HomeMy WebLinkAboutCity/County Planning Board Minutes 04.08.1976 4TNUTi5 or THE
LAUREL-YELLOWSTONE
CITY - COUNTY PLANNING BOARD
LAUREL, MONTANA 59044
April 8, 1976
Meeting called to order by John Hawley Smith, President, at 7:37
p.m., with the following members present:
John Hawley Smith, President (City Representative)
Don Ronan, Vice President (County Representative)
Larry D. Herman, Exec. Secretary (City Representative)
Kenneth Christian (County Representative)
R. M. Williams (County Representative)
Herman N. Michael (City Representative)
Robert Dantic (City Representative)
Members of the Board who were absent:
Alan Richardson (Member at Large)
Leo Kamp (County Representative)
Also Present:
J. A. Ramsey
Dave Murray
Harlan Lund
Nina Severin
Bob Mace
Minutes read and approved. Correspondence read.
File #76-2 MURRAY HEIGHTS SUBDIVISION, 2nd Filing, hearing held.
Notice of public hearing published in Outlook on March 24th and 31st.
Discussion of proposed agreement regarding improvements, needs to be
signed by County Commissioners, and insert working "storm drainage ".
City services and annexation go togeher. Discussion of roads, curves
and street intersections. Discussion of an additional pumping station.
Discussion of annexation fees being proposed. Motion by Larry Herman
to accept the plat with provision that it will be ainexed and to re -do
the waiver, seconded by R. M. Williams. Passed.
Harlan Lund presented the preliminary sketch of 40 acres purchased
by Mace Realty as presented to Plat Review Committee last night. There
is a 300' strip beneath the subdivision owned by a Mr. Nauman, which
should be considered as a possible plat also. Park requirement will
be a cash donation. Board asked Mace to submit these plans formally.
Transportation Committee reported on discussing a letter from
the State Highway Commission regarding changing of highway between
Rockvale and Laurel. It was the committee's feeling that an alter-
nate route west should be considered plus further study.
Notice received that on April 20, 1976, the County Commissioners
intend to vacate streets: South Colorado Avenue, South Pennsylvania
Avenue and South Wyoming Avenue from 4th Street South to the Inter-
state right-of-way.
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minutes of the Planning Board
April 8, 1976
Memo from Cumin Assoc. read. Discussion of Cumin Assoc. proposed
planning program. Report of telephone conversation with other counties
was favorable. Sample contract read and commented upon by Larry Herman.
Motion from Merritt Williams to hire Cumin Assoc. under contract,
seconded by Kenneth Christian. Passed.
Motion to pay current bills.
Correspondence from Board of Adjustments read and discussed.
Recommendation for a zone change turned over to committee on Community
Development, Don Ronan, Chairman, for further study.
Review and comments requested on HUD application by the Billings
Planning Board. Form filled out by Larry Herman for the Board.
There being no further business, meeting adjourned at 9 :30 p.m.
Resp—tfully submitted,
�=' ,sue •.�- -� — _
Larry D. Herman
Executive Secretary
pi
M ppTANA DEp,„,
o MONTANA DEPARTMENT OF NATURAL
RESOURCES AND CONSERVATION
�• ' THOMAS L. JUDGE. GOVERNOR
GARY WICKS. DIRECTOR
RtlOIJRCCI AND MEMBERS OF THE BOARD
JOSEPH W. SABOL. CHAIRMAN 449 -2872
WATER RESOURCES VIOLA HERAK 32 SOUTH EWING
DIVISION OR WILSON F. CLARK NATURAL RESOURCES BUILDING
ORRIN FERRIS DEAN HANSON HELENA. MONTANA 59601
ADMINISTRATOR WILLIAM BERTSCHE
CECIL WEEDING
DAVID G. DRUM
March 1, 1976
MEMORANDUM
TO: All Interested Persons
FROM: J. E. Acord, Chief, Resources and Planning Bureau
RE: Water Reservation Rules
Enclosed is a copy of the Water Reservation Rules as adopted, in
final form, by the Board of Natural Resources and Conservation on
February 6, 1976.
