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6:30 P.M.
SUBJECT: PM18-005 – LAING MINOR SUBDIVISION KELSEA DOMBROVSKI, PLANNER I JULY 29, 2019
LOCATION: The subject property is located at 2484 S. Manila Road and situated in Commissioner District No. 3. The parcel is zoned A-1.
Vicinity and Zoning Map
A-1
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PROPOSAL: The applicant proposes to subdivide a 40-acre parcel into two, approximately 20-acre parcels; one 20.88-acre parcel, and one 19.12-acre parcel. The proposed parcels meet the minimum lot-size requirement for the existing A-1 zone district. The use of the property will not change with the subdivision, and will remain small acreage agriculture with a future single family dwelling.
RECOMMENDATION: Staff: Staff recommends the application be approved based on the findings and subject to the conditions of approval outlined herein.
I. BACKGROUND The proposed subdivision would result in two new parcels that meet the standards of the existing A-1 zone district. II. DISCUSSION Staff review of this application included a comparison of the proposal to: 1) applicable policies and goals outlined in the Comprehensive Plan; 2) Minor Subdivision Regulations; and, 3) analysis of referral comments.
A. The Comprehensive Plan Approval of this Minor Subdivision plat will result in a developable lot that aligns with the following Comprehensive Plan goals:
PM18-005 – Laing Minor Subdivision PC Public Hearing Staff Report
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GOAL RA GM1: Preserve the Rural Character of the Rural Area. The proposed subdivision preserves the rural/agricultural character of the area by maintaining the existing zoning and perpetuating the existing rural land use. Any future development will be sited to avoid or mitigate any adverse impacts on the rural environment and sensitive development areas. The proposed new lots will still be considered very large lot residential (greater than 19 acres, less than 35 acres). GOAL RA GM 1.3(a): Maintain Agricultural Zoning. The proposed subdivision maintains the existing agricultural zoning on the property and in the area, and does not propose any greater density than the existing zone district allows. GOAL RA PFS 2: Ensure Adequate Water Supply for Development in the Rural Area. The amount of water required to annually serve the subdivision is currently physically available per both an augmentation plan approved by the Water Court and the letter from the State Water Engineer.
B. Land Development Code – Minor Subdivision Intent Requirements Chapter 14, Section 14-501 states that a Minor Subdivision is any subdivision that: 1. Creates no more than 4 parcels.
This application proposes one lot.
2. Does not require the extension of municipal/public facilities or the creation of significant public improvement as determined by the PWD Department. The property has an existing septic system. The proposed lot can be served by a septic system provided the future system is compliant (per Tri-County Health Department).
3. Fronts an existing street and does not involve any new streets. The property is located along S. Manila Road and no new roads are being proposed.
4. Does not adversely affect the remainder of the parcel or adjoining property. The proposed platting of the property will not adversely affect the remainder of the parcel or the adjoining properties. The proposed lot line is located so the existing house and On-site Wastewater Treatment System (OWTS) will meet all required setbacks. The proposed lot will be large enough to accommodate future OWTS and building setbacks.
5. Is not in conflict with any provisions of the Arapahoe County Comprehensive
Plan, Zoning Resolution or these regulations.
PM18-005 – Laing Minor Subdivision PC Public Hearing Staff Report
Page 4 of 8
The proposed application does not conflict with the current provisions of the Arapahoe County Comprehensive Plan, Zoning Resolution, or these regulations.
C. Land Development Code – Final Plat A Minor Subdivision follows the Final Plat process, as outlined in Chapter 14, Section 302 of the Land Development Code which states, “A Final Plat (Minor Subdivision) may be approved upon the finding by the Board that the application will”: 1. Provide for a public water supply.
The property is required to have a source of water for the residential development, either by a well or served by a public water system. The proposed property can be served by an existing well per a 2019 decree of the Water Court approving an Augmentation Plan for the existing well.
2. Provide for a public sewage disposal system. For residential development, the property is required to manage sewage either by connecting to a public sewer line or an On-site Wastewater Treatment System (OWTS). The property will be served by an OWTS and Tri-County Health Department has no objections provided the future system is compliant.
3. Provide evidence to show that all areas of the proposed subdivision which may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the subdivider and that the proposed uses of these areas are compatible with such conditions. The Colorado Geological Survey has no objection to the subdivision as proposed and advises a geotechnical investigation to determine geological details prior to future building construction. An Engineered Soils Report will be required with any future building permit.
4. Comply with all applicable zoning regulations governing the property as
adopted by the Board of County Commissioners. The proposed property is zoned A-1 and meets the minimum lot width of 330 feet and minimum 19 acre lot requirement for the A-1 Zone District. All existing structures on the property comply with the zone district’s setbacks.
5. Comply with the Mineral Resource Areas in the Regulation for Areas of Special
Interest as adopted in the Arapahoe County Zoning Regulations. All mineral estate owners have been notified of the first public hearing for this application so that they can provide written comments and/or attend the hearing.
PM18-005 – Laing Minor Subdivision PC Public Hearing Staff Report
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6. Provide evidence that the school district can serve the development.
The Bennett School District is able to serve the proposed property.
D. Referral Comments Comments received during the referral process are as follows:
Referral Agency Comments
Arapahoe County Assessor
Assumed value calculation acceptable for cash in lieu (phone conversation); $355.20 value agreed to by applicant.
Arapahoe County PWD Mapping
Comments included in redlines.
No comments.
Bennett School District
School district can serve the proposed property; $2,095.47 requested in cash in lieu, value agreed to by applicant.
Bennett-Watkins Fire Rescue
No objections; any new development will be reviewed and permitted by BWFR.
CenturyLink No comments or objections.
Colorado Geological Survey
Colorado Parks and Wildlife
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Colorado State Water Engineer, Letter 1
Applicant must clarify if existing well will be used within proposed parcel; if well to be used, obtain court-approved augmentation plan. Applicant must also provide form GWS-76.
Colorado State Water Engineer, Letter 2
Court-approved augmentation plan received - proposed water supply is adequate; prior to subdivision approval existing well shall be re-permitted to operate pursuant to augmentation plan.
District Court, Water Division 1
Approval of proposed augmentation plan; existing well may be used to serve existing and proposed parcel.
East Arapahoe County Advisory Planning Committee
No objections.
No comments.
No comments.
Tri-County Health Department
No objections to proposed subdivision being served by septic system provided future system is compliant with regulations; proposed lot line meets the required minimum setback of 10 ft. from the soil absorption area.
Urban Drainage and Flood
No objections; would like to review if future site improvements.
