HomeMy WebLinkAbout029 DNRC Cash in lieu of water rights determinationTara Hastie <thastie2@gmail.com>
Parkway Plaza Sub Block 1 Lot 2
10 messages
Strasheim, Kerri <kstrasheim@mt.gov>Tue, Mar 21, 2023 at 4:36 PM
To: Tara Hastie <thastie2@gmail.com>
Cc: Griffin Nielsen <GNielsen@bozeman.net>
Tara –
Thank you for the opportunity to review your project. Lot 2, Block 1 of Parkway Plaza and Community PUD is
currently being planned for development. This lot has been in existence prior to 2014, so this lot can have a full
exemption. Each well cannot exceed 35 gallons per minute (GPM). The total use planned for the lawn and garden
irrigation will not exceed 2.5 acre-feet (AF) per year. The landscape plan will ensure that the use does not exceed 10
AF. Water right permitting is not required – this fits within the current groundwater exception.
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 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: 06-0798-10-4-13-08-0000
Tara Hastie <thastie2@gmail.com>Wed, Mar 22, 2023 at 7:17 AM
To: "Strasheim, Kerri" <kstrasheim@mt.gov>
Cc: Griffin Nielsen <GNielsen@bozeman.net>
Thank you so much for all your help!
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Tara Hastie <thastie2@gmail.com>Thu, Mar 23, 2023 at 12:09 PM
To: Bill Zell <billzell@gmail.com>, "Chris Wasia, P.E." <cwasia@g-e-i.net>, Bob Mechels <Bob@hahaarchitect.com>
I'm going with this as a "yes" and she notified Griffin at the City for us already!
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Bill Zell <billzell@gmail.com>Thu, Mar 23, 2023 at 12:12 PM
To: Tara Hastie <thastie2@gmail.com>
great thanks
B
do we need to notify city as well
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Tara Hastie <thastie2@gmail.com>Thu, Mar 23, 2023 at 12:16 PM
To: Bill Zell <billzell@gmail.com>
It will be included in the formal submission and she was kind enough to notify Griffin at the City as well;)
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Bill Zell <billzell@gmail.com>Thu, Mar 23, 2023 at 12:32 PM
To: Tara Hastie <thastie2@gmail.com>
sweet. I thought we already submitted our proposal to the city.
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Tara Hastie <thastie2@gmail.com>Thu, Mar 23, 2023 at 12:42 PM
To: Bill Zell <billzell@gmail.com>
Stage 1 - I need to be certain your narrative reflects the DNRC determination with regard to cash in life and its easy
peasy to move them forward;)
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Bill Zell <billzell@gmail.com>Thu, Mar 23, 2023 at 12:46 PM
To: Tara Hastie <thastie2@gmail.com>
But you submitted it a couple weeks ago correct?
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Tara Hastie <thastie2@gmail.com>Thu, Mar 23, 2023 at 12:50 PM
To: Bill Zell <billzell@gmail.com>
Just fir stage 1 - i.w. being issued a file #. If I submit without ALL required documents at once, they deem it
"incomplete" and return it without reviewing it further (pre-screen" they call it.
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Bill Zell <billzell@gmail.com>Thu, Mar 23, 2023 at 2:02 PM
To: Tara Hastie <thastie2@gmail.com>
Copy thanks
Sent from my iPhone
On Mar 23, 2023, at 12:50 PM, Tara Hastie <thastie2@gmail.com> wrote:
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