HomeMy WebLinkAbout6-7-12 Adendum Bridger Crk Diversion Dam_Commision Memo Update 06072012_Final.pdf
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CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
MEMORANDUM
TO: BOZEMAN CITY COMMISISON
FROM: DAVE SKELTON, SENIOR PLANNER
GREG SULLIVAN, CITY ATTORNEY
RE: DITTON ZONE MAP AMENDMENT (#Z-2056) AND ANNEXTION (#A-2003)
DATE: JUNE 7, 2012
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With regard to the public testimony received from residents at the Zoning Commission public hearing
on May 15, 2012 regarding the concern with lack of upkeep, maintenance and repair of the Bridger
Creek diversion dam and the impact it has during peak runoff, the Planning Department offers the
following comments for consideration.
The Planning Department has contacted Mr. Dan Ritter, Dour Ritter, Sr. Water Master for the District
Water Court, who referred staff to Kerri Strasheim, Department of Natural Resources and Conservation
(DNRC) Deputy Regional Manager for Bozeman, who has determined that there are potentially six
separate water rights associated with the Bridger Creek diversion dam.
Two of the abstracts indicate that Clara O. Ditton and Barnard Land and Livestock- 41H 8495-00 and
41H 8496-00 are claiming water rights from the Mill Ditch diversion head gate for the Bridger Creek
diversion dam. As the applicant, Clara O. Ditton Living Trust does not intend to develop the subject
property at this time and finding that it is in excess of ten acres, Section 38.23.180, BMC states that it
shall be the policy of the City of Bozeman to acquire usable water rights, or an appropriate fee in lieu
thereof that shall be carried out prior to final plat approval, final site plan approval or the issuance of any
building permits, whichever occurs first.
Based on these findings, the Planning Department recommends the City Commission consider the
following term with approval of the applicant’s request for annexation:
“The Annexation Agreement shall include a provision requiring the Mill Ditch diversion head
gate and associated facilities for the Bridger Creek diversion dam be repaired subject to the
approval of the City and a Gallatin Valley Water and Soil Conservation District 310 Permit prior
to any development of the subject property and the required transfer of water rights or a payment
of a fee in lieu thereof.”