Douglas County appeals Sterling Ranch ruling that has stalled development

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From the Douglas County News-Press (Rhonda Moore):

The county aims to place the issue of water availability before the appeals court, which has not previously tested the applicable statute, said Lance Ingalls, county attorney.

The statute in question requires developers to prove the water supply for a rezoning before the start of new construction. Sterling Ranch in May 2011 gained the county’s approval to rezone and develop 3,500 acres in the Chatfield Valley, with a plan for 12,000 homes.

With passage of the rezoning, the county granted the request from developer Harold Smethhills to prove his water adequacy at each plat or phase of development. District Judge Paul King reversed the county’s approval in August, following a challenge by the Chatfield Community Association.

“While land use and development is a matter of local concern, the adequacy of water for new developments is a matter of statewide concern,” King ruled. “(L)ocal government shall not approve an application for a development unless it determines that the applicant has established that the proposed water supply for the development is adequate.”

From The Denver Post:

Those in the home-building industry said the outcome could affect projects on semi-arid land where there isn’t a lot of water. For years, suburban building has gotten the go-ahead without requiring that developers have sufficient water in place in advance.

More water law coverage here.

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