Interest shown by attendance at the hearings and comments received
prior to final adoption of the rules are greatly appreciated
Additional copies of the rules may be obtained by contacting this
office.
6:p
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CHAPTER 14R
Sub - Chapter 1
Reservations of Water
Section 36- 2.14R(1) -S1400 POLICY AND PURPOSE OF RULES
36- 2.14R(1) -S1410 DEFINITIONS
36- 2.14R(1) -S1420 APPLICATION FOR RESERVATION
- ASSISTANCE BY DEPARTMENT
36- 2.14R(1) -S1430 APPLICATION CONTENT
36- 2.14R(1) -51440 APPLICATIONS INVOLVING STORAGE
OR DIVERSION FACILITIES -PLAN
36- 2.14R(1) -S1450 PROCESSING AND ACTION ON
APPLICATION
36- 2.14R(1) -S1460 ORDER RESERVING WATERS - -
RECORDING
36- 2.14R(1) -S1470 BOARD REVIEW OF RESERVATIONS
36- 2.14R(1) -S1480 WATER USE UNDER A RESERVATION
36-2.14R(1)-S1490 PROTECTION OF WATER RESERVATION
36-2.14R(1)-S14100 INDIVIDUAL RIGHTS
36- 2.14R(1)- S14110 ENVIRONMENTAL IMPACT STATEMENT
(EIS)
36- 2.14R(1)- S14120 FEES AND COSTS
36- 2.14R(1) S14130 APPLICABILITY
36- 2.14R(1)- S14140 APPLICATIONS IN YELLOWSTONE RIVER
BASIN
36- 2.14R(1) S14150 FORMS
36 -30.26 2- 2/26/76 MONTANA ADMINISTRATIVE CODE
r\ r
36-2.14R(1)-S1400 NATURAL
RESOURCES AND CONSERVATION
Sub- Chapter 1
Reservations of Water
- 36-2.14R(1)-S1400 'POLICY AND PURPOSE OF RULES As
provided by Section 89 -866 of the Montana Water Use Act, it is
the policy of this state to provide for the wise utilization, .
development, and conservation of the waters of the state for
the maximum benefit of its people with the least possible de-
; gradation of the natural aquatic ecosystems. Montana must be
responsive to the need for maintaining stream flows for the
protection of existing water rights, aquatic life and water
quality, and for establishing options for future consumptive
and non - consumptive uses of Montana's water resources. To aid
in the implementation of this policy, Section 89 -890 of the
Act provides for the establishment of reservations of water by
governmental entities, and Section 89 -8 -107 provides that the
Department of Natural Resources and Conservation shall, as
rapidly as possible, assist those governmental entities in
applying for reservations within the Yellowstone River Basin.
The policy and purpose of these rules is to encourage appli-
cation for and the establishment of reservations of water which
meet the criteria expressed in the Act, and to provide guide -
lines and procedures in the establishment of such reservations.
(History: Sec. 89 -869, R.C.M. 1947; NEW, MAC Not. No. 36 -3 -16;
Order MAC No. 36 -3 -11; Adp. 2/6/76; Eff. 3/7/76.)
36-2.14R(1)-S1410 DEFINITIONS Unless the context re-
quires otherwise, in these rules:
(1) "Act" means the Montana Water Use Act, Section 89-
865 et seq., R.C.M. 1947.
(2) "Water" means all water of the state, surface and
subsurface, regardless of its character or manner of occurrence.
(3) "Beneficial use" means a use of water for the bene-
fit of the appropriator, other persons, or the public, includ-
ing, but not limited to, agricultural (including stock water),
domestic, fish and wildlife, industrial, irrigation, mining,
municipal, power, and recreational uses; provided, however,
that a use of water for slurry to export coal from Montana is
not a beneficial use. Slurry is a mixture of water and in-
soluble matter.
(4) "Department" means the Department of Natural Re-
sources and Conservation.
(5) "Board" means the Board of Natural Resources and
Conservation.
