HomeMy WebLinkAbout20232224.tiffMEMORANDUM
TO: Diana Aungst, Planning Services
FROM: Melissa J King, PE, DRE
DATE: April 10, 2023
SUBJECT: COZ23-0002 Seltzer
The proposal has been reviewed on behalf of the Weld County Department of Public Works and Department
of Planning Services. Staff comments made during this phase of the application process may not be all-
inclusive, as other issues may arise during the remaining application process.
COMMENTS:
Parcel: 146934300005 Lot A RECX13-0054.
The project proposes to: Change of Zone from the A (Agricultural) to the C-3 (Business Commercial) Zone
District.
ACCESS:
Weld County Development Review has reviewed the application materials related to access.
The parcel has a permitted commercial access point onto CR 19 — AP12-00370. However, the actual access
was not constructed at the permitted access point. The applicant shall apply for a new access permit for the
actual access point onto CR. 19.
Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. Please
refer to Chapter 8 of the Weld County Code for more information regarding access.
ROADS AND RIGHT-OF-WAY:
County Road 19 is a paved road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as an arterial road, which requires 140 feet of right-of-way. The applicant shall delineate
on the plat the future and existing right-of-way and the physical location of the road. If the right-of-way
cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code Sec.
23-1- 90, the required setback is measured from the future right-of-way line. Be aware that physical
roadways may not be centered in the right-of-way. This road is maintained by Weld County.
CR 19 meets the criteria specified in Section 23-2-30.A.4 and Section 23-2-40.B.4. for change of zone in
that it is a paved road.
Per Chapter 8, Article 13, Section 8-13-30, a Weld County Right -of -Way Use Permit is required for any
project that will be occupying, constructing or excavating facilities within, and or encroaching upon, any
County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at
https://www.weldgov.com/Government/Departments/Public-Works/Permits
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
CONDITIONS OF APPROVAL:
The plat shall be amended to delineate the following:
1 County Road 19 is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as an arterial road, which requires 1400 feet of
right- of -way at full buildout. The applicant shall delineate and label on the plat the future
and existing right-of-way (along with the documents creating the existing right-of-way) and
the physical location of the road. If the existing right-of-way cannot be verified it shall be
dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant
to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is
measured from the future right-of-way line. This road is maintained by Weld County.
(Development Review)
2. Show and label the existing access point onto CR 19 and the usage type (Commercial).
(Development Review)
DEVELOPMENT STANDARDS (NOTES ON THE PLAT)
1. The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
2. Access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Development Review)
3. Weld County will not replace overlapping easements located within existing right-of-way or pay to
relocate existing utilities within the existing County right-of-way. (Development Review)
4. Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review)
5. The historical flow patterns and runoff amounts will be maintained on the site. (Development
Review)
Weld County
Department of Public Health and Environment
Memorandum
To: Diana Aungst
From: Lauren Light, Environmental Health Services
Date: April 13, 2023
Re: COZ23-0002 Applicant: Robert L Seltzer Family Trust
Environmental Health Services has reviewed this proposal for a Change of Zone from the A
(Agricultural) Zone District to the C-3 (Business Commercial) Zone District.
Todd Creek Village Metropolitan District provides water, a bill was included with the submittal. An on -
site wastewater treatment system will serve the site as appropriate.
We recommend the following appear as notes on the Change of Zone plat:
1. Water service may be obtained from Todd Creek Village Metropolitan District.
2. The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal
may be by an on -site wastewater treatment system (OWTS) designed in accordance with the
regulations of the Colorado Department of Public Health and Environment, Water Quality
Control Division, and the Weld County Code in effect at the time of construction, repair,
replacement, or modification of the system.
3. Activity or use on the surface of the ground over any part of the OWTS must be restricted to
that which shall allow the system to function as designed and which shall not contribute to
compaction of the soil or to structural loading detrimental to the structural integrity or capability
of the component to function as designed.
1555 N. 17th Avenue
Greeley, CO 80631
Phone: (970) 304-6410
weldhealth.org
Public Health
Weld County
Oil & Gas Energy Department
Referral Comments
Referring Agency: Weld County Department of Planning Services
Reference Number: COZ23-0002
Associated Parcel: 146934300005-R6785426
OGED Reviewer: Jennifer Teeters
Review Date: June 6, 2023
The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to
comment on the captioned planning case. Staff has completed review of the proposal and have no
conflicts with the proposed activity. We have included additional comments below:
1. There are no active or proposed 1041 WOGLA Permits on the associated parcel. There are
several oil and gas well sites in the area surrounding the parcel.