US Army Corps of Engineers
No response.
Xcel Xcel owns, operates existing underground facilities, requests 8 ft. easement; any new electric service will require an application.
E. Cash in Lieu of Land Dedication
Land dedication for public schools, public parks and other public purposes or cash- in-lieu instead of land dedication is addressed at final plat. The assumed value of $20,000 per acre was used to calculate cash in lieu for public parks and other public purposes; the Bennett School District cash in lieu request was determined using school district policy.
Bennett School District: $2,095.47
Other Public Purposes: $14.80
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STAFF FINDINGS: Staff has visited the site and reviewed the plans, supporting documentation, and referral comments in response to this application. Based on review of applicable policies and goals set forth in the Comprehensive Plan, review of the subdivision regulations, and analysis of referral comments, our findings include: 1. The proposed Minor Subdivision complies with the Approval Standards contained in
Section 14-302 enumerated in the Arapahoe County Land Development Code. 2. The proposed Minor Subdivision complies with the Intent Requirements contained in
Section 14-501 enumerated in the Arapahoe County Land Development Code. RECOMMENDATION: Considering the findings and other information provided herein, staff recommends approval of Case No. PM18-005 Minor Subdivision, with conditions recommended in this report. DRAFT MOTIONS: In the case of PM18-005, Laing Minor Subdivision, the Planning Commissioners have reviewed the staff report, including all exhibits and attachments, and have listened to the applicant’s presentation and the public comment as presented at the public hearing. I hereby move to recommend approval of this application based on the findings in the staff report, subject to the following conditions: 1. Prior to signature of the final copy of this plat the applicant must address Public Works
Staff comments and concerns. 2. The applicant shall meet requirements listed in the State Water Engineer Letter dated
July 10, 2019, and provide evidence of meeting these requirements, prior to the Board Chair’s signature on the Final Plat.
3. The applicant shall pay a total amount of cash in lieu of $2,465.47 to be distributed as follows: Schools: $2,095.47; Public Parks: $355.20; and Other Public Purposes: $14.80
Alternate Motions: The following motions are provided as alternatives to the recommended motion for Conditional Approval: DENY: In the case of PM18-005, Laing Minor Subdivision, the Planning Commissioners have reviewed the staff report, including all exhibits and attachments, and have listened to the applicant’s presentation and the public comment as presented at the public hearing. I hereby move to recommend denial of this application based on the findings:
1. State new or amended findings in support of denial as part of the motion.
PM18-005 – Laing Minor Subdivision PC Public Hearing Staff Report
Page 8 of 8
CONTINUE TO DATE CERTAIN: In the case of PM18-005, Laing Minor Subdivision, I move to continue the public hearing to (DATE), date certain, 6:30 p.m., in the Arapahoe Room at 6954 S. Lima Street, Centennial, Colorado 80112, to receive additional information and to further consider information presented. Attachments: Application Letter of Intent Engineering Staff Report Referral Comments Applicant’s Response Letter Exhibit
Land Development Application Rev 01-30-2018
Public Works and Development 6924 S. Lima Street
Centennial, Colorado 80112 Phone: 720-874-6650
www.arapahoegov.com
Land Development Application Form must be complete
Land Development Application materials received after 2pm shall be date stamped received the following working day.
APPLICANT/REPRESENTATIVE: ADDRESS: SIGNATURE:
NAME:
PHONE: FAX:
Parcel AIN No.
Subdivision Name & Filing No.:
Related Case Numbers: (Preliminary/Final Development Plan, Rezoning, and / or Plat )
EXISTING PROPOSED
General Development Plan or Major Amendment
Location & Extent or Major Amendment
Administrative Site Plan Preliminary Plat
Master Development Plan or Major Amendment
Rezoning - Conventional Administrative Amendment to _____________(GDP, SDP, etc)
Final Plat
Land Development Code Amendment
Administrative Replat Minor Subdivision
Use by Special Review or Major Amendment
Commercial Mobile Radio Service (CMRS/cellular antennas)
Subdivision Exemption
Use by Special Review – Oil and Gas
Plat Correction Replat (Major)
1041 – Areas & Activities of State Interest – Use by Special Review
Special District Title 30 Title 32
Administrative Oil & Gas Use by Special Review (AOGUSR)
Comprehensive Plan Rural Cluster Street Name Change
THIS SECTION FOR OFFICE USE ONLY
Case No: Planning Manager: Engineering Manager:
Planning Fee: Y N $ Engineering Fee: Y N $ TCHD Fee? $
This application shall be submitted with all applicable application fees. Submittal of this application does not establish a vested property right in accordance with
C.R.S. 24-68-105(1). Processing and review of this application may require the submittal of additional information, subsequent reviews, and/or meetings, as outlined
in the Arapahoe County Land Development Code.
(Type in Parcel AIN No in the next box without dashes in between)
Arapahoe County Public Works & Development Planning Division 6924 S Lima St
Centennial, CO 801l2
Dear Public Works & Development:
I am proposing a project within unincorporated Arapahoe County. The project is located at2484 S.
Manila Rd. Bennett, CO under county Pin # 1979-0-00-0-481.
The project includes 40 acres and is currently zoned A-8.
I intend to split the 40 acre parcel into two 20 acre parcels (M/L). Historic use of the property will be unchanged; small acreage agriculture. Proposed zoning will be A-1 with approximately 2A acres and one future single family residence.
ru^:Z./NAr Elam Arthur Leland Laing
Planning Commission Summary Report Date: August 6, 2019 To: Arapahoe County Planning Commission Through: Kelsea Dombrovski
Planning Division, Case Planner From: Kurt Cotten, PE Engineering Services Division, Case Engineer Case name: PM18-005 – Laing Subdivision
Purpose and Recommendation The purpose of this report is to communicate the Engineering Staff findings, comments, and recommendations regarding the land use application identified above. Engineering Staff has reviewed the land use application and has the following findings:
1. The project is located at 2484 S Manila Rd in eastern Arapahoe County and proposes to subdivide one ~40 acre lot into two ~19+ acre lots.
2. The site contains a floodplain which is not mapped by the Federal Emergency Management Agency. The applicant has utilized a study on the creek conducted by Urban Drainage and Flood Control District to define the boundaries of the floodplain and is dedicating an easement over the floodplain with this plat in accordance with County requirements.
3. At this time it is anticipated that Manila Rd will be extended as a public road along and beyond this area. Subdividing this lot does not appear to adversely impact the future right-of-way corridor or roadway improvements.