36- 30.26A 2- 2/26/76 MONTANA ADMINISTRATIVE CODE
36- 2.14R(1)- S1410 NATURL
RESOURCES AND CONSERVATION
(6) "Storage facility" is any facility that regulates
the flow of water for use at a more beneficial time.
(7) "Diversion facility" is any facility that is used
to divert and transport water from a source of water in order
that it be put to beneficial use.
(8) "Reservation of water" means a reservation of water
approved by the Board pursuant to Sections 89 -890 and 89 -8 -107,.
R.C.M. 1947, and these rules.
(9) "Permit" means the permit to appropriate water
issued by the Department under the Act. (History: Sec. 89 -869,
R.C.M. 1947; NEW, MAC Not. No. 36 -3 -16; Order MAC No. 36 -3 -11;
Adp. 2/6/76; Eff. 3/7/76.)
36- 2.14R(1) -S1420 APPLICATION FOR RESERVATION OF WATER
--ASSISTANCE BY DEPARTMENT. (1) An application for reservation
of water shall be made on Form 610 and submitted to the Water
Resources Division of the Department, 32 South Ewing, Helena,
Montana 59601, and shall be accompanied by the information,
plan, and fee required by the Act and these rules.
(2) The Department shall return a deficient or incomplete
application to the applicant for correction or completion. An .
application will not be processed by the Department and acted
upon by the Board until it is complete and in compliance with
the Act and these rules.
(3) The applicant may request the Department to assist
it in completing the application. The Department wili provide
such assistance, within its budgeting and staffing limitations,
free of charge. (History: Sec. 89 -869, R.C.M. 1947; NEW, MAC
Not. No. 36 -3 -16; Order MAC No. 36 -3 -11; Adp. 2/6/76; Eff.
3/7/76.)
36- 2.14R(1) -S1430 APPLICATION CONTENT (1) An application
for reservation of water shall contain information to show the
following:
(1) The purpose of the reservation. The beneficial use
or uses to which the reserved water will be applied shall be
indicated.
(2) The need for the reservation. The applicant shall
describe why a water right by permit will not meet the needs
of the applicant.
(a) If the water involves consumptive uses, the appli-
cant shall explain why it cannot construct the necessary
facilities to divert, convey and use the water in the near
future, and how that situation may change to allow that con-
struction.
36 - 30.26B 2 - 2/26/76 MONTANA ADMINISTRATIVE CODE
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36- 2.14R(1)- S1430 NATURAL
RESOURCES AND CONSERVATION
(b) If the application is for instream uses, such as
fish and wildlife, recreation, water quality, or protection
of existing rights, the applicant shall document why the re-
quested level or minimum flow of water should be protected from
depletion. This documentation shall include the environmental
benefits and detriments of maintaining the minimum flow, as
well as the environmental effects of not maintaining a minimum
flow, level or quality of water.
(3) The amount of water necessary for the purpose of
the reservation. The amount of water shall be expressed in
acre -feet per year, and in cubic feet per second, and shall be
based on the following criteria:
(a) Domestic and municipal uses -- accepted water use
values per person for the local area multiplied by the projected
population;
(b) Stock water uses -- accepted water use values per unit
for the region multiplied by the projected livestock numbers;
(c) Industrial uses -- established or accepted state-of-
the-art estimates of water requirements for the appropriate in-
dustrial process;
(d) Irrigation uses - -based on irrigation system types,
delivery losses and cropping patterns;
(e) Instream fish and wildlife uses - -based on state
the-art evaluations of water needs to sustain existing aquatic
and /or terrestrial ecosystems at the desired level. The appli-
cant shall demonstrate how the requested level or minimum flow
was determined, and why that level or flow is necessary;
(f) Other uses - -the most current methodology available
for determining water requirements.