2. The parcel includes one (1) active oil and gas wells, listed in Table 1 below. OGED requests
that the Applicant coordinate operations in proximity to existing wells and production
facilities with the operator(s) of these wells.
API
Operator
Well Title
Well Status
05-123-07546
Crestone Peak Resources Operating LLC
Seltzer #1
PR
3. The parcel does not include any plugged and abandoned (PA) wells.
4. The COZ lands may include additional oil and gas related infrastructure, such as off -location
flowlines or pipeline which are a use by right and not regulated by Weld County. OGED
requests that the applicant reviews flowline data available from the COGCC map viewer and
utilize Colorado 811 prior to any excavation activities.
These comments and recommendations are based upon the review of the application materials
submitted by the applicant and other relevant information available on the E -Permit site.
Diana Aungst
From:
Sent:
To:
Cc:
Subject:
Attachments:
Matz - DNR, Michael <michael.matz@state.co.us>
Tuesday, April 25, 2023 3:50 PM
Diana Aungst
Comaniciu - DNR, loana; Dickinson - DNR, Wenli
Case No. COZ23-0002 Change of Zone Application
2005_03-16_CountyMemoSubdivisions.pdf
ivisions.pdf
Caution° This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Good Morning Ms. Aungst,
We have received the proposal for a change of zone under Case No. COZ23-0002.
The Applicant is requesting a change of zone from A (Agricultural) Zone District to C-3 (Business Commercial) Zone
District for use as a storage site for recreational vehicles.
This referral for the Robert L. Seltzer Family Trust, Case No. COZ23-0002, on 35.34 acres in Sec. 34, T1N, R67W, 6th P.M.,
does not appear to qualify as a "subdivision" as defined in section 30-28-101(10)(a), C.R.S. Therefore, pursuant to the
State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office only
performed a cursory review of the referral information. Upon review, it appears that the proposed water supply source
for the property is service provided by the Todd Creek Metropolitan District. There are no permitted wells on the subject
property. Therefore, our office has no comments on this referral.
Thank you for the opportunity to review Case No. COZ23-0002.
Please let us know if you have any questions or concerns.
Best Regards,
Mike Matz
Water Resource Engineer
COLORADO
Division of Water Resources
Department of N..`z, ra l 17;:!93OtATCreS
P 303.866.3581 x 8241
1313 Sherman Street, Room 818, Denver, CO 80203
michaet.matz@state.co.us I www.cotorado.gov/water
1
March 16, 2005
MEMORANDUM
TO: ALL COUNTY LAND USE PLANNING DIRECTORS
FROM: DICK WOLFE, ASSISTANT STATE ENGINEER
SUBJECT: UPDATED MEMORANDUM REGARDING SUBDIVISIONS
Attached is a memorandum from Hal Simpson, State Engineer, that provides
important information regarding actions that will be taken by the State Engineer's Office
("SEO") when reviewing subdivision water supply plans. This memorandum replaces
the one that was previously sent to County Planning Directors, dated August 7, 1995.
I ask you and your staff to read this memorandum and become familiar with the
actions that will be taken by the SEO. The information in this memorandum is a valuable
guide that will save time for your staff, SEO staff, and especially the developers that we
all serve. For ease of reading, the memorandum is organized as follows:
• Memorandum from Hal Simpson regarding subdivision review performed by
the SEO (2 pages)
• Attachment A — Information requirements of the SEO for the four different
"types" of water sources (5 pages)
• Attachment B — Guidelines for the county to evaluate a water supply for a
land use action that does not involve a subdivision (3 pages)
• Attachment C — WATER SUPPLY INFORMATION SUMMARY FORM
(1 page)
• Attachment D — State map showing the Denver Basin and the Designated
Ground Water Basins
We recommend that a copy of the memorandum and the Attachments A, C and
D be provided to all parties that plan to subdivide property in your county. This letter will
be placed on our website. If you have further questions, please call the SEO in Denver
and ask to talk to me or the Team Leader for your water division.
