(1)Upon receipt of a
complete preliminary plan submission, the board of county commissioners or its
authorized representative shall distribute copies of prints of the plan as follows:
(a)To the appropriate school districts;
(b)To each county or municipality within a two-mile radius of any portion of
the proposed subdivision;
(c)To any utility, local improvement and service district, or ditch company,
when applicable;
(d)To the Colorado state forest service, when applicable;
(e)To the appropriate planning commission;
(f)To the local conservation district board within the county for explicit
review and recommendations regarding soil suitability, floodwater problems, and
watershed protection. Such referral shall be made even though all or part of a
proposed subdivision is
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(1) Upon receipt of a
complete preliminary plan submission, the board of county commissioners or its
authorized representative shall distribute copies of prints of the plan as follows:
(a) To the appropriate school districts;
(b) To each county or municipality within a two-mile radius of any portion of
the proposed subdivision;
(c) To any utility, local improvement and service district, or ditch company,
when applicable;
(d) To the Colorado state forest service, when applicable;
(e) To the appropriate planning commission;
(f) To the local conservation district board within the county for explicit
review and recommendations regarding soil suitability, floodwater problems, and
watershed protection. Such referral shall be made even though all or part of a
proposed subdivision is not located within the boundaries of a conservation district.
(g) When applicable, to the county or district public health agency or the
state department of public health and environment for its review of the on-lot
sewage disposal reports, for review of the adequacy of existing or proposed
sewage treatment works to handle the estimated effluent, and for a report on the
water quality of the proposed water supply to serve the subdivision. The
department of public health and environment or county or district public health
agency to which the plan is referred may require the subdivider to submit additional
engineering or geological reports or data and to conduct a study of the economic
feasibility of a sewage treatment works prior to making its recommendations. No
plan shall receive the approval of the board of county commissioners unless the
department of public health and environment or county or district public health
agency to which the plan is referred has made a favorable recommendation
regarding the proposed method of sewage disposal.
(h) (I) To the state engineer for an opinion regarding material injury likely to
occur to decreed water rights by virtue of diversion of water necessary or proposed
to be used to supply the proposed subdivision and adequacy of proposed water
supply to meet requirements of the proposed subdivision. If the state engineer finds
such injury or finds inadequacy, he shall express such finding in an opinion in
writing to the board of county commissioners, stating the reason for his finding,
including, but not limited to, the amount of additional or exchange water that may
be required to prevent such injury. In the event the subdivision is approved
notwithstanding the state engineer's opinion, the subdivider shall furnish to all
potential purchasers a copy of the state engineer's opinion prior to the sale or a
synopsis of the opinion; except that the subdivider need not supply the potential
purchaser with a copy of such opinion or synopsis if, in the opinion of the board of
county commissioners, the subdivider has corrected the injury or inadequacy set
forth in the state engineer's finding.
(II) A municipality or quasi-municipality, upon receiving the preliminary plan
designating said municipality or quasi-municipality as the source of water for a
proposed subdivision, shall file, with the board of county commissioners and the
state engineer, a statement documenting the amount of water which can be
supplied by said municipality or quasi-municipality to proposed subdivisions without
causing injury to existing water rights. The state engineer shall file, with said board
of county commissioners, written comments on the report. If, in the judgment of the
state engineer, the report is insufficient to issue an opinion, the state engineer shall
notify the board of county commissioners to this effect, indicating the deficiencies.
(i) To the Colorado geological survey for an evaluation of those geologic
factors that would have a significant impact on the proposed use of the land;
except that, upon written request from the board of county commissioners or the
board's authorized representative, the Colorado geological survey may exempt any
preliminary plan from this referral and review requirement.
(2) The agencies named in this section shall make recommendations within
twenty-one days after the mailing by the county or its authorized representative of
such plans unless a necessary extension of not more than thirty days has been
consented to by the subdivider and the board of county commissioners of the
county in which the subdivision area is located. The failure of any agency to respond
within twenty-one days or within the period of an extension shall, for the purpose of
the hearing on the plan, be deemed an approval of such plan; except that, where
such plan involves twenty or more dwelling units, a school district shall be required
to submit within said time limit specific recommendations with respect to the
adequacy of school sites and the adequacy of school structures.
(3) The provisions of this part 1 shall not modify the duties or enlarge the
authority of the state engineer or the division engineers nor divest the water courts
of jurisdiction over actions concerning water right determinations and
administration; neither shall any opinion of the state engineer submitted under
subsection (1)(h) of this section nor any finding by a board of county commissioners
concerning subdivision water supply matters create any presumption concerning
injury or noninjury to water rights; and neither the state engineer's opinion nor the
finding of the board of county commissioners may be used as evidence in any
administrative proceeding or in any judicial proceeding concerning water right
determinations or administration.
(4) Repealed.