Clancy’s decade-long quest for a reliable water source may be nearing a successful conclusion after multiple tests in recent months confirmed the quality and quantity of water from a new well on the property of Steve Marks.
Prior to construction, two key steps remain for the Clancy Water & Sewer District: gaining control of the well site; and securing water rights. Marks recently asked Great West Engineering, the Helena consulting firm assisting on the project, for details of the well construction plan to help him decide whether to seek a permanent lease or offer the site for purchase.
The District expected his decision relatively soon. But the second obstacle is likely to be more complicated. “I think our biggest hurdle at this point is obtaining water rights,” says District board president Lori Gilliland.
The District and Great West have begun looking into the area’s water rights with the help of a consultant, yet as of Tuesday remained unsure whether a rights transfer or new claim would be needed. Stan Bradshaw, a retired water rights attorney who worked for the state for many years, said if the right had previously been assigned to Marks, the District would need to transfer it with the Department of Natural Resources and Conservation.
“If they have access to a well that has already been assigned a water right for a beneficial use other than a community or municipal use, the district would still have to go through DNRC’s change process,” he said. “The primary burden in any proposed water rights change is to show that it will not adversely affect existing water users.”
That process could take up to two years. Gaining a new water right, if it has not yet been assigned, could take around the same length of time, given that the area is in a closed basin that would require a water mitigation plan to gain approval.
“Applications for new groundwater permits, especially in a closed basin, come laden with the obligation to model the proposed new use for depletions to the system and then to come up with a mitigation plan,” said Bradshaw.
There is also the issue of cost, and the resulting water rate for residents. Thus far, the project has spent around $350,000, according to board chair Lori Gilliland. Great West Engineering’s recent extension request on American Rescue Plan Act (ARPA) funds estimated an additional $1.3 million will be spent by June 30.
This would cover wells, transmission lines, a possible water tank, distribution and storage facilities, and a pump house. Assuming 50 percent loan forgiveness and service to 78 homes in the first phase, Gilliland estimated a monthly rate of $98 per user once the system is operational.
Great West engineers plan to visit the site in early December for a topographic survey to identify ground features and determine the best location and layout for new wells and a pumphouse.
