HomeMy WebLinkAbout9.0.2 Water Issue Letter May 12, 2008Garfield County
May 12, 2008
Doug Dotson
PO BOX 1858
Carbondale, CO 81623
RE: Preliminary Plan — Hunt Ranch Subdivision
Dear Doug,
BUILDING & PLANNING DEPARTMENT
After issues raised at the Planning Commission hearing concerning the adequacy of the project's water
supply, Staff reviewed the Water Decree (Decree) included in the application. It is indicated that the
Decree is subject to reconsideration of injury to vested rights of other decreed water rights for a period of
five (5) years after the following:
1. The augmentation plan is operational; and
2. Hunt Ranch Subdivision is at least at seventy-five percent (75%) of build out.
If a verified petition for reconsideration of adequate protection is filed, the Court will reconsider its
original decision. The Decree does not identify what relief may be available to Hunt Ranch LLC, in the
event that the Court finds injury has occurred. Please provide a copy of Court Decree Exhibit B, the
Settlement Agreement with other water users in the area.
A "no material injury" determination from the Division of Water Resources finds "that the proposed
water supply can be provided without causing material injury to decreed water rights, and is adequate, so
long as the plan for augmentation is operated according to its decreed terms and conditions." Staff
cannot support approval of the Hunt Ranch Preliminary Plan application as submitted as the possibility of
material injury may be reconsidered if a petition is filed. Should the Court reverse its original decision, a
development approved based on the Court's original decision may be jeopardized. At this time, Staff will
recommend that the Board of County Commissioners deny the application as submitted finding that the
proposed water supply is not adequate in terms of dependability.
Best regards,
Craig Richardson
Senior Planner
970.945.8212
108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470