Engineering Staff is recommending the land use application(s) favorably subject to the following conditions:
1. Applicant addresses all Arapahoe County Engineering Services Division comments. 2. Applicant obtains all necessary approvals and permits.
From: Caleb J. Connor To: Kelsea Dombrovski Cc: Terri Maulik; Michelle Lengyel; Victoria Flamini Subject: RE: Comments Requested by 1/15/18: PM18-005, Laing Subdivision Date: Wednesday, December 19, 2018 10:29:51 AM
Kelsea, Bennett-Watkins Fire Rescue (BWFR) has no objections on this case. We only request that the applicant keep in mind that any new development on the subdivided lot will need to be reviewed and permitted by BWFR prior to commencement or construction. Thanks! Captain Caleb J. Connor Fire Marshal Life Safety Division Bennett-Watkins Fire Rescue 303-644-3572 - Headquarters / 720-893-7672 - Direct www.BennettFireRescue.org   This email and any files transmitted with it may contain PRIVILEGED or CONFIDENTIAL information and may be read or used only by the intended recipient. If you are not the intended recipient of the email or any of its attachments, please be advised that you have received this email in error and that any use, dissemination, distribution, forwarding, printing, or copying of this email or any attached files is strictly prohibited. If you have received this email in error, please immediately purge it and all attachments and notify the sender by reply email or contact the sender at the number listed.  
From: Kelsea Dombrovski <KDombrovski@arapahoegov.com> Sent: Friday, December 14, 2018 10:02 AM To: Kelsea Dombrovski <KDombrovski@arapahoegov.com> Cc: Terri Maulik <TMaulik@arapahoegov.com>; Michelle Lengyel <MLengyel@arapahoegov.com> Subject: Comments Requested by 1/15/18: PM18-005, Laing Subdivision Hello, Please find at the link below: referral documents for your review and comment before Tuesday, 1/15. Click on ‘Record Info’ and then ‘Attachments.’ Please let me know if there are any issues or questions. https://citizenaccess.arapahoegov.com/citizenaccess/urlrouting.ashx? type=1000&Module=Planning&capID1=18CAP&capID2=00000&capID3=006R8&agencycode=Arapahoe Thank you! Kelsea Dombrovski | Planner I Planning Division | Arapahoe County Public Works and Development 6924 South Lima St. Centennial, CO 80112 Direct: 720-874-6854 | Planning Office: 720-874-6650 | TTY: 711 kdombrovski@arapahoegov.com | Fax: 720-874-6611 www.arapahoegov.com
Phoenix, AZ 85015
January 8, 2019
Dear Ms. Dombrovski:
This is in response the request of Arapahoe County, Colorado to review PM 18-005 for the Laing
Subdivision. CenturyLink’s Field Engineer Katherine Liebetrau has reviewed the Plat and has
determined that CenturyLink has no comments or objections.
Please contact Lisa Gallegos-Thompson, CP at lisa.gallegos@centurylink if you have any
questions.
Respectfully,
Karen Caime
Public Works and Development 6924 S. Lima Street Centennial, Colorado 80112 Phone: 720-874-6650; FAX 720-874-6611
www.arapahoegov.com
Case Number / Case Name: PM18-005, Laing Subdivision Planner: Kelsea Dombrovski Engineer: Kurt Cotten Date sent: 12/13/18 Date to be returned: 1/15/18
Arapahoe County Agencies
Building / Arapahoe County Joe Richards UACED Janet Cook
Engineering / Arapahoe County Kurt Cotten Four Square Mile Neighborhood
Mapping / Arapahoe County Karen Kennedy South Metro Chamber of Commerce
Oil & Gas / Arapahoe County Diane Kocis Conservation District
Open Spaces / Arapahoe County Roger Harvey Deer Trail Conservation District
Planning / Arapahoe County Kelsea Dombrovski West Arapahoe Conservation District Tasha Chevarria
Sheriff / Arapahoe County Glenn Thompson, Scott Sickafoose
Transportation
Weed Control / Arapahoe County Russell Johnson CDOT / State Highway Dept- Region 1 Rick Solomon
Zoning / Arapahoe County Caitlyn Cahill E-470 Authority Peggy Davenport
Referral Agencies RTD Chris Quinn
Architectural Review Committee Front Range Airport Bob Lewan
Arapahoe Library District Linda Speas Utilities: Gas, Electric & Phone
CGS Colorado Geological Survey-Soils Jill Carlson Centurylink/Phone
City / Town: Aurora Porter Ingram XCEL Donna George
City / Town: Bennett Deb Merkle IREA Brooks Kaufman
Colorado Parks and Wildlife Crystal Chick
County
Fire Protection District: Bennett Caleb Connor North Kiowa Bijou Water
Metro District U.S. Army Corp. of Engineer Kiel Downing
Post Office Bennett Post Office CCBWQA
Reap I-70 Regional Economic Advancement Partnership
Gary Duke,
Jack Keever
Recreation District / Park District (External) SEMSWA
Special District ECCVW&S Chris Douglass
Tri-County Health Department Sheila Lynch Urban Drainage & Flood
Bennett School District Robin Purdy Other / 5 Sets East End Adv. Committee
EACAPC State Engineer Joanna Williams
HOMEOWNER’S ASSOCIATIONS
The enclosed case has been submitted to the Arapahoe County Planning Office for consideration. Because of the possible effect of the proposed development upon your area, the case is being referred for your comment. Please examine this request and, after review, check the appropriate line and return to the Arapahoe County Planning Office on or before the date indicated above.
COMMENTS: SIGNATURE
Have NO Comments to make on the case as submitted
Have the following comments to make related to the case: I HAVE NO OBJECTION TO THIS PROJECT. If this project enhances growth in the area and the well and septic system are deemed ok to go, I support this endeavor.
