Title 16 SUBDIVISIONS
Chapter 16.72 CLUSTER DEVELOPMENT
16.72.040 Water-sewage roadways--Notification to State
Engineer.
A. In an effort to preserve open
space and water resources, a cluster development may contain 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
Section 16.04.040(2) of
this Title.
B. 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
ground water basins, a water court-approved rural land use 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 (35) 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.
C. No later than ten (10) 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.