HomeMy WebLinkAbout20 DNRC Well e-mail 06-05-19 Juliene
rom: Strasheim, Kerri <kstrasheim@mt.gov>
Sent: Wednesday,June 05, 2019 1:43 PM
To: juliene@mad-eng.com
Cc: Brian Heaston
Subject: RE: DNRC Inquiry for Graf St Apartments
Juliene -
Thank you for the opportunity to review your project. The project will have indoor use provided by the
City of Bozeman, while groundwater will be used for open space irrigation. 3.24 acres of lawn and garden
irrigation will be provided by groundwater wells, up to 7.38 AF (or to 8.1 AF, using our exemption
standard). The groundwater use for this project does not exceed 10 AF, so no water right permitting is
required. Each well cannot exceed a diversion rate of 35 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.
Thank you, again,
Kerri
Kerri Strasheim
Regional Manager - Gallatin, Madison, and Park Counties
i
MT DNRC Water Resources
2273 Boot Hill Court, Suite 110
Bozeman, MT 59715
Ph: 406-556-4504
Fax: 406-587-9726
kstrasheim@mt.gov
From:Juliene<juliene@mad-eng.com>
Sent: Monday, May 06, 2019 11:24 AM
To:Strasheim, Kerri<kstrasheim@mt.gov>
Subject: DNRC Inquiry for Graf St Apartments
Hi Kerri,
I hope this message finds you well—happy Monday!
With this email I am requesting comments from the DNRC regarding the irrigation water usage for Graf Street
Apartments,a new residential development on the northwest corner of S 191h Ave and Graf St. Attached is a site
plan. The site's parks will be irrigated using a groundwater well. There will be approximately 3.24 acres of irrigated
space. 2.28-AF per acre water usage is provided by the DNRC dry year for climatic area IV with a 70%sprinkler
efficiency.Typical flow requirements for irrigation are 25 gpm. Based on this, approximately 7.38 AF of water usage is
proposed for irrigation for this project.
Please review this information at your earliest convenience and provide comments. Please reach out if you have any
questions.
Thanks!
Juliene Sinclair,PE
Madison Engineering, LLC
895 Technology Boulevard,Suite 203
Bozeman, MT 59718
406.586.0262 office
406.586.5740 fax
Juliene@mad-eng.com
MADItSON
ENGINEERING
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