(4) That the reservation is in the public interest. The
applicant shall explain the public benefits which will occur
from the reservation. These benefits shall be related to eco-
nomic and environmental beneficial and adverse effects, and
should refer to any state and federal legislation or policies
that support the particular proposed beneficial use. (History:
Sec. 89 -869, R.C.M. 1947; NEW, MAC Not. No. 36 -3 -16; Order MAC
No. 36 -3 -11; Adp. 2/6/76; Eff. 3/7/76.)
36 2.14R(1) -51440 APPLICATIONS INVOLVING STORAGE OR
DIVERSION FACILITIES - -PLAN (1) As required by Section 89 - 890
- (3)(d) of the Act, if the purpose of the reservation requires
construction of a storage or diversion facility, the applicant
shall establish to the satisfaction of the Board that there
will be progress toward completion of the facility and accomp-
lishment of the purpose with reasonable diligence in accordance
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36- 30.260 2 2/26/76 MONTANA ADMINISTRATIVE CODE
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36-- 2.14R(1) -S1440 NM'flJ:;\T,
RESOUI:CES AND CONSERVATION
with an established plan. Therefore, if the application in-
volves the beneficial use of water requiring storage or diver-
sion facilities, a plan shall accompany the application.
(2) The plan shall meet the following minimum standards:
(a) Plans for the construction of the diversion, convey-
ance, and application facilities shall be prepared to a level
of detail necessary to adequately define their size and func-
tion. The intent of this criteria is to demonstrate that the
applicant is not speculating on the use of reserved water, but
rather has reasonable and established plans for the construction
of a water resource project or projects. The plan shall be pre -
pared and documented to the highest degree of detail possible,
and accompanied by maps or drawings showing the project loca-
tions, place of water use, point or points of diversions, and
other relevant information. The Department shall determine
if each application has been sufficiently defined to preclude
speculation.
(b) The economic feasibility of the project or projects
shall be discussed. The project should be a financially feas-
ible undertaking. The applicant should furnish documentation
that will support the economic feasibility of the project.
Since it is difficult to forecast future prices, returns,
technologies, etc. with precision, each project will be eval-
uated on a case -by -case basis rather than on an arbitrary 1:1
benefit -cost criteria. Further, each project will be consider-
ed on its merits as a viable development project and as a worth-
while investment undertaking.
(c) For the following beneficial uses:
(i) Irrigation - -To demonstrate the suitability of lands
to sustain irrigation, a land classification map shall be sub-
mitted showing the location of the actual lands proposed to be
irrigated. The classification shall show soil capabilities
and be based on factors such as soil types, salinity, slope,
and drainage characteristics.
(ii) Domestic and municipal -- Population projections based
on state or local trends shall be submitted to demonstrate
future water needs.
(d) If the purpose of the reservation requires individual
investments, the applicant where possible shall show that the
appropriate persons are willing to make those investments.
(e) Proof of reasonable diligence shall be documented
by including a schedule of planning and development efforts to
be initiated and completed, along with target dates or years
that facilities will be built and the water beneficially used.
36- 30.26D 2- 2/26/76 MONTANA ADMINISTRATIVE CODE
36- 2.14R(1) -S1440 NATURz>L
RESOURCES AND CONSERVATION
Applications for reservations of water to be used any number of
years in the future will be accepted and processed, provided
that the plan indicates a bona fide intent and ability to use
the water reserved as projected. However, applications for the
reservation of water for more than ten (10) years in the future
will be closely scrutinized.
(f) The applicant shall demonstrate its plans and abil-
ity to own or control the water project or the water reserva-
tion. The organizational entity or persons that will plan,
ini -a to and- von-struet-- t#e-pr een or pr ey shall be in-
dicated. Anticipated sources of funding for the proposed devel-
opment shall also be indicated. (History: Sec. 89-869, R.C.M.
1947; NEW, MAC Not. No. 36 -3 -16; Order MAC No. 36 -3 -11; Adp.
2/6/76; Eff. 3/7/76.)
36-2.14R(1)-S1450 PROCESSING AND ACTION ON APPLICATION
(1) As provided by Section 89- 890(2) of the Act, an application
for reservation of water will be processed as is an application
for a permit to appropriate water. Public notice of the appli-
cation, and a public hearing on objections to the application,
if any, are required.
