HomeMy WebLinkAbout10 Headwaters Academy SP# 19495-Groundwater Exempt Well Email_2020-05-18From:Strasheim, Kerri
To:Kira Ogle
Cc:Brian Heaston
Subject:RE: Headwaters Academy SP# 19495
Date:Monday, May 18, 2020 5:06:48 PM
Attachments:image001.png
Kira –
Thank you for your inquiry. This project is just outside of the Bozeman Solvent SiteControlled Ground Water Area (BSS CGWA), so groundwater exemptions are allowed. The parcel is about three acres in size. Conservatively, three acres of irrigation is notmore than 7.5 acre-feet (AF), so a groundwater exemption can be used for yourproject’s lawn and garden needs. No water right permitting is required ahead of time. Each well cannot exceed a diversion rate of 35 gallons per minute (GPM). Standard Language:
In Clark Fork Coalition, et. al. v. DNRC, et. al., 2016 MT 229, 384 Mont. 503, 380 P.3d
771, the Montana Supreme Court concluded that the definition of “combined
appropriation” in Admin. R. Mont. 36.12.101(13) was invalid. The Court reinstated the
Department’s 1987 Rule defining “combined appropriation” as: “An appropriation of
water from the same source aquifer by means of two or more groundwater
developments, the purpose of which, in the department’s judgment, could have been
accomplished by a single appropriation. Groundwater developments need not be
physically connected nor have a common distribution system to be considered a
“combined appropriation.” They can be separate developed springs or wells to
separate parts of a project or development. Such wells and springs need not be
developed simultaneously. They can be developed gradually or in increments. The
amount of water appropriated from the entire project or development from these
groundwater developments in the same source aquifer is the “combined
appropriation.”
Under this Rule, the Department interprets subdivisions that are pending before the
Department of Environmental Quality for approval on October 17, 2014 or filed after
that date to be a single project that can be accomplished by a single appropriation.
Consequently, all wells in such a subdivision will be considered a “combined
appropriation” for the purposes of Mont. Code Ann. 85-2-306. The only exception to
this interpretation is that a subdivision which has received preliminary plat approval
prior to October 17, 2014 will not be considered a project under the “combined
appropriation” 1987 Rule; individual lots will still be evaluated under the 1987 Rule at
the time of an application to the Department. 2015 Mont. Laws § 1, Ch. 221.
This communication does not serve as a pre-approval for a water right.
Have a good day,
Kerri___________________Kerri StrasheimRegional Manager – Gallatin, Madison, and Park CountiesMT DNRC Water Resources2273 Boot Hill Court, Suite 110Bozeman, MT 59715Ph: 406-556-4504Fax: 406-587-9726kstrasheim@mt.gov
From: Kira Ogle [mailto:kira@legendsstudio.com]
Sent: Monday, April 20, 2020 11:37 AM
To: Strasheim, Kerri <kstrasheim@mt.gov>
Subject: [EXTERNAL] Headwaters Academy SP# 19495
Good Morning Keri,
I am working on the site plan application and approval for the Headwaters Academy SP# 19495. The
project property is located at 1005 Durston Road.
To remove the ‘irrigation’ component from the cash in lieu water rights fee, we would like to install a
well for landscape irrigation but need confirmation from DNRC that an exempt well is allowable. I
am reaching out to you to obtain that.
I have attached the proposed landscape and irrigation plans for the project for your
reference/review. Once we have your confirmation, the project will be exempt from the fee.
Please let me know fi you have any questions or need further information or drawings.
Thank you,
Kira E. Ogle, AIA, NCARB
Principal
3805 Valley Commons Drive, Suite 11
Bozeman, MT 59718
p. 406.556.6676