March 4, 2005
MEMORANDUM
TO: ALL COUNTY LAND USE PLANNING DIRECTORS
FROM: HAL SIMPSON, STATE ENGINEER
SUBJECT: STATE ENGINEER'S ACTIONS ON PROPOSED WATER SUPPLIES
FOR LAND USE ACTIONS
On August 7, 1995, I sent a memorandum to the Land Use Planning Directors for each
county in the state. The memorandum addressed the State Engineer's responsibilities in
providing "an opinion regarding material injury likely to occur to decreed water rights by
virtue of diversion of water necessary or proposed to be used to supply the proposed
subdivision and adequacy of proposed water supply to meet requirements of the
proposed subdivision" as required under Section 30-28-130(h)(I) C.R.S. The primary
objective of that memo was to inform the Land Use Planning Directors and their staff
("County") that effective August 31, 1995, the State Engineer's Office ("SEO") would no
longer respond to comments regarding county land use actions that do not involve the
subdivision of land as defined in Section 30-28-101(10)(a) C.R.S. ("Subdivision"). The
reason I adopted that approach in 1995 was to ensure that my staff would be able to
satisfy the statutory requirement of responding to those land use actions that do meet
the definition of a Subdivision.
In addition to explaining that approach, the memorandum provided a Water Supply
Information Summary form and Guidelines for the County's use in determining exempt
well permit availability in situations that did not involve a Subdivision.
I find it is appropriate to update the information provided in that memorandum. This
memorandum supercedes the memorandum dated August 7, 1995. County land use
planning directors and their staff should read this memorandum and become familiar
with the content. A copy of this memorandum should be provided to all developers
that are submitting a water supply plan to the county. This memorandum
provides valuable information that will guide the developer when creating a water
supply plan for a subdivision and reviewing this memorandum will save the
developer valuable time and resources in many cases.
SUBDIVISION WATER SUPPLY PLAN REVIEW
The SEO will continue to provide timely review and an opinion regarding material injury
and adequacy for water supply plans for Subdivisions as those water supply plans are
submitted to the SEO by referral from the County. The opinion will be completed within
the statutory 21 -day requirement. The SEO'S Water Supply Plan Review Requirements
For Subdivisions are found in Attachment A on Page 3.
All County Land Use Planning Directors Page 2
State Engineer's Actions On Proposed Water Supplies For Land Use Actions
The SEO will not respond to water supply plans that are submitted by parties other than
the County. This includes amended water supply plans that address concerns raised by
the SEO in a previous response. Those amended plans must also be submitted through
the County.
The SEO has no statutory responsibility to review land use actions that do not involve
the subdivision of land as defined in Section 30-28-101(10)(a). These actions include,
but are not limited to lot line adjustments, zone change requests, special use of land,
division by exemption, and cluster developments. To assist the County in evaluating the
water supply for these `non -Subdivision' land use actions, this memorandum includes
water supply evaluation guidelines in Attachment B, Page 8. If the County finds it is
appropriate to submit a written request concerning a specific `non -Subdivision' land use
action, the SEO will perform a cursory review and provide only informal comments
regarding the proposed water supply. Those comments will identify any concerns or
issues that the SEO identifies through cursory review that may present themselves at
such time that the developer of the subject land implements the water supply. The
comments will not state an opinion on the adequacy of the water supply or the ability of
the water supply plan to satisfy any County regulations or requirements. The comments
cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of
a well permit, or physical availability of water. If the SEO does not identify concerns or
issues related to the proposed water supply, the SEO will respond with no comment
regarding the water supply. The response will also state that the SEO does not
necessarily take the position that the water supply plan is valid.
Therefore, each referral submitted to the SEO must clearly identify whether the
proposed action is a Subdivision or does not qualify as a Subdivision according to the
definition in C.R.S. 30-28-101(10)(a).
WATER SUPPLY PLAN INFORMATION FOR SUBDIVISIONS
The water supply plan must be included in all Subdivision referrals from the County.
That plan must identify the Subdivision's estimated water supply requirements and
demonstrate the adequacy of the proposed water supply. The WATER SUPPLY
INFORMATION SUMMARY form that is included with this memo as Attachment C on
Page 11 may be used as a guide and in many cases will be sufficient. However, for
many subdivisions the water supply plan must include a water supply report. The Water
Supply Information Summary or the report should identify, at a minimum: the number of
lots; the type of use and the demand, by lot; and the total water requirement. The SEO
will review the Water Supply Information Summary or water supply report to ensure the
water use values are reasonable for the described uses and are consistent with SEO
accepted demand/consumptive use values unless specific information is supplied to
support different use values or the values are indicated in a court approved
augmentation plan or, for a subdivision located in a Designated Basin, a Ground Water
Commission approved replacement plan. The SEO may consider, but is not obligated to
follow County Land Development Codes or Rules.
The maps in Attachment D on Page 12 show the boundaries of the Designated Basins
and the approximate locations of the Denver Basin bedrock aquifers.
