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HomeMy WebLinkAbout08_DNRC Letter_03-31-2020 DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION THEBozeman Water Resources Office Off_ 3T9 STEVE BULLOCK,GOVERNOR STATE OF MONTANA PHONE:(406)586-3136 2273 BOOT HELL COURT,SUITE 110 FAX:(406)587-9726 BOZEMAN, MONTANA 59715-7249 1 � June 9, 2017 Stahly Engineering&Associates, Inc. Attn: Jeff Stoner, P.E. 851 Bridger Dr., Suite 1 Bozeman, MT 59715 Re: Cannery District, City of Bozeman, Gallatin County Dear Jeff Stoner: Per the information provided in your email received on May 11, 2017, no water right permitting is required. The proposed groundwater use is for lawn and garden use. One existing water right is for 2.07 acres up to 3.31 AF (41H 30105319) for Common Open Space Lot 1. The proposed use for Lot 2 is 0.79 acres up to 1.97 AF. The proposed use for Lot 3 is 1.04 acres up to 2.61 AF. The proposed use for Lot 4 is 0.62 acres up to 1.55 AF. This total use of 9.44 AF is below 10 AF, so no water right permitting is required. This development appears to fall under the 1987 rule for combined appropriations. The wells cannot exceed a diversion rate of 35 gallons per minute (GPM) each. No water right permitting is required ahead of time. 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 letter does not serve as a pre-approval for a water right. Thank you, 1-- _ Fl� Kerri Strasheim Regional Manager cc: DEQ(Leata English, via email) Denise Moldroski Lain Leoniak