County needs to pay close attention to water issues
Editor:
This letter is in response to the Nov 14 article “Developer wants to buy the school district’s sewer plant.”
A large group of concerned residents, Citizens for Responsible Development, has been working together to address the developer’s various proposals. Residents have valid concerns about the impact that proposed development will have on water and other impacts based on the various development proposals, so it’s not just “misconceptions.”
Before Clear Creek County makes agreements for development or rezoning, it should ensure in-depth planning looks at impacts to the existing residents and will support the proposed development. The state of Colorado realized having water rights does not ensure development will not impact current residents. The state passed 08-1141, Concerning Sufficient Water Supplies For Land Use Approval, encouraging local communities to have potential developers validate sufficient water is available for what they want to build without negatively impacting existing use.
The previous approved plan included commercial development and apartments on the Snow Mountain land. Mr. Roberts has said on several occasions that he does not intend to build that, even if the plan is still valid (There was a time frame on the previous rezoning approval that has passed.).
We are in a drought, and the impact is visible from the low water level in the pond, which is also a fen, near the northwest end of the meadow. Based on considered impact to downstream users, the State Water Board previously approved use of the existing wells to pump at a rate of 60 gallons per minute that was claimed by the owner.  
The county should require the developer to perform pump tests on each of the wells to validate that they can support the proposed development without negatively impacting current residents.
Studies say the water comes from an undefined aquifer. What if there isn’t sufficient water for the proposed development from the existing wells? The new homeowners and the county could be stuck with expenses and a project that can’t be used, while the developer will be gone with his profit. Mr. Roberts told the group that his standard practice is to sell the lots to individuals and have no involvement after the properties are sold.
Proper well pump tests at sustained 60 gallons per minute, while measuring drawdown, will provide an indication of what the wells can support. It may not definitively show impact to the existing residents. If the developer is sure there will be no impact to existing residents, he should bear the assumption of proof and be required to restore water to any nearby residences for several years after the development is complete unless he can prove he is not at fault. He is the one contracting for a study on water availability, so he should maintain future responsibility.
The previous zoning required the developer to monitor local wells before and after the development was complete. This should be expanded to include all homes and businesses in the areas upstream of the proposed development. Depth measurements can be posted online monthly so residents can monitor what is happening to water levels in their wells. Starting the measurements a year before construction will help establish a baseline.
This article focused on the Floyd Hill area development, but these are prudent actions that should be taken before any areas are rezoned or major construction is approved.
The article quotes that Mr. Roberts “is in the business of owning and operating sewer plants.” The county should check the other sewer plants that Mr. Roberts owns and operates before selling infrastructure required for the high school to operate before making any deals.
The Citizens for Responsible Development
A Clear Creek County group