Wednesday, February 01, 2023
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Legals for November, 29 2022

| November 29, 2022 12:00 AM

Notice of Public Meeting City of Libby Growth Policy Updates  Libby City Council  Monday, December 5, 2022 at 6:00 PM  City Council Chambers – City Hall NOTICE IS HEREBY GIVEN that the City of Libby City Council will hold a public meeting on Monday, December 5, 2022 at 6:00 p.m. in the City Council Chambers at City Hall at 952 East Spruce Street in Libby. The purpose of the public meeting is to receive public comments on proposed City of Libby Growth Policy updates prior to the City Council passing a resolution of intention to adopt the draft document. The Libby City Planning Board has made a recommendation to the City Council to adopt the Growth Policy updates subject to revisions as outlined in the Libby City Planning Board Resolution.  Persons or their agents may appear in person to comment orally at the meeting or written comments may be submitted to City Hall, mailed to the City of Libby, attn: Libby City Council, PO Box 1428, Libby, MT 59923, or emailed to: mayor@cityoflibby.com. Comments may also be submitted via the project website www.imaginelibbymt.com/provide-input.  The draft City of Libby 2022 Growth Policy update document is available for review at City Hall, by contacting the City of Libby, by emailing: clerk.treasurer@cityoflibby.com, via the City’s website www.cityoflibby.com and the project website www.imaginelibbymt.com. Copies of the document will also be available at the meeting.   The City of Libby makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate in this public meeting.  Persons needing accommodations must notify the City Administrator Samuel Sikes at 406-293-2731 no later than December 2, 2022 to allow adequate time to make needed arrangements.  Or submit your request to Samuel Sikes at PO Box 1428, Libby MT 59923 or city.admin@cityoflibby.com.  Published In The Western News November 25 & 29, 2022. MNAXLP

Public Notice Envirocon/Dick Anderson Construction Joint Venture, 5512 Montana Highway 37, intends to temporarily lease and change water rights from the Kootenai River, Rainy Creek, and/or Carney Creek located near Libby, Montana pursuant to MCA § 85-2-402.  The Lessor and owner of the water rights is the Kootenai Development Co., 7500 Grace Drive, Columbia, Maryland 21044.  The Montana DNRC water right numbers for the temporarily changed water rights are 76D 303-00, 76D 304-00, 76D 305-00, 76D 310-00, and 76D 30023375.   The purpose of the lease is for road construction and dust abatement.  The source of water to be used under the temporary change is the Kootenai River, Rainy Creek, and/or Carney Creek.  The diversion of water is proposed to start on January 6, 2023, and end on April 6, 2023.   Under the temporary change:  The proposed point of diversion for water rights 76D-30023375 and 76D-304-00 is the NE¼, SW¼, NE¼ of Section 32 in Township 31 North, Range 30 West Lincoln County on the Kootenai River;   the proposed point of diversion for water rights 76D 303-00, 76D 305-00, and 76D 310-00 will be the NW¼ NE¼ SE¼ of Section 21, Township 31 North, Range 30 West Lincoln County, at the Mill Pond located at the confluence of Carney Creek and Rainy Creek;  the proposed place of use is in sections 15, 16, 21, 22, 28 and 32 all in Township 31 North, Range 30 West Lincoln County.  The maximum flow rate and volume for all water rights will not be exceeded, and the cumulative diversion and use of any rights will not exceed 120,000 gallons per day.     The industrial water used under water rights 76D 303-00, 76D 304-00, 76D 305-00, 76D 310-00 will be temporarily curtailed during the term of this lease.  The water right is not abandoned and the point of diversion and means of diversion are still functional.  The 14.2 acres of irrigation use under water right 76D-30023375 will also be temporarily curtailed during the term of this lease.   Analysis of flow records provided by the USGS at stream gauging station 12301933for the Kootenai River below Libby Dam near Libby Montana show that the minimum flow rate for the Kootenai River is 3,000 cfs (https://waterdata.usgs.gov/mt/nwis/uv?site_no=12301933).  Withdrawing 120,000 gallons of water per day is approximately 0.0062% of the daily minimum flow of the Kootenai River which can be considered de minimis.  The proposed point of diversion is not moving upstream or downstream of any other existing water user on the Kootenai River.  There are no other water rights on Rainy Creek or Carney Creek, that could be adversely effected by the lease.  Use of any water rights will continue to operate in priority, and within the historic appropriation.  Accordingly, it does not appear that the water use will cause adverse effect to any other water users.  If any water users are adversely effected, diversions will be immediately curtailed until the adverse effects subside.    Questions, comments or concerns can be communicated to the Lessor representative Hafferman Engineering Inc. at kurt@haffermanengineering.com   Published In The Western News November 29, 2022. MNAXLP