MISSOULA - A subdivision planned in Lower Miller Creek will have to address issues over water as the developer moves forward with early phases of the project, including notice to property owners and a surrender of water rights to the city.
The Missoula City Council approved the Riverfront Trails Subdivision in four phases in 2022. The developer, Tollefson Properties LLC, has already met the filing deadline for Phase 1 and is seeking an extension for the next two phases, pushing them out to 2028 and 2030.
Under state law, the city is required to consider if any circumstances have changed for each phase before the developer begins installing infrastructure or submits a final plat application. In the case of Riverfront Trails, issues around water have changed.
“The review can't deny any particular phase, but it can add new conditions if circumstances have changed,” said city planner Tara Porcari. “We did receive some information back from Public Works about water capacity issues and water rights. That led to a few new recommended conditions of approval.”
Given the concerns around water, the city is likely to add two new conditions to the project through a development agreement with the builder. They include a transfer of water rights to the city and the provision of notice to each plat regarding water.
“If monthly customer usage records show that the Riverfront Trails Subdivision is exceeding available monthly water allotments in the provided water right, or where the city determines there is a water shortage, the city's Public Works director is authorized to order water users in the development to curtail the use of water for irrigation or sprinkling purposes,” the notice will read.
The Riverfront Trails subdivision is proposed on 92 acres off Old Bitterroot and Lower Miller Creek roads. However, nearly 44 acres will be protected as open space and provide public access to the river. In all, the project includes 176 lots with water provided by three wells.
“I understand the nervousness about water rights in the area,” said Andy Schultz, city engineer for utilities. “But the reality is, the pumping will actually occur at our well fields, which are several miles south of any of the adjoining properties.”
Schultz added that the transfer of water rights to the city will create a fourth well to supply additional water during peak summer demand.