All County Land Use Planning Directors Page 3
State Engineer's Actions On Proposed Water Supplies For Land Use Actions
ATTACHMENT A
The SEO will apply specific review criteria to water supply plans that rely on sources of
water as listed below:
SEO'S WATER SUPPLY PLAN REVIEW REQUIREMENTS FOR SUBDIVISIONS
1. Source is a Municipality or Quasi -Municipality
If the water supply is to be provided by a municipality or quasi -municipality (i.e. a
Water District, a Water and Sanitation District, etc.), the SECS will review the
submittal to ensure that it includes:
a. A letter of commitment from the municipality or quasi -municipality
referencing the subdivision name (as submitted to the county) and a level
of commitment in terms of uses to be served.
b. As required by C.R.S. 30-28-136(1 )(h)(II), a report from the municipality
or quasi -municipality documenting the amount of water that can be
supplied to the subdivision, containing the following:
i. A summary of the water rights owned and controlled by the municipality.
ii. The anticipated yield of these rights in both an average and dry year.
iii. The present demand on the municipality, and the anticipated demand
due to commitments for service entered into by the municipality that are
not yet supplied.
iv. The amount of uncommitted firm supply the municipality has available
for future commitment and development.
v. A map of the municipality's service area.
The above information should be provided in a manner that demonstrates
that the municipality has sufficient water resources to meet its
commitments in terms of an overall annual water supply and daily
availability. Note that, for many of these providers, the SED maintains
files that document the firm water supplies and the amount of water that
has been committed to subdivisions. If that information is on file, this
statement may not be necessary.
The SEQ may request updated information from the municipality or quasi -
municipality if it appears the information has not been updated within
three calendar years, or when the commitments reach a total that is close
to the firm yield (approximately 90 percent)
c. Proposed uses that correspond to the uses of the municipality or quasi -
municipality's water rights.
d. For a Subdivision located in a Designated Basin, proposed place of use
(the Subdivision) that corresponds with the place of use listed on Permit
or Determination of Water Right.
2. Source is Wells Withdrawing Tributary Ground Water or any Designated
Ground Water from a Non -Denver Basin Aquifer
All County Land Use Planning Directors Page 4
State Engineer's Actions On Proposed Water Supplies For Land Use Actions
If the water supply is to be provided by wells withdrawing tributary ground water
or designated ground water from any non -Denver Basin aquifer:
a. The SEO will review the submittal to ensure that all uses are consistent with
the uses in a court -decreed augmentation plan or, if in a designated basin,
the uses in a commission approved replacement plan.
(Note: For areas outside of the Designated Basins, a source of water that is
approved through a substitute water supply plan is not an acceptable water
supply for inside domestic uses; a court decreed augmentation plan is
required. However, if the water supply plan includes lawn and garden
irrigation from a source that is not yet subject of a court -decreed
augmentation plan, the SEO will evaluate that component of the water supply
plan for adequacy and potential injury independently, however, the source of
water to be used for lawn and garden irrigation may be subject to curtailment
until the developer acquires a court -approved augmentation plan for that
source. The SEO will not comment unfavorably on the entire plan due to
failure of that one aspect.)
b. If in a Designated Basin, the SEO will review the submittal to ensure that the
proposed place of use (the subdivision) corresponds with the place of use
listed on the well permit.
c. State statute requires that the SEO provide an opinion regarding the water
supply's adequacy to meet the requirements of a proposed subdivision
[C.R.S. 30-28-136(h)(I)]. Therefore, the SEO will review the submittal to
ensure that there is evidence that a water supply is physically adequate. This
evidence should be in the form of a hydrologist's or geologist's report that
may include information from a test well or wells.
3. Source is Individual, On -lot, Exempt/Small Capacity Wells Withdrawing
Denver Basin Ground Water Considered to be Nontributary**, or Other
Ground Water Determined to be Nontributary. The Water that has not been
adjudicated or is not Subject of a Determination of Water Right
If the water supply is to be provided by individual on -lot wells from a Denver
Basin aquifer and is considered nontributary**, or a formation that is determined
to be nontributary by statutory definition [C.R.S. 37-90-103(10.5)], and the
ground water has not been adjudicated or is subject of a Determination of Water
Right, the SEC) will review the water supply plan to ensure that:
(** note: for a subdivision located in a Designated Basin, the subdivision may
also use a source that is not-nontributary with a 4 percent replacement
requirement, without the need for a replacement plan)
a. The developer has identified a specific source (for example, Dawson, Denver,
Arapahoe, Laramie -Fox Hills),
b. The developer has properly quantified the amount of water using aquifer
characteristics that are consistent with the Denver Basin Rules or site -specific
information that has been validated by the SEC) geotechnical staff.