Tom Coker
Public Works and Development 6924 S. Lima Street Centennial, Colorado 80112 Phone: 720-874-6650; FAX 720-874-6611
www.arapahoegov.com
Case Number / Case Name: PM18-005, Laing Subdivision Planner: Kelsea Dombrovski Engineer: Kurt Cotten Date sent: 12/13/18 Date to be returned: 1/15/18
Arapahoe County Agencies
Building / Arapahoe County Joe Richards UACED Janet Cook
Engineering / Arapahoe County Kurt Cotten Four Square Mile Neighborhood
Mapping / Arapahoe County Karen Kennedy South Metro Chamber of Commerce
Oil & Gas / Arapahoe County Diane Kocis Conservation District
Open Spaces / Arapahoe County Roger Harvey Deer Trail Conservation District
Planning / Arapahoe County Kelsea Dombrovski West Arapahoe Conservation District Tasha Chevarria
Sheriff / Arapahoe County Glenn Thompson, Scott Sickafoose
Transportation
Weed Control / Arapahoe County Russell Johnson CDOT / State Highway Dept- Region 1 Rick Solomon
Zoning / Arapahoe County Caitlyn Cahill E-470 Authority Peggy Davenport
Referral Agencies RTD Chris Quinn
Architectural Review Committee Front Range Airport Bob Lewan
Arapahoe Library District Linda Speas Utilities: Gas, Electric & Phone
CGS Colorado Geological Survey-Soils Jill Carlson Centurylink/Phone
City / Town: Aurora Porter Ingram XCEL Donna George
City / Town: Bennett Deb Merkle IREA Brooks Kaufman
Colorado Parks and Wildlife Crystal Chick
County
Fire Protection District: Bennett Caleb Connor North Kiowa Bijou Water
Metro District U.S. Army Corp. of Engineer Kiel Downing
Post Office Bennett Post Office CCBWQA
Reap I-70 Regional Economic Advancement Partnership
Gary Duke,
Jack Keever
Recreation District / Park District (External) SEMSWA
Special District ECCVW&S Chris Douglass
Tri-County Health Department Sheila Lynch Urban Drainage & Flood
Bennett School District Robin Purdy Other / 5 Sets East End Adv. Committee
State Engineer Joanna Williams
HOMEOWNER’S ASSOCIATIONS
The enclosed case has been submitted to the Arapahoe County Planning Office for consideration. Because of the possible effect of the proposed development upon your area, the case is being referred for your comment. Please examine this request and, after review, check the appropriate line and return to the Arapahoe County Planning Office on or before the date indicated above.
COMMENTS: SIGNATURE
Have NO Comments to make on the case as submitted Diane Kocis
Have the following comments to make related to the case:
From: dkdeitchel@tds.net To: Kelsea Dombrovski Subject: Re: Comments Requested by 1/15/19: PM18-005, Laing Subdivision Date: Thursday, January 03, 2019 2:56:30 PM
Hi Kelsea, I have reviewed PM 18-005 and I have no comments on this project.
Thanks, Deb Deitchel East Arapahoe County Advisory Planning Committee
Public Works and Development 6924 S. Lima Street Centennial, Colorado 80112 Phone: 720-874-6650; FAX 720-874-6611
www.arapahoegov.com
Referral Routing Case Number / Case Name: PM18-005, Laing Subdivision Planner: Kelsea Dombrovski Engineer: Kurt Cotten Date sent: 12/13/18
Date to be returned: 1/15/18
Arapahoe County Agencies
Building / Arapahoe County Joe Richards UACED Janet Cook
Engineering / Arapahoe County Kurt Cotten Four Square Mile Neighborhood
Mapping / Arapahoe County Karen Kennedy South Metro Chamber of Commerce
Oil & Gas / Arapahoe County Diane Kocis Conservation District
Open Spaces / Arapahoe County Roger Harvey Deer Trail Conservation District
Planning / Arapahoe County Kelsea Dombrovski West Arapahoe Conservation District Tasha Chevarria
Sheriff / Arapahoe County Glenn Thompson, Scott Sickafoose
Transportation
Weed Control / Arapahoe County Russell Johnson CDOT / State Highway Dept- Region 1 Rick Solomon
Zoning / Arapahoe County Caitlyn Cahill E-470 Authority Peggy Davenport
Referral Agencies RTD Chris Quinn
Architectural Review Committee Front Range Airport Bob Lewan
Arapahoe Library District Linda Speas Utilities: Gas, Electric & Phone
CGS Colorado Geological Survey-Soils Jill Carlson Centurylink/Phone
City / Town: Aurora Porter Ingram XCEL Donna George
City / Town: Bennett Deb Merkle IREA Brooks Kaufman
Colorado Parks and Wildlife Crystal Chick
County
Fire Protection District: Bennett Caleb Connor North Kiowa Bijou Water
Metro District U.S. Army Corp. of Engineer Kiel Downing
Post Office Bennett Post Office CCBWQA
Reap I-70 Regional Economic Advancement Partnership
Gary Duke,
Jack Keever
Recreation District / Park District (External) SEMSWA
Special District ECCVW&S Chris Douglass
Tri-County Health Department Sheila Lynch Urban Drainage & Flood
Bennett School District Robin Purdy Other / 5 Sets East End Adv. Committee
State Engineer Joanna Williams
HOMEOWNER’S ASSOCIATIONS
The enclosed case has been submitted to the Arapahoe County Planning Office for consideration. Because of the possible effect of the proposed development upon your area, the case is being referred for your comment. Please examine this request and, after review, check the appropriate line and return to the Arapahoe County Planning Office on or before the date indicated above.
COMMENTS: SIGNATURE
Have NO Comments to make on the case as submitted
Have the following comments to make related to the case:
carlson
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carlson
Typewritten Text
Colorado Geological Survey has no objection to approval of the two-lot minor subdivision, but we have advisory comments. Please see attached review letter.
AR-19-0014_1 Laing Subdivision PM18-005
January 16, 2019 Karen Berry State Geologist
Kelsea Dombrovski
Planning Division
6924 S. Lima St.
Arapahoe County, CO; CGS Unique No. AR-19-0014
Dear Ms. Dombrovski:
Colorado Geological Survey has reviewed the Laing Minor Subdivision referral. I understand the applicant
proposes to subdivide 40 acres located at 2484 S. Manila Road, Bennet, creating two lots of approximately 20
acres each. Proposed Lot 2 contains an existing house, well, and septic system.
The site does not contain, nor is it exposed to, any geologic hazards that would preclude the slight increase in
density. CGS therefore has no objection to approval of the two-lot minor subdivision as proposed.
However, we have advisory comments:
Site geology, soil and bedrock engineering properties, and potential development constraints. The site is
underlain by river- and wind-deposited silt and sand. Wind-deposited soils tend to be loose, fine-grained, and
compressible/hydrocompactive, meaning they can lose strength, settle, compress, or collapse under a
structural load and/or when water infiltrates the deposits. Thick columns of compressible or collapsible soils
can result in significant settlement and structural damage. The surficial soils are underlain at unknown depth
by sandstones (typically not problematic) and potentially highly expansive claystones of the Dawson Arkose
or Denver Formation.
