§ 30-28-404 — Water - sewage - roadways - notification to state engineer

(1)
In an effort to preserve open space and water resources, a cluster development
may obtain only one well permit for each single-family residential lot pursuant to
sections 37-90-105 and 37-92-602, C.R.S., subject to the provisions of subsection
(2) of this section.

(2) Except in areas of the state where unappropriated water is available for
withdrawal and the vested water rights of others will not be materially injured and
except inside designated groundwater basins, a water court-approved plan for
augmentation shall be required and shall accompany any county-approved rural
land use plan when the water usage in the cluster development would exceed an
annual withdrawal rate of one acre-foot for each thirty-five acres within the cluster
development. Nothing in this section shall be construed to preclude the use of
treated domestic water provided by any public or private entity.

(3) No later than ten days after approval of a cluster development pursuant
to a county's rural land use process, the board of county commissioners shall notify
the state engineer of such approval and shall provide the state engineer a copy of
the approved rural land use plan that includes the cluster development.

Legislative History

Source: L. 96: Entire part added, p. 1881, � 2, effective June 6.