All County Land Use Planning Directors Page 5
State Engineer's Actions On Proposed Water Supplies For Land Use Actions
c. The subdivision's proposed water supply has not been previously allocated
through existing decrees, well permits, pre -Senate Bill 213 type wells,
Determinations of Water Rights, or other claims to the water.
d. The amount of water available annually, on the basis of an aquifer life of 100
years, is greater than or equal to the amount of water required.
(Note: The amount of water available annually should be quantified as
described in Rule 8 of the Statewide Nontributary Ground Water Rules. The
water supply plan must ensure that the smallest parcel in the
subdivision has adequate land area such that the calculation of the
water available underlying that land area is sufficient to satisfy its
needs. Small parcels may not `borrow' land area from larger parcels to
increase the amount of water available to the small parcel since the well
permit will ultimately be issued pursuant to C.R.S. 37-92-602(3)(b)(I) or 37-
90-105(3)(c), which requires a land area evaluation. If the developer cannot
provide a water supply to the smaller parcels because of this, the developer
may pursue a water court decree or Determination of Water Right that will
"separate" the water from the land and allow it to be deeded to individual
landowners in the amounts necessary to provide a water supply.
Additionally, to satisfy a county's "300 -year water supply approach", the
developer may state that each lot will use one aquifer for a portion of the 300 -
year period (the first 100 years), then, a deeper aquifer for subsequent
portions of the 300 -year period (the remaining 200 years). This approach is
acceptable, however, it is entirely the developer's responsibility to identify, by
lot number, the aquifer that will be used for each lot and for which period of
time. In no case will the SEO approve a plan where the engineer makes that
determination in the response to the County or where that determination is
left to the well permit applicant or permit evaluator in the future. In this
situation, the SEO response will state that the lot owners should be notified
through plat notes or other means of the specific restrictions.)
e. The amount of water available considers any 300 -year water supply
approach or similar approach that is currently used by the referring county.
f. The proposal meets all applicable Ground Water Management District rules,
if located within a Designated Basin.
4. Source is from a Denver Basin Aquifer that has been Decreed or, for the
Designated Basins, is Subject of a Determination of Water Right
If the ground water is from a Denver Basin aquifer and is considered to be
nontributary or not-nontributary and has been adjudicated by Water Court or has
a Determination of Water Right/Permit issued by the Ground Water Commission,
the SEO will review the water right to ensure that:
a. The developer has identified a specific source (for example, Dawson, Denver,
Arapahoe, or Laramie -Fox Hills aquifer),
b. The amount of water available annually, according to the court -approved
decree or Commission -approved Determination of Water Right/Permit, is
All County Land Use Planning Directors Page 6
State Engineer's Actions On Proposed Water Supplies For Land Use Actions
greater than or equal to the amount of water required for the entire
subdivision.
(Note: The adjudication/quantification of nontributary or not nontributary
ground water "separates" the ownership of the water from the land.
Therefore, individual lot owners that apply for well permits will require a
`special warranty deed' or other document by which ownership of an amount
of water is transferred to the lot owner from the original landowner. Such a
deed will not be necessary if a Homeowner's Association ("HOA") will be
created to take ownership of the water rights and the HOA will have the
necessary mechanism to convey the water rights to members of the HOA.
The water supply plan must identify whether water will be deeded to
individual lot owners or owned by a HOA. In comments to the County, the
SEO will add a note that indicates whether there will be a "HOA" that will take
ownership of the water rights and to which each homeowner must belong. If
so, well permit applicants will not require a "special warranty deed" granting
them the rights to use the amount of water identified in the water supply plan.
If water will be deeded to individual lot owners, well permit applicants will be
required to provide to this office a copy of the `special warranty deed' or other
document conveying the water right to the lot owner.)
c. The proposed uses correspond to the uses of the vested water rights to be
used
d. If in a Designated Basin, the proposed place of use (the Subdivision)
corresponds with the place of use listed on the well permit or Determination
of Water Right.
e. The water supply plan is consistent with the specific terms and conditions of a
court -approved augmentation plan or Ground Water Commission -approved
replacement plan, if one was developed.
f. The amount of water available considers any 300 -year water supply
approach or similar approach that is currently used by the referring county.