Once a building location is identified on proposed Lot 1, outside of the seasonal drainage and drainage
easement crossing the site from east to west, a geotechnical investigation is recommended to determine depths
to bedrock and seasonal groundwater levels, and to characterize soil and bedrock engineering properties such
as density, strength, and swell/consolidation potential for use in design of subgrade preparation,
foundation(s), floor system(s), subsurface drainage, pavements, etc. This will help minimize the risk of
structural damage due to settlement and collapse.
Thank you for the opportunity to review and comment on this project. If you have questions or require further
review, please call me at (303) 384-2643, or e-mail carlson@mines.edu.
Sincerely,
From: Arnold Hollingsworth To: Kelsea Dombrovski Subject: Re: Comments Requested by 1/15/19: PM18-005, Laing Subdivision Date: Saturday, December 22, 2018 4:14:48 PM
Kelsea, I defer any comments toward a decision to the adjacent property owners. Their opinions should carry the most influence. Thanks Arnold Hollingsworth east end advisory board
From: Kelsea Dombrovski <KDombrovski@arapahoegov.com> To: Kelsea Dombrovski <KDombrovski@arapahoegov.com> Sent: Friday, December 21, 2018 1:20 PM Subject: Comments Requested by 1/15/19: PM18-005, Laing Subdivision
Hello,
Please find at the link below: referral documents for your review and comment before Tuesday, 1/15. Click on ‘Record Info’ and then ‘Attachments.’ Please let me know if there are any issues or questions.
https://citizenaccess.arapahoegov.com/citizenaccess/urlrouting.ashx? type=1000&Module=Planning&capID1=18CAP&capID2=00000&capID3=006R8&agencycode=Arapahoe
Kelsea Dombrovski | Planner I Planning Division | Arapahoe County Public Works and Development 6924 South Lima St. Centennial, CO 80112 Direct: 720-874-6854 | Planning Office: 720-874-6650 | TTY: 711 kdombrovski@arapahoegov.com | Fax: 720-874-6611 www.arapahoegov.com 
Public Works and Development 6924 S. Lima Street Centennial, Colorado 80112 Phone: 720-874-6650; FAX 720-874-6611
www.arapahoegov.com Planning Division
Referral Routing Case Number / Case Name: PM18-005, Laing Subdivision Planner: Kelsea Dombrovski Engineer: Kurt Cotten Date sent: 12/13/18 Date to be returned: 1/15/18
Arapahoe County Agencies
Building / Arapahoe County Joe Richards UACED Janet Cook
Engineering / Arapahoe County Kurt Cotten Four Square Mile Neighborhood
Mapping / Arapahoe County Karen Kennedy South Metro Chamber of Commerce
Oil & Gas / Arapahoe County Diane Kocis Conservation District
Open Spaces / Arapahoe County Roger Harvey Deer Trail Conservation District
Planning / Arapahoe County Kelsea Dombrovski West Arapahoe Conservation District Tasha Chevarria
Sheriff / Arapahoe County Glenn Thompson, Scott Sickafoose
Transportation
Weed Control / Arapahoe County Russell Johnson CDOT / State Highway Dept- Region 1 Rick Solomon
Zoning / Arapahoe County Caitlyn Cahill E-470 Authority Peggy Davenport
Referral Agencies RTD Chris Quinn
Architectural Review Committee Front Range Airport Bob Lewan
Arapahoe Library District Linda Speas Utilities: Gas, Electric & Phone
CGS Colorado Geological Survey-Soils Jill Carlson Centurylink/Phone
City / Town: Aurora Porter Ingram XCEL Donna George
City / Town: Bennett Deb Merkle IREA Brooks Kaufman
Colorado Parks and Wildlife Crystal Chick
County
Fire Protection District: Bennett Caleb Connor North Kiowa Bijou Water
Metro District U.S. Army Corp. of Engineer Kiel Downing
Post Office Bennett Post Office CCBWQA
Reap I-70 Regional Economic Advancement Partnership
Gary Duke,
Jack Keever
Recreation District / Park District (External) SEMSWA
Special District ECCVW&S Chris Douglass
Tri-County Health Department Sheila Lynch Urban Drainage & Flood
Bennett School District Robin Purdy Other / 5 Sets East End Adv. Committee
State Engineer Joanna Williams
HOMEOWNER’S ASSOCIATIONS
The enclosed case has been submitted to the Arapahoe County Planning Office for consideration. Because of the possible effect of the proposed development upon your area, the case is being referred for your comment. Please examine this request and, after review, check the appropriate line and return to the Arapahoe County Planning Office on or before the date indicated above.
COMMENTS: SIGNATURE
Have NO Comments to make on the case as submitted Glenn Thompson, Bureau Chief, Arapahoe County Sheriff’s Office
Have the following comments to make related to the case:
http://www.arapahoegov.com/
PW0239
Highlight
Arapahoe
!! Public Works and Development
6924 S. Lima Street Centennial, Colorado 801 I 2 Phone: 720-874-6650; FAX 720-874-6611 www.arapahoegov.com
Planning Division
Referral Routing Case Number/ Case Name: PM18-005, Laing Subdivision Planner: Kelsea Dombrovski Engineer: Kurt Cotten Date sent: 12/13/18 Date to be returned: 1/15/18
Arapahoe County Aaencies
Attorney I Arapahoe County Robert Hill CCNA-Cherrv Creek Neiahborhoods Ass.
Building / Arapahoe County Joe Richards UACED
181 Engineering / Arapahoe Countv Kurt Cotten Four Square Mile Neiahborhood
181 Mappina / Arapahoe Countv Karen Kennedv South Metro Chamber of Commerce
181 Oil & Gas / Arapahoe Countv Diane Kocis Conservation District
181 Open Spaces / Arapahoe County Roaer Harvev Deer Trail Conservation District
181 Planning / Arapahoe County Kelsea Dombrovski 181 West Arapahoe Conservation District
181 Sheriff/ Arapahoe County Glenn Thompson, Transportation Scott Sickafoose
Weed Control I Arapahoe Countv Russell Johnson COOT / State Hiahwav Deot- Reion 1
181 Zonina / Arapahoe Countv Caitlvn Cahill E-470 Authoritv
Referral Aaencies RTD
181 Arapahoe Library District Linda Saeas Utilities: Gas, Electric & Phone
181 CGS Colorado Geoloaical Survev-Soils Jill Carlson 181 Centurvlink/Phone
Citv / Town: Aurora Porter lnaram 181 XCEL
Citv / Town: Bennett Deb Merkle IREA
181 Colorado Parks and Wildlife Crvstal Chick
County
DRCOG Water/ Sanitation I Stormwater /Wetlands
181 Fire Protection District: Bennett Caleb Connor North Kiowa Biiou Water
Metro District 181 U.S. Armv Coro. of Enaineer
181 Post Office Bennett Post Office CCBWQA
Reap 1-70 Regional Economic Gary Duke, 181 Colorado Division of Water Resources Advancement Partnership Jack Keever
Recreation District/ Park District (External) SEMSWA
Special District ECCVW&S
181 Tri-County Health Department Sheila Lynch 181 Urban Drainage & Flood
181 Bennett School District Robin Purdy Other I 5 Sets East End Adv. Committee
181 State Enoineer
HOMEOWNER'S ASSOCIATIONS
Janet Cook
Tasha Chevarria
Rick Solomon
Peggy Davenport
Chris Quinn
Bob Lewan
Donna George
Brooks Kaufman
Kiel Downing
Joanna Williams
Chris Douglass
Joanna Williams
The enclosed case has been submitted to the Arapahoe County Planning Office for consideration. Because of the possible effect of the proposed development upon your area, the case is being referred for your comment. Please examine this request and, after review, check the appropriate line and return to the Arapahoe County Planning Office on or before the date indicated above.
