HomeMy WebLinkAbout016.1DNRCPreliminaryDetermination1
Madeline Good
From:Strasheim, Kerri <kstrasheim@mt.gov>
Sent:Friday, April 29, 2022 4:57 PM
To:Madeline Good
Cc:Griffin Nielsen
Subject:Lot 3A McChesney Indus Park Sub DNRC Review
Madeline –
Thank you for the opportunity to comment on your project at Lot 3A in Nikles Business Park. The inside use is
being provided by the City of Bozeman, and the City is responsible for ensuring that this use fits within current
water rights. Lawn and garden irrigation will be occurring from a groundwater well. The requested amount is
0.75 AF, and this lot falls under the 1993 rule. This is less than 10 AF, so no water right permitting is required.
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
MT DNRC Water Resources
2273 Boot Hill Court, Suite 110
Bozeman, MT 59715
Ph: 406-556-4504