(Note: To satisfy a county's "300 -year water supply approach", the developer
may state that each lot will use one aquifer for a portion of the 300 -year
period (the first 100 years), then, a deeper aquifer for subsequent portions of
the 300 -year period (the remaining 200 years). Or, a developer may state
that a predetermined number of lots will use a shallower aquifer while other
lots will use a deeper aquifer. These approaches are acceptable, however, it
is entirely the developer's responsibility to identify, by lot number, the aquifer
that will be used for each lot and for which period of time. In no case will the
SEC) approve a plan where the engineer makes that determination in the
response to the County or where that determination is left to the well permit
applicant or permit evaluator in the future. In these situations, the SEO
response will state that the lot owners should be notified through plat notes or
other means of the specific restrictions.)
Additionally, the following comments apply to the four SOURCE OF WATER
SUPPLY categories listed above.
All County Land Use Planning Directors Page 7
State Engineer's Actions On Proposed Water Supplies For Land Use Actions
1. If the water supply plan relies on an adjudicated water right, and the decree for
that water right is not yet final, the SEO will not include consideration of the water
that is subject of that water right. Similarly, if the water supply plan relies on
water rights, changes to water rights, or replacement plans that are pending
review by the Ground Water Commission but have not been approved, the SEO
will not include consideration of the water that is subject of that water right.
2. The SEO's determination that a water supply is "adequate" requires evidence
that volume and flow rate required is physically and legally available, but does
not necessarily include infrastructure beyond the wellhead, storage vessel,
diversion or release point. For example, the SEO does not comment on the
design of the piping and pump stations needed to deliver water throughout the
system at required pressures.
3. The adequacy of a water supply plan in the Denver Basin aquifers is evaluated
using estimates of legally available water based on information available at the
SEO and may not necessarily reflect the physical availability of water. Water in
the Denver Basin aquifers is allocated based on a 100 -year aquifer life under the
provisions of C.R.S. 37-90-137(4)(b)(I). For planning purposes the county should
be aware that the economic life of a water supply based on wells in a given
Denver Basin aquifer may be less than the 100 years indicated due to anticipated
water level declines. Furthermore, the water supply plan should not rely solely
upon non-renewable aquifers. Alternative renewable water resources should be
acquired and incorporated in a permanent water supply plan that provides future
generations with a water supply.
All County Land Use Planning Directors Page 8
State Engineer's Actions On Proposed Water Supplies For Land Use Actions
ATTACHMENT B
WATER SUPPLY EVALUATION GUIDELINES FOR LAND USE ACTIONS THAT DO
NOT INVOLVE A SUBDIVISION
The SEO will not provide a comprehensive opinion for land use actions that do not
involve a Subdivision. In these cases the developer must rely on an engineering
consultant or use the guidelines included below. In any case, the decision to issue a
well permit will not be evaluated until a well permit application has been submitted to the
SEO. In situations where the land use action will be creating a parcel of land (for
example, recorded exemption), the SEO cannot accept well permit applications until the
land use action is final.
These guidelines may be used by your staff or the developer to make a preliminary
determination of the availability of a well permit for parcels addressed in land use actions
that do not involve a subdivision of land and which rely on a well as a water supply. The
SEO will evaluate well permits according to the criteria described below using rules and
statutes in place at the time of application. Well permits of the types described below
can often be approved under the 2004 statutes when the land involved meets the
respective parcel definition and the proposed well will meet the water use and return flow
conditions stated below. Note the SEO's evaluation process may find that there is a well
on the subject parcel or on a neighboring parcel that may `encumber' the land on the
parcel and prevent the SEO from issuing a well permit.
Below are the possible categories of land use actions that do not involve a subdivision
and the types of well permit for which the SEO may evaluate an application:
1. a) 'Pre June 1, 1972' Parcels; b) Parcels created after June 1, 1972 to which the
statutory definition of a subdivision does not apply; or c) Parcels that the
County has "Exempted" from the subdivision process
Description
a. A parcel that was created prior to June 1, 1972 (the date on which SB72-35 was
enacted). A well permit applicant will need to submit proof that the parcel existed
prior to June 1, 1972. This may be in the form a plat or deed of transfer dated
before June 1, 1972. The documentation must include a legal description of the
parcel. Or,
b. A parcel that was created after June 1, 1972 and satisfies the criteria in C.R.S.
30-28-101(10)(c). Or,
c. A parcel that was created after June 1, 1972 and has been exempted from the
"subdivision process" by the County as described in C.R.S. 30-28-101(10)(d). A
well permit applicant will need to submit proof that the parcel has been exempted
from the "subdivision process" in the form a county resolution or plat with the
proper documentation.
