HomeMy WebLinkAboutAdopt Resolution 4399 amending the water rights resolution
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Assistant Director
Tim McHarg, Planning Director
SUBJECT: Commission Resolution 4399
MEETING DATE: September 10, 2012
AGENDA ITEM TYPE: Action (Legislative Item)
RECOMMENDATION: Adopt Resolution 4399 amending the water rights resolution to
coordinate wording with Resolution 4400 establishing annexation goals and policies and
Ordinance 1839 amending Section 38.23.180, Water Rights.
RECOMMENDED MOTION: “Having reviewed the draft resolution, considered public
comment, and considered all of the information presented, I find the amended resolution to be in
the public interest and consistent with other City policies and move to approve Resolution 4399.”
BACKGROUND: The City Commission adopted Resolution 4095 on March 17, 2008 to
establish certain policies pertaining to the acquisition of water rights. Ordinance 1796 was
adopted on January 3, 2011 which placed the subject of water rights directly into the municipal
code. The City Commission preliminarily adopted Ordinance 1839 on August 27, 2012
amending Section 38.23.180 which governs the acquisition of water rights to mitigate impacts of
development. Final adoption is scheduled for September 10, 2012.
It is in the public’s interest to have all of the City’s policies on a single subject be coordinated.
The City Commission directed Staff to prepare revisions to Resolution 4095 to ensure the
various ordinances and resolutions are consistent with the terms of Ordinance 1839.
UNRESOLVED ISSUES: None
ALTERNATIVES: The City Commission could decline to approve the ordinance or could
propose alternative text.
FISCAL EFFECTS: None
Attachments: Resolution 4399
Report compiled on: August 30, 2012
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COMMISSION RESOLUTION NO. 4399
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ESTABLISHING A VALUATION FOR CASH IN LIEU OF WATER
RIGHTS AND REPLACING RESOLUTION 4095.
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
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Resolution No. 4399, Valuation for Cash in Lieu of Water Rights
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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:
A. It is the policy of the City of Bozeman to acquire adequate usable water rights. Usefulness
and adequacy are is determined by the City. Acquisition may be through annexation or land
developments approved through subdivision, or zoning authority in accordance with Section
38.23.180, BMC. 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
choose to accept an appropriate fee in lieu thereof. The fee Fees paid in accordance with
38.23.180 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 APPROVED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 10th day of September, 2012. The effective date of this
Resolution shall be October 13, 2012.
__________________________________
SEAN A. BECKER
Mayor
ATTEST:
_________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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