HomeMy WebLinkAbout007 Water Well Exemption josh.w@mad-eng.com
From: Strasheim, Kerri <kstrasheim@mt.gov>
Sent: Monday, August 29, 2022 5:46 PM
To: josh.w@mad-eng.com
Cc: erik@mad-eng.com; Griffin Nielsen
Subject: RE: [EXTERNAL] Nexus Point Phase II Water Well
Attachments: Irrigation Sketch Plan.pdf
Josh—
Per the information provided,Nexus Point Phase II irrigation needs are 3.5 acre-feet(AF) of groundwater. All
of Nexus Point is limited to io AF of water. Previously, 2.65 AF was allotted to the pink area on the attached
map. The additional 3.5 AF is allotted to the yellow highlighted area on the attached map. This total
groundwater use of 6.15 AF leaves up to 3.85 AF for use by the remaining area. Each well cannot exceed 35
GPM (gallons per minute). No water right permitting is required ahead of time.
The City of Bozeman is providing all indoor 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., 2o16 MT 229, 384 Mont. 503,38o 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 for the opportunity to review this project.
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
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Ph: 4o6-556-4504
From:josh.w@mad-eng.com <josh.w@mad-eng.com>
Sent: Monday,August 1,2022 8:54 AM
To:Strasheim, Kerri<kstrasheim@mt.gov>
Cc:erik@mad-eng.com
Subject: [EXTERNAL] Nexus Point Phase II Water Well
Hi Kerri,
This is Josh with Madison Engineering. I'm contacting you because our client for Nexus Point Phase II is looking to install
a landscape irrigation well on their property. I have attached the corresponding site plan to this email labeled C1.0.The
geocode for the property is: 06-0798-23-1-01-0000.
Let me know what other information you need from me.
Thanks,
Josh Wolfram
Madison Engineering, LLC
895 Technology Boulevard,Suite 203
Bozeman, MT 59718
406.586.0262 office
iosh.wL@mad-eniz.com
i•
MAM!OM
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