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HomeMy WebLinkAbout021 Appendix U - DNRC Request Exempt Well1 Tyler Steinway From:Katie Sewell <ksewell@design5la.com> Sent:Thursday, October 20, 2022 10:47 AM To:Tyler Steinway Subject:FW: Bozeman - Aaker Phase 1 Subdivision - Irrigation Tyler, See notice below from the DNRC. Thanks! Katie Sewell, PLA, ASLA O: 406.587.4873 C: 770.823.4474 www.design5la.com From: Strasheim, Kerri <kstrasheim@mt.gov> Sent: Tuesday, October 11, 2022 10:47 AM To: Katie Sewell <ksewell@design5la.com> Cc: Cordell Pool <cpool@seaeng.com>; Tyler Steinway <tsteinway@intrinsikarchitecture.com>; Bridget Hake <bridget@design5la.com>; Griffin Nielsen <GNielsen@BOZEMAN.NET> Subject: RE: Bozeman - Aaker Phase 1 Subdivision - Irrigation Katie – Thank you for the opportunity to review your project. Lot 2A of Minor Subdivision 191B (currently 95.6 acres) is being developed into Aaker Subdivision. Three park irrigation wells are planned, and the parks follow the waterways. (I also ask that the ditch centrally located in the parcel be planned in adequately, as MSU appears to still need this conveyance.) Each well cannot exceed 35 gallons per minute (GPM). The total use planned for the three wells is 8.68 acre-feet (AF) per year within park area of 9.6 acres. The landscape plan will ensure that the three wells do not exceed 10 AF. The City of Bozeman is providing all other uses. The City is responsible for ensuring that this use fits within existing water rights. 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 2 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 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 Geocode of project: 06-0798-14-4-02-20-0000 From: Katie Sewell <ksewell@design5la.com> Sent: Monday, September 12, 2022 4:11 PM To: Strasheim, Kerri <kstrasheim@mt.gov> Cc: Cordell Pool <cpool@seaeng.com>; Tyler Steinway <tsteinway@intrinsikarchitecture.com>; Bridget Hake <bridget@design5la.com> Subject: [EXTERNAL] Bozeman - Aaker Phase 1 Subdivision - Irrigation Hi Kerri, We are in need of a pre-determination letter for a new subdivision project. The proposed Aaker Phase 1 Subdivision will be submitted to the City of Bozeman as a preliminary plat in the coming weeks. Attached is an exhibit of the proposed irrigation with detailed information on water use and irrigated area. The project is planned to have 3 wells which will share 1 exempt water right. Please let us know if you have questions or need further information. Thanks! Katie Sewell, PLA, ASLA 111 N Tracy Ave Bozeman, MT 59715 Office: 406-587-4873 Cell: 770-823-4474 www.design5la.com [design5la.com]