(2) The Board will make the final decision whether to
approve the application. The Board may, in its discretion,
approve the application as requested, approve the application
subject to such terms and conditions it considers appropriate,
including requiring the periodic submission of Form 624, Notice
of Progress, or deny the application.
(3) Fulfillment of all the requirements in the Act and
these rules for an application for a reservation of water does
not mean that the Board will automatically approve the request.
(History: Sec. 89 -869, R.C.M. 1947; NEW, MAC No. 36 -3 -16;
Order MAC No. 36 -3 -11; Adp. 2/6/76; Eff. 3/7/76.)
36- 2.14R(1) -S1460 ORDER RESERVING WATERS -- RECORDING
An order of the Board reserving waters shall be recorded by
the Department in the applicable county clerk's offices, and
such recording shall be updated by the Department as required.
(History: Sec. 89 -869, R.C.M. 1947; NEt7, MAC Not. No. 36 -3 -16;
Order MAC No. 36 -3 -11; Adp. 2/6/76; Eff. 3/7/76.)
36-2.14R(1)-S1470 BOARD _ REVIEW OF RESERVATIONS As
provided by Section 89- 890(6) of the Act, the Board shall,
periodically but not less than every ten years, review existing
reservations of water to ensure that the objectives of. the
36- 30.26E 2-2/26/76 MONTANA ADMINISTRATIVE CODE
36- 2.14R(1)- S1470 NNJURAL
RESOURCES AND CONSERVATION
reservation are being met. Where the objectives of the reser-
vation are not being met, the Board may extend, revoke or modi-
fy the reservation, after the reservation holder has been
granted an opportunity to be heard by the Board. (History:
Sec. 89 -869, R.C.M. 1947 NEW, MAC Not No 36.3 -16; Order MAC
No 36 -3 -11; Adp. 2/6/76; Eff. 3/7/76.)
36- 2. 14R(1) -S1480 WATER USE UNDER A RESERVATION A
reservation may be granted for existing or future beneficial
uses. A. reservation holder may use water pursuant to the
reservation without a permit. A water reservation will not be
changed to a permit, or vice versa, except by loss of priority
date. A reservation holder shall, upon completion of any
project facility, file Form No 623, Notice of Beneficial Use
of Reserved Waters, with the Water Rights Bureau of the Depart-
ment. (History: Sec. 89-869, R.C.M. 1947 NEW, MAC Not No
36- 3-16; Order MAC No 36 -3 -11; Adp. 2/6/76; Eff. 3 /7/76.)
36- 2.14R(1) -51490 PROTECTION OF WATER RESERVATION Once
a reservation is granted, it is subject to protection under the
Act, and is a conditional water right protected by law as is a
permit to appropriate water. A reservation holder is an
"appropriator" under the Act, and as such has standing to file
an objection to any application for a permit to appropriate
reserved waters filed by any person. This allows the holder to
appear at a hearing before the Department to assert ics entitle-
ment to protection. (History: Sec. 89 -869, R.C.M. 1947; NEW,
MAC Not No. 36-3-16; Order MAC No 36- 3-11, Adp. 2/6/76
Eff. 3/7/76.)
36- 2.14R(1)- 514000 INDIVIDUAL PROJECTS The Act does not
provide for water reservations by individuals. A water reser-
vation right must be held by the applicant if approved by the
Board, and may not be transferred in whole or in part to private
individuals or entities. However, an applicant's request for a
reservation could be proper if it were to be based on and on
behalf of the needs of a number of individual users, provided
that the distribution system and other facilities or the use of
the water under the reservation are owned or controlled by the
applicant. (History: Sec. 89 -869, R.C.M. 1947; NEW, MAC Not.
No 36 -3 -16 Order MAC No 36 -3 -11; Adp. 2/6/76; Eff. 3/7/76.)
