18th Judicial District Judge Paul King affirms his ruling regarding Sterling Ranch

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From the Denver Business Journal (Dennis Huspeni):

18th Judicial District Judge Paul King’s order on Friday states he followed the letter of a 2008 Colorado law when ruling the board “exceeded its authority” in approving Sterling Ranch’s development plan without requiring the company to prove an adequate water supply for the entire development. He denied the development company’s reconsideration request and denied the motion to remand the case back to Douglas County so it could make the water adequacy determination…

King ruled that the county Board of Commissioners had “exceeded its jurisdiction and abused its discretion” by approving Sterling Ranch’s water plan. His ruling stated Colorado law requires all developers to prove they have enough water to serve the entire development before any construction starts.

His Friday order stated pursuant to the 2008 law (Section 29-20-301), “our legislature has determined that securing an adequate supply of water for development can have a broad regional impact and it is imperative that local government be provided with reliable information concerning the adequacy of a proposed development’s water supply to aid local government in the exercise of its discretion.” He also restated his position that the law defines “adequate” as “a water supply sufficient for build-out of the proposed development in terms of quality, quantity, dependability and availability.”[...]

Sterling Ranch “confessed that they did not submit proof of a water supply to the Board during the lengthy approval process,” Friday’s order stated…

“I didn’t write the law. The judge didn’t write the law,” [Attorney Jim Kreutz] said. “Legislators chose to enact it, so opponents need to hire lobbyists and change the law I suppose.”

More coverage from the Associated Press via the San Antonio Express-News:

A Colorado River District official says a judge’s ruling on the proposed Sterling Ranch community in Douglas County could lead to new legislation. A judge this year reversed the county’s approval of a permit for the Sterling Ranch development, citing a state law that requires counties to first affirm that large new developments have an adequate water supply. County officials had argued they planned to incrementally evaluate Sterling Ranch’s water supply, as construction proceeded in phases.

According to the latest Colorado River District newsletter, district external affairs manager Chris Treese says he expects legislation next year addressing the ruling, though it’s too early to say what direction it could take.

More Sterling Ranch coverage here.

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