From email from Jennifer Riefenberg and the Chatfield Community Association:
On August 22, 2012, Douglas County District Court’s Judge Paul King, determined that Douglas County Commissioners abused their discretion in approving both the Sterling Ranch rezoning as well as its controversial water appeal, in May 2011, siding with the Plaintiffs, the Chatfield Community Association, et. al. In his determination, Judge King ruled that “The Board has no authority to approve the application without the Applicant demonstrating the adequacy of the water supply.” Judge King cited “In this case the applicant freely admits that it did not submit proof of an adequate water supply as part of its application.”
Douglas County has a long-held reputation for approving development which is dependent on non-renewable ground water or other non-sustainable water supplies. The Board of County Commissioners continued this trend when they approved the Sterling Ranch development in May 2011. Yesterday’s decision by the District Court focused on a 2008 revision to state statutes (CRS 29-20) that require “a water supply that will be sufficient for build-out of the proposed development in terms of quality, quantity, dependability, and availability to provide a supply of water for the type of development proposed…” , as well as Douglas County Zoning Resolution.
Water is a critical issue for the citizens and legislature of Colorado. However, Douglas County is currently proposing changes to their own zoning regulations that would make it even easier for development to occur without demonstrating a sustainable water supply. The impact of Judge King’s ruling should thwart this attempt to loosen these regulations..
Chatfield Community Association (CCA) is comprised primarily of citizens living in the Chatfield Basin area. CCA is interested in responsible growth, including clear and reliable evidence that the developer can provide the necessary infrastructure, water and wastewater commitments, density-appropriate plans for protecting sensitive areas, including Chatfield State Park, and protecting the rural way of life in the Chatfield Basin