Well Permit Evaluation for Areas Outside a Designated Basin
a. The SEO will evaluate this type of parcel for a Household Use Only well permit.
b. If the applicant requests, the SEO will evaluate this type of parcel for a
`Commercial Exempt' well permit (Drinking and Sanitary uses only in a single
business, not to exceed 0.33 acre-feet annually and not to be used for any
outside purposes.)
All County Land Use Planning Directors Page 9
State Engineer's Actions On Proposed Water Supplies For Land Use Actions
c. If the parcel overlies a nontributary Denver Basin aquifer or a not nontributary
Denver Basin aquifer with a "four -percent replacement" requirement, the
landowner has the potential to get a well permit for additional dwellings and
outside domestic uses.
d. If the parcel overlies a nontributary Denver Basin aquifer, the landowner has the
potential to get a well permit for commercial uses beyond Drinking and Sanitary
uses and 0.33 acre-feet annually.
Well Permit Evaluation for Areas Inside a Designated Basin
a. The SEO will evaluate this type of parcel for a residential well permit for no more
than three single-family dwellings, including the normal operations associated
with such dwellings including the irrigation of not more than one acre of land;
subject to all applicable Ground Water Management District Rules if the parcel is
located within such a district.
b. If the applicant requests, the parcel may be evaluated for small -capacity
commercial use subject to all applicable Ground Water Management District
rules.
2. "35 -acre" Parcels
Description
A parcel that is 35 acres or larger and not composed of multiple subdivided
parcels. A well permit applicant must submit a legal description of the parcel.
Well Permit Evaluation for Areas Outside a Designated Basin
a. For most areas of the state, the SEO will evaluate this type of parcel for
household use and outside uses. Unless the applicant specifically requests
livestock uses only, the SEO will evaluate the well permit for use in up to three
single-family dwellings, one acre of home lawn and garden irrigation, domestic
animal watering and livestock watering.
b. If the applicant requests, the SEC) will evaluate this type of parcel for a
`Commercial Exempt' well permit (Drinking and Sanitary uses only in a Single
business, not to exceed 0.33 acre-feet annually)
c. If the parcel overlies a nontributary Denver Basin aquifer or another aquifer
determined to bee nontributary, the landowner has the potential to get a well
permit for commercial uses beyond Drinking and Sanitary uses and 0.33 acre-
feet annually.
Well Permit Evaluation for Areas Inside a Designated Basin
a. The SEO will evaluate this type of parcel for a residential well permit for no more
than three single-family dwellings, including the normal operations associated
with such dwellings including the irrigation of not more than one acre of land;
subject to all applicable Ground Water Management District Rules if the parcel is
located within such a district.
All County Land Use Planning Directors Page 10
State Engineer's Actions On Proposed Water Supplies For Land Use Actions
b. If the applicant requests, the parcel may be evaluated for small -capacity
commercial use subject to all applicable Ground Water Management District
rules.
3. `Cluster Development' Parcels
Description:
A parcel that satisfies the statutory provisions of C.R.S. 30-28-401, 30-28-402,
38-28-403, and 30-28-404, as amended in 2001. The County may approve
cluster developments in accordance with a rural land use planning process
enacted and adopted by the County. At least two-thirds of the total tract area
must be reserved for preservation of open space. The number of residential lots
may not exceed one lot for each seventeen and one-half acres of total tract area.
No later than ten days after County approval of a cluster development, the
County shall notify the SEO of such approval and shall provide a copy of the
approved rural land use plan that includes the cluster development. For
administrative purposes, the plan must include a copy of a survey plat that
describes the entire land area associated with the plan, identifies the set aside
open space area, and describes the residential lots within the land area..
Well Permit Evaluation for Areas Outside a Designated Basin
The SEO will evaluate this type of parcel for household use and outside uses.
The uses of the well will be limited by a permitted maximum annual amount. One
well permit may be obtained for each residential lot. The total amount of water
available to all lots in the cluster development is equal to one acre-foot for each
full 35 -acre -parcel, with no consideration for any additional fraction of a 35 -acre
parcel. The total amount available will be divided equally between each of the
lots
For example, a Cluster Development with seven lots on 150 acres has four full
35 -acre parcels. Therefore four acre-feet of water is available to the lots in the
development. Split evenly among the seven lots, the four acre-feet allows for
0.57 acre-feet annually per lot.
Parcels that are approved as a part of a cluster development are not eligible for
consideration for uses greater than those described above. For example, a 35 -
acre lot that is part of a cluster development, will not be eligible for use beyond
those allowed by the parcel's allotment of the one acre-foot per full 35 -acre
parcel.
