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Water changes earn first OK


Keeping the Douglas County Planning Commission in the loop of water regulation won support from the commission late Monday night.

By By: Christine McManus
Published: 02.27.02
Keeping the Douglas County Planning Commission in the loop of water regulation won support from the commission late Monday night.


Planning commission members voted 4-1 to recommend that the Douglas Board of County Commissioners approve amendments to water-supply standards. The county passed the original water regulations three years ago, and the regs needed to be updated, said Betty Allen, assistant director of the Douglas County Planning and Community Development department. The hearing was continued from Feb. 11, with nearly 100 concerned residents attending both nights.


Water in an area of western Douglas County known as Margin B will not be allowed to transfer east into the central basin. The central basin reportedly has deeper water reserves than the outer edge of the basin in county margins A and B. Margin A, the western-most zone, is on the driest lip of the bowl-shaped water basin. Wells in margins A and B have run dry in the past several years.


One of several sore spots for the planning commission at the Feb. 11 meeting was that the commission itself would have been taken out of the water appeals process. The newest amendments Monday night returned the planning commission's - and therefore the public's - involvement early on in the process before water appeals go to the BOCC for a final vote.


Planning commission member Paul Grenny cast the lone dissenting vote against the water regulation changes.


"I'm uncomfortable with this still. My question is, and I don't have the answer, do we protect the people here now at the cost of future residents?" Grenny said.


County attorney Melinda Beck said it would likely be challenged in court if existing residents were given water/property rights that future residents would not have.


In Colorado, underground water rights are separate from property rights can be sold or "moved" from existing developments to new developments. Water can also possibly be moved from county-regulated open space to existing and/or new developments.


In other parts of Colorado, "moving" water can be as simple as owning water rights miles away from the property that needs water and pumping underground supplies directly from the property that needs the water. In other areas, pipelines and expensive infrastructure must be built to actually move water.


Just as county planning director Peter Italiano was telling the commission that water might not be as plentiful in margins A and B as it is in the central basin, his throat became noticeably dry from antihistamines, he said. Planning commission chair Steve Wilson handed Italiano a cup of water. Italiano continued, saying that regulating water is not the way to control growth.


The county's open-space acquisition program could benefit from the revised regulations, Italiano said. While the open space department finds $3-$4 in matched funds for every $1 of open space sales tax money it receives, the wish list is long for more property that will remain development-free. The county will be able to buy much more open space if it can sell the water rights to water districts, developers or whomever wishes to buy water rights, Italiano said.


Jackson Creek Ranch developer Armen Suny was at the water hearing Monday night. Suny and other partners bought the undeveloped 1,400-acre Jackson Creek property from Richard Burtness and his other partners, plus 1,000 neighboring acres. Based on lack of water supply, county planners twice recommended that county commissioners deny requests to develop more than one residence per 35 acres in the rural residential area.


Suny entered discussions with Italiano and the county to submit a new Jackson Creek development application. He said he has considered the possibility of buying water rights from county open-space properties to supplement the proposed golf resort community.


"We're very interested in anything that has to do with water in Douglas County," Suny said.


No formal application, much less public hearing dates have been submitted for the Jackson Creek development application.


With the water-reg amendments, a water district such as Louviers could possibly move water to its district. That is, if the district could afford to pay for water rights.


The whole dialogue this month between the public, planning commission members and water attorneys was extremely educational, residents and commissioners said.


The Douglas Board of County Commissioners is rescheduled to review, and possibly vote on, the water regulation amendments at 1 p.m., March 13, in the BOCC hearing room at the Philip S. Miller Building, 100 Third St., Castle Rock.


Planning commission members Dale Mikelson and Jill Rapella were absent from the original public hearing and Monday night; Davis Ammons and Jack Arrowsmith were not at the continued public hearing. Tim Price, John Banks, Jananne Garl, Paul Grenny and chair Steve Wilson voted to recommend that the BOCC approve the amendments to the water regulations.



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