and/or users of the property when fully developed on the
basis of the zoning designation(s). The City Engineer shall establish procedures for calculation
of required amounts of water. Should the property owner be unable to provide usable water
rights, the City of Bozeman may accept an appropriate fee in lieu thereof . The fee will be
used to acquire water rights or for improvements to the water system which will create
additional water supply capacity. The fee shall be established by the City Commission, shall
be stated in this resolution, shall be reviewed at least bi-annually, and when necessary shall be
updated by the City Commission.
B. The fee is $6,000.00 per acre-foot of water.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular
session thereof held on the ___th day of __________ 2008.
__________________________________________
KAAREN JACOBSON, Mayor
ATTEST:
_________________________________
STACY ULMEN
City Clerk
APPROVED AS TO FORM:
___________________________________
PAUL J. LUWE
City Attorney
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