COMMENTS: ATURE
Have NO Comments to make on the case as submitted
Have the followin comments to make related to the case:
PW0239
Highlight
Arapahoe
6924 S. Lima Street Centennial, Colorado 80112 Phone: 720-874-6650; FAX 720-874-6611 www.arapahoegov.com
Planning Division
Referral Routing Case Number/ Case Name: PM18-005, Laing Subdivision Planner: Kelsea Dombrovski Engineer: Kurt Cotten Date sent: 12/13/18 Date to be returned: 1/15/18
Arapahoe County Agencies
Building / Arapahoe County Joe Richards UACED
181 Engineering/ Arapahoe County Kurt Cotten Four Souare Mile Neighborhood
181 Mapping / Arapahoe County Karen Kennedy South Metro Chamber of Commerce
181 Oil & Gas / Araoahoe County Diane Kocis Conservation District
181 Ooen Spaces / Arapahoe Countv Rooer Harvev Deer Trail Conservation District
181 Planning/ Arapahoe Countv Kelsea Dombrovski 181 West Arapahoe Conservation District
181 Sheriff I Arapahoe County Glenn Thompson, Transportation Scott Sickafoose
Weed Control/ Arapahoe Countv Russell Johnson CDOT I State Highwav Dept- Reoion 1
181 Zoning I Arapahoe County Caitlyn Cahill E-470 Authority
Referral Agencies RTD
181 Arapahoe Librarv District Linda Soeas Utilities: Gas, Electric & Phone
181 CGS Colorado Geoloaical Survev-Soiis Jill Carlson 181 Centurylink/Phone
City/ Town: Aurora Porter lnaram 181 XCEL
City I Town: Bennett Deb Merkle IREA
181 Colorado Parks and Wildlife Crystal Chick
County
DRCOG Water / Sanitation / Stormwater /Wetlands
181 Fire Protection District: Bennett Caleb Connor North Kiowa Biiou Water
Metro District 181 U.S. Army Corp. of Engineer
181 Post Office Bennett Post Office CCBWQA
Reap 1-70 Regional Economic Gary Duke, 181 Colorado Division of Water Resources Advancement Partnership Jack Keever
Recreation District I Park District (External\ SEMSWA
Special District ECCVW&S
181 Sheila Lynch 181 Urban Drainage & Flood
181 Robin Purdy Other I 5 Sets East End Adv. Committee
181
HOMEOWNER'S ASSOCIATIONS
Janet Cook
Tasha Chevarria
Rick Solomon
Peggy Davenport
Chris Quinn
Bob Lewan
Donna George
Brooks Kaufman
Kiel Downing
Joanna Williams
Chris Douglass
Joanna Williams
The enclosed case has been submitted to the Arapahoe County Planning Office for consideration. Because of the possible effec t of the proposed development upon your area, the case is being referred for your comment. Please examine this request and, after review, check the appropriate line and return to the Arapahoe County Planning Office on or before the date indicated above.
COMMENTS: SIGNATURE
Have NO Comments to make on the case as submitted ..l.----...'-- _A.._ A .J\. 1=-AC..APC. l J Have the following comments to make related to the case:
PW0239
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KDombrovski@arapahoegov. com
Laing Subdivision Case no. PM18- 005
Par of the W'/ i of the SW'/ a Sec. 26, T4S, R64W, 6th
P. M.
Dear Ms. Dombrovski:
We have reviewed the information received by this office on December 14, 2018 regarding the above referenced referral. The Applicant is proposing subdivide the 40 acres into two lots of approximately 20 acres each.
Water Supply Demand
A Water Supply Information Summary Sheet was not submitted; therefore, the water supply demand for this subdivision is unknown.
Source of Water Supply
There was no proposed source of water supply for this subdivision.
Records in this office indicate that there is an existing well, operating under well permit no. 258841, located on the subject property. Permit no. 258841 was issued on August 24, 2004
pursuant to C. R. S. 37- 92- 602( 3)( b)( II)( A) as the only well on 40 acres described as part of the SW 4 of Sec. 26, Twp. 4 S, Rng. 64 W, Sixth P. M.. The well is withdrawing water from the not-
nontributary Denver aquifer and is permitted to be used for fire protection, ordinary household purposes inside not more than three ( 3) single family dwellings, the watering of poultry, domestic
animals and livestock on a farm or ranch and the irrigation of more than one ( 1) acre of home
gardens and lawns. However, Section 37- 92- 602( 3)( b)( III), C. R. S., requires that the cumulative
effect of all wells in a subdivision be considered when evaluating material injury to decreed water rights. Therefore, the applicant must clarify if the well will be used within the
subdivision or if the well will be plugged and abandoned prior to subdivision approval. If the
well will be used within the subdivision the proposed uses must be specified and the
applicant must demonstrate that a court approved augmentation plan has been obtained for
the well.
Office the State Engineer
1313 Sherman Street, Room 821, Denver, CO 80203 P 303, 866,3581'' www,water, state, co,us49°
Original Water Engineer Letter
December 17, 2018
The applicant should be aware that any proposed detention pond for this project, must meet the
requirements of a " storm water detention and infiltration facility" as defined in section 37- 92-
602( 8), Colorado Revised Statutes, to be exempt from administration by this office. The
applicant should review DWR' s Administrative Statement Regarding the Management of Storm Water Detention Facilities and Post-Wildland Fire Facilities in Colorado to ensure that the
notification, construction and operation of the proposed structure meets statutory and administrative requirements. The applicant is encouraged to use Colorado Stormwater Detention
and Infiltration Facility Notification Portal, located at
https:// maperture. digitaidataservices. com/ gvh/? viewer=cswdif, to meet the notification
requirements.
