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HomeMy WebLinkAbout06.1 Exempt Well Approval Memo1 Laura Dornberger From:Strasheim, Kerri <kstrasheim@mt.gov> Sent:Thursday, July 22, 2021 1:13 PM To:Laura Dornberger Cc:Thomas Brown; Griffin Nielsen Subject:RE: exempt wells Laura – Thank you for the opportunity to review your project. As the University Crossing Subdivision hadn’t been previously reviewed, I greatly appreciate your work in figuring out proposed exempt well use on the other two lots. While your request was specifically for Lot 1A, the total subdivision proposed groundwater use for lawn and garden, as available today, is as follows: Lot 1A – 1.59 AF Lot 2A – 1.06 AF Lot 3 – 1.59 AF This use totals 4.24 AF – this use does not exceed 10 AF. No water right permitting is required. Each well cannot exceed 35 gallons per minute flow rate. The City of Bozeman is responsible for ensuring that the indoor use fits within existing water rights allowances. 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, 2 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 From: Laura Dornberger <ldornberger@LocatiArchitects.com> Sent: Wednesday, April 07, 2021 4:25 PM To: Strasheim, Kerri <kstrasheim@mt.gov> Cc: Thomas Brown <TBrown@locatiarchitects.com> Subject: [EXTERNAL] exempt wells Hello Kerri, We are trying to determine if we can have an exempt well on a new multi-family project site. Attached is project information and a site plan. Could you let us know if you need additional information? Thanks, LAURA DORNBERGER | LOCATI ARCHITECTS AIA ARCHITECT LEED AP BD+C / PARTNER 1007 EAST MAIN | SUITE 202 BOZEMAN MONTANA 59715 406.587.1139 | OFFICE 406.570.7496 | CELL