36- 30.26E 2 - 2/26/76 MONTANA ADMINISTRATIVE CODE
36 2.14R(1)- s14010 NATURAL
RESOURCES AND CONSERVATION
36- 2.14R(1)- $14010 ENVIRONMENTAL IMPACT STATEMENT (EIS)
The necessity for an EIS must be evaluated on a case by case
basis for each reservation request, and is governed by the
Montana Environmental Policy Act (MEPA) and Board and Depart
ment regulations and guidelines. However, if several appli-
cations for reservations, of water are received, or are expected
to be received, within a short time period a cumulative EIS will
be prepared if the total size of the cumulative requests indi-
cate an EIS is necessary. The EIS, if required, shall be pre-
Pared pr ior to Board action on the reservation- ,a_pgl ;cation„
The Department shall compile the EIS, if necessary, and it may
require the applicant to submit such information as is neces-
saiy to enable it to compile the EIS. (History: Sec. 89 -869,
R.C.M. 1947; NEW, MAC Not. No. 36 -3 -16; Order MAC No. 36
Adp. 2/6/76; Eff. 3/7/76.)
36 2.14R(1)- S14020 FEES AND COSTS As required by MAC
36- 2.14J(2)- S1420, a $100 fee shall be paid to the Department
when filing an application for reservation of water. As re
quired by Section 89 -890 of the Act, the Department's costs of
giving notice, holding the hearing, conducting investigations,
and making records, incurred in acting upon the application to
reserve water, except the cost of salaries of the Department's
personnel, shall be paid by the applicant. The Department
shall bill the applicant for those charges. (History: Sec.
89-869, R.C.M. 1947; NEW MAC Not. No. 36 -3 -16; Order MAC No.
36-3-11; Adp. 2/6/76; Eff. 3/7/76.)
36- 2.14R(1)- 814030 APPLICABILITY These rules are appli-
cable to all applications for reservations of water pending on
the effective date of these rules, as well as others submitted
thereafter. Any applications pending on the effective date of
these rules shall be amended to conform to the requirements of
these rules. (History: Sec. 89 -869, R.C.M. 1947; NEW, MAC Not.
No. 36 -3 -16; Order MAC No. 36 -3 -11; Adp. 2/6/76; Eff.3/7/76.)
36-2.14R(1)-S14040 APPLICATIONS IN YELLOWSTONE RIVER
BASIN Because of the necessity for processing applications
in the Yellowstone River Basin before the Department's
report on the Basin is submitted to the 1977 Legislature, appli-
cations for reservation of water from the Basin are encouraged
to be submitted by November 1, 1976 to provide for proper
administrative and planning review. Applications received
after that date will be accepted and processed, in accordance
with the Act, but might not be acted upon before the expiration
of the "Yellowstone Moratorium" under Section 89 -8 -105, R.C.N.
36- 30.26G 2- 2/26/76 MONTANA ADMINISTRATIVE CODE
36- 2.14R(1)- S14040 NATI7 AL
RESOURCES AND CONSERVATION
1947, or included in the Department's report to the Legis-
lature, due to insufficient time for review. (History: Sec.
89 -869, R.C.M. 1947; NEW, MAC Not. No. 36 -3 -16; Order MAC No.
36 -3 -11; Adp. 2/6/76; Eff. 3/7/76.)
36- 2.14R(1)- S14050 FORMS The necessary forms for the
administration of these rules are available from the Water
Resources Division of the Department, 32 South Ewing, Helena,
Montana 59601. These forms hereinafter listed are hereby
adopted, and shall be used in the administration of these rules
as herein provided:
(1) Form No. 610, Application for Reservation of Water.
(2) Form No. 623, Notice of Beneficial Use of Reserved
Waters.
(3) Form No. 624, Notice of Progress.
(4) Form No. 625, Order Reserving Waters. (History:
Sec. 89 -869, R.C.M. 1947; NEW, MAC Not. No. 36 -3 -16; Order MAC
No. 36 -3 -11; Adp. 2/6/76; Eff. 3/7/76.)
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36- 30.26H 2- 2/26/76 MONTANA ADMINISTRATIVE CODE