State Engineer' s Office Opinion
Based on the above and pursuant to Section 30- 28- 136( 1)( h)( II), C. R. S., the State Engineer's
Office has not received enough information to render an opinion regarding the potential for causing material injury to decreed water rights, or the adequacy of the proposed water supply. Prior to further review of the subdivision water supply plan the following information is required:
1. A completed Water Supply Information Summary Sheet ( GWS -76), or report, that specifies
the water requirements for the subdivision and the proposed water supply. 2. The applicant must also clarify if the well operating under permit no. 258841 will be used
within the subdivision or if the well will be plugged and abandoned prior to subdivision
approval. If the well will be used within the subdivision the proposed uses must be
specified and the applicant must demonstrate that a court approved augmentation plan
has been obtained for the well.
Should you or the applicant have any questions, please contact Ailis Thyne at ( 303) 866- 3581
x8216.
Water Resource Engineer
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water
Jared S. Polis, Governor | Dan Gibbs, Executive Director | Kevin G. Rein, State Engineer/Director
July 10, 2019
Kelsea Dombrovski Arapahoe County Public Works and Development Transmitted via email: KDombrovski@arapahoegov.com
RE: Laing Subdivision Case no. PM18-005 Part of the W ½ of the SW ¼, Section 26, T4S, R64W, 6th P.M. Water Division 1, Water District 1
Dear Ms. Dombrovski:
We have reviewed the additional information received July 10, 2019 regarding the above referenced proposal to subdivide a 40-acre parcel into two lots of approximately 20 acres each.
Water Supply Demand
Based on the water supply plan, each lot will be served by the existing well or an individual on lot well constructed in the Denver aquifer operating pursuant to the decreed augmentation plan in Division 1 Water Court Case no. 19CW3008. The water supply for each residential lot is 1.5 acre-feet per year for 100 years, which will be used for in house use (0.3 acre-feet), irrigation of 19,000 square-feet of home lawn, garden and trees (1.1 acre-feet), and stock watering of up to 8 large domestic animals (0.1 acre-feet). The total annual water requirement for the two proposed lots is 3 acre-feet.
Source of Water Supply
According to the additional information submitted, there is a decreed augmentation plan for the Denver aquifer in Division 1 Water Court Case No. 19CW3008.
The decree in Division 1 Water Court Case no. 19CW3008 quantified the amount of water underlying the subject 40 acres for the uses of domestic, commercial, industrial, irrigation, livestock watering, fire protection and augmentation purposes, including storage. According to the decree the following amounts of water were determined to be available underlying the 40 acres:
Updated Water Engineer Letter
Red text added to more clearly align with Water Court Decree per 7/26/19 conversation with Ailis Thyne of the State Water Engineer's Office.
PW0239
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Laing Subdivision July 10, 2019 Page 2 of 3
Aquifer Annual amount available for 40 acres based on 100 year allocation approach
(acre-feet) Type
Upper Arapahoe 8.8 Nontributary
Lower Arapahoe 6.4 Nontributary
Laramie-Fox Hills 8.7 Nontributary
The decreed augmentation plan in Division 1 Water Court Case no. 19CW3008 for the 40 acres allows the withdrawal of 3 acre-feet per year from the Denver aquifer based on a 100 year allocation approach for two residences (1.5 acre-foot per year per residence) for in house use (0.3 acre-feet), irrigation of 19,000 square-feet of home lawn, garden and trees (1.1 acre-feet), and stock watering of up to 8 large domestic animals (0.1 acre-feet).
The proposed source of water for this subdivision is a bedrock aquifer in the Denver Basin. The State Engineer’s Office does not have evidence regarding the length of time for which this source will be a physically and economically viable source of water. According to 37- 90-137(4)(b)(I), C.R.S., “Permits issued pursuant to this subsection (4) shall allow withdrawals on the basis of an aquifer life of one hundred years.” Based on this allocation approach, the annual amount of water available pursuant to case no. 19CW3008 is equal to one percent of the total amount, as determined by rules 8.A and 8.B of the Statewide Nontributary Ground Water Rules, 2 CCR 402-7. Therefore, the water may be withdrawn in those annual amounts for a maximum of 100 years.
Records in this office indicate that there is an existing well, operating under well permit no. 258841, located on the subject property. Permit no. 258841 was issued on August 24, 2004 pursuant to C.R.S. 37-92-602(3)(b)(II)(A) as the only well on 40 acres described as part of the SW ¼ of Sec. 26, Twp. 4 S, Rng. 64 W, Sixth P.M.. The well is withdrawing water from the not-nontributary Denver aquifer and is permitted to be used for fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of more than one (1) acre of home gardens and lawns. However, Section 37-92-602(3)(b)(III), C.R.S., requires that the cumulative effect of all wells in a subdivision be considered when evaluating material injury to decreed water rights. According to the Applicant the existing well operated under permit no. 258841 will be used to serve one of the lots in the proposed subdivision therefore the well must be re-permitted to operate pursuant to the court approved augmentation plan in case no. 19CW3008 prior to subdivision approval.
The applicant should be aware that any proposed detention pond for this project, must meet the requirements of a “storm water detention and infiltration facility” as defined in section 37-92-602(8), Colorado Revised Statutes, to be exempt from administration by this office. The applicant should review DWR’s Administrative Statement Regarding the Management of Storm Water Detention Facilities and Post-Wildland Fire Facilities in Colorado to ensure that the notification, construction and operation of the proposed structure meets statutory and administrative requirements. The applicant is encouraged to use Colorado Stormwater Detention and Infiltration Facility Notification Portal, located at https://maperture.digitaldataservices.com/gvh/?viewer=cswdif, to meet the notification requirements.
Laing Subdivision July 10, 2019 Page 3 of 3
State Engineer’s Office Opinion
Based on the above, it is our opinion, pursuant to C.R.S. § 30-28-136(1)(h)(I), it is our opinion that the proposed water supply is adequate and can be provided without causing injury to decreed water rights, as long as the existing well (currently permit no. 258841) is re- permitted to operate pursuant to the court approved augmentation plan in case no. 19CW3008, prior to subdivision approval.
Our opinion that the water supply is adequate is based on our determination that the amount of water required annually to serve the subdivision is currently physically available, based on current estimated aquifer conditions.