Well Permit Evaluation for Areas Inside a Designated Basin
The SEO will evaluate applications for a residential well permit for no more than
one single-family dwelling, including the normal operations associated with such
dwelling including the irrigation of not more than one acre of land; subject to all
applicable Ground Water Management District Rules if the parcel is located
within such a district.
All County Land Use Planning Directors
State Engineer's Actions On Proposed Water Supplies For Land Use Actions
Attachment C
Page 11
FORM NO.
GWS-76
02/2005
WATER SUPPLY INFORMATION
SUMMARY
STATE OF COLORADO, OFFICE OF THE STATE ENGINEER
1313
Sherman St., Room 818,
Denver, CO 80203
Phone
— Info (303) 866-3587 Main (303) 866-3581 Fax (303) 866-3589
http://www.water.state.co.us
Section 30-28-133,(d),
C.R.S. requires
that
the
applicant
submit to the
County, "Adequate
evidence
that
a water supply
that
is sufficient in
terms of quantity,
quality,
and dependability
will
be available to ensure an adequate
supply
of water."
1.
NAME
OF DEVELOPMENT
AS PROPOSED:
2. LAND
USE ACTION:
3. NAME OF EXISTING PARCEL AS RECORDED:
SUBDIVISION: FILING (UNIT) BLOCK LOT
, , ,
4.
TOTAL ACREAGE:
5. NUMBER OF LOTS PROPOSED PLAT MAP ENCLOSED?
❑
YES or
❑
NO
6. PARCEL HISTORY — Please
attach copies of deeds,
plats,
or other
evidence
or documentation.
A. Was parcel
recorded
with
county prior to June 1, 1972?
❑
YES or
❑
NO
B. Has the
parcel
ever
been part of a division
of land
action since June 1, 1972?
❑
YES or
❑
NO
If yes, describe
the
previous action:
7. LOCATION
OF PARCEL — Include
a map delineating
the project area and tie
to a section corner.
1/4 of the
1/4,
Section Township
❑
N
or
❑
S, Range
❑
E or
❑
W
,
Principal
Meridian:
❑Sixth
New Mexico
❑Ute
❑Costilla
Optional
GPS Location: GPS Unit must use the following
settings: Format
must
be UTM, Units must be Easting:
meters, Datum must
be NAD83,
Unit must
be set to true N,
❑
Zone 12
or
❑
Zone 13
Northing:
8. PLAT — Location of all wells on property
must be plotted
and
permit numbers
provided.
Surveyor's Plat:
❑
YES or
❑
NO
If not, scaled
hand drawn
sketch:
❑
YES or
❑
NO
10. WATER SUPPLY SOURCE
9. ESTIMATED WATER REQUIREMENTS
❑NEW
WELLS -
USE
WATER REQUIREMENTS
❑
EXISTING
❑
DEVELOPED
HOUSEHOLD USE #
Gallons per Day Acre -Feet per Year
WELL
WELL SPRING
PERMIT NUMBERS
PROPOSED
❑
❑
AQUIFERS - (CHECK
ALLUVIAL
UPPER DAWSON
❑
❑
ONE)
UPPER ARAPAHOE
LOWER ARAPAHOE
of units
COMMERCIAL USE # of S. F
IRRIGATION # of acres
❑
LOWER DAWSON
❑
LARAMIE FOX HILLS
❑
DENVER
❑
DAKOTA
❑
OTHER:
STOCK WATERING
# of head
❑
MUNICPAL
❑
ASSOCIATION
WATER COURT DECREE CASE
OTHER:
❑
COMPANY
NUMBERS:
TOTAL
❑
DISTRICT
NAME
LETTER
OF COMMITMENT FOR
SERVICE
❑
YES or
❑
NO
11. WAS AN
ENGINEER'S
WATER SUPPLY REPORTDEVELOPED?
❑
YES
or
❑
NO
IF YES, PLEASE FORWARD WITH THIS FORM.
(This may be required before our review is completed.)
12.
TYPE OF SEWAGE DISPOSAL SYSTEM
_ _ _ _ _ _
❑
SEPTIC TANK/LEACH
FIELD
❑
CENTRAL
SYSTEM
DISTRICT NAME:
❑
LAGOON
❑
VAULT
LOCATION
SEWAGE HAULED TO:
❑
ENGINEERED
SYSTEM (Attach a copy of engineering design.)
❑
OTHER:
All County Land Use Planning Directors Page 12
State Engineer's Actions On Proposed Water Supplies For Land Use Actions
ATTACHMENT D
COLORADO STATE MAP SHOWING
THE DENVER BASIN AND THE DESIGNATED BASINS
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