Our opinion that the water supply can be provided without causing injury is based on our determination that the amount of water that is legally available on an annual basis, according to the statutory allocation approach, for the proposed uses is greater than the annual amount of water required to supply existing water commitments and the demands of the proposed subdivision.
Our opinion is qualified by the following:
The Division 1 Water Court has retained jurisdiction over the final amount of water available pursuant to the above-referenced decree, pending actual geophysical data from the aquifer.
The amounts of water in the Denver Basin aquifers, and identified in this letter, are calculated based on estimated current aquifer conditions. For planning purposes the county should be aware that the economic life of a water supply based on wells in a given Denver Basin aquifer may be less than the 300 years used for allocation due to anticipated water level declines. We recommend that the county determine whether it is appropriate to require development of renewable water resources for this subdivision to provide for a long-term water supply.
If you, or the applicant, have any questions please contact Ailis Thyne at 303-866-3581 x8216.
Sincerely,
Page 1 of 12
COLORADO
RIGHTS OF:
ELAM ARTHUR-LELAND LAING
IN ARAPAHOE COUNTY.
COURT USE ONLY
Case Number: 2019CW3008
FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING OF THE REFEREE, AND
JUDGMENT AND DECREE OF THE WATER COURT
A claim for nontributary and not nontributary groundwater and approval of plan for
augmentation was filed in this case on January 29, 2019. All matters contained in the application
having been reviewed, testimony having been taken where such testimony is necessary, and such
corrections made as are indicated by the evidence presented herein, the following is hereby the
Ruling of the Referee:
Elam Arthur-Leland Laing
Bennett, CO 80102
2. Opposers: No statements of opposition were filed and the time for filing such statements
has expired.
3. Subject matter jurisdiction: Timely and adequate notice of the application was published
as required by statute, and the Court has jurisdiction over the subject matter of this proceeding
and over the parties affected hereby, whether they have appeared or not.
DATE FILED: June 17, 2019 7:16 AM CASE NUMBER: 2019CW3008
Water Court Decree
OF GROUNDWATER RIGHTS
4. Aquifers and location of groundwater: Applicant seeks a decree for rights to
groundwater in the not nontributary Denver and nontributary Upper and Lower Arapahoe and
Laramie-Fox Hills aquifers underlying 40 acres located in the SW1/4 of Section 26, T4S, R64W
of the 6th P.M., Arapahoe County, as described and shown on Attachment A hereto ("Subject
Property"). Applicant is the owner of the Subject Property.
5. Well locations, pumping rates and annual amounts: The groundwater may be withdrawn
at rates of flow necessary to withdraw the annual amounts decreed herein. The groundwater will
be withdrawn through any number of wells necessary, to be located at any location on the
Subject Property and as provided for herein. The following amounts are available for
withdrawal subject to the Court’s retained jurisdiction in this matter. Applicant waives any 600
foot spacing rule for wells located on the Subject Property, but must satisfy Section 37-90-
137(4), C.R.S. for wells owned by others on adjacent properties. The following average annual
amounts are available for withdrawal subject to the Court's retained jurisdiction in this matter:
Saturated
Upper Arapahoe 130 feet 8.8 acre-feet (NT)
Lower Arapahoe 95 feet 6.4 acre-feet (NT)
Laramie-Fox Hills 145 feet 8.7 acre-feet (NT)
*Annual available amount reduced by 4 acre-feet annually for Well Permit No. 258841.
The amounts conform to the values and amounts referenced in the State Engineer's
Determination of Facts dated March 14, 2019.
6. Decreed Uses: The water will be used, reused, and successively used for domestic,
commercial, industrial, irrigation, livestock watering, fire protection, and augmentation purposes,
including storage, both on and off the Subject Property.
7. Final average annual amounts of withdrawal:
A. Final determination of the applicable average saturated sand thicknesses and
resulting average annual amounts available to Applicant will be made pursuant to the retained
jurisdiction of this Court, as described in paragraph 24 below. The Court shall use the acre-foot
amounts in paragraph 5 herein in the interim period, until a final determination of water rights is
made.
B. The allowed annual amount of groundwater which may be withdrawn through the
wells specified above and any additional wells, pursuant to Section 37-90-137(10), C.R.S., may
exceed the average annual amount of withdrawal, as long as the total volume of water withdrawn
through such wells and any additional wells therefor subsequent to the date of this decree does
not exceed the product of the number of years since the date of the issuance of any well permits
Page 3 of 12
or the date of this decree, whichever is earliest in time, multiplied by the average annual amount
of withdrawal, as specified above or as determined pursuant to the retained jurisdiction of the
Court. However, amounts set forth in well permits will not be exceeded.
8. Source of groundwater and limitations on consumption:
A. The groundwater to be withdrawn from the Upper and Lower Arapahoe and
Laramie-Fox Hills aquifers is "nontributary groundwater" as defined in Section 37-90-103(10.5),
C.R.S., and in the Denver Basin Rules, the withdrawal of which will not, within 100 years of
continuous withdrawal, deplete the flow of a natural stream, including a natural stream as
defined in Section 37-82-101(2) and Section 37-92-102(1)(b), C.R.S., at an annual rate greater
than 1/10 of 1% of the annual rate of withdrawal. The groundwater to be withdrawn from the
Denver aquifer is "not nontributary" as defined in Sections 37-90-103(10.7) and 37-90-
137(9)(c.5), C.R.S., and 3 acre-feet per year of Denver aquifer groundwater decreed herein may
be withdrawn pursuant to the augmentation plan decreed herein.
B. Applicant may not consume more than 98% of the annual quantity of water
withdrawn from the nontributary aquifers. The relinquishment of 2% of the annual amount of
water withdrawn to the stream system, as required by the Denver Basin Rules effective January
1, 1986, may be satisfied by any method selected by the Applicant and satisfactory to the State
Engineer, so long as Applicant can demonstrate that an amount equal to 2% of such withdrawals
(by volume) has been relinquished to the stream system.
C. There is unappropriated groundwater available for withdrawal from the subject
aquifers beneath the Subject Property, and the vested water rights of others will not be materially
injured by such withdrawals as described herein. Withdrawals hereunder are allowed on the
basis of an aquifer life of 100 years, assuming no substantial artificial recharge within 100 years.
No material injury to vested water rights of others will result from the issuance of permits for
wells which will withdraw not nontributary and nontributary groundwater or the exercise of the
rights and limitations specified in this decree.
9. Additional wells and well fields:
A. Applicant may construct additional and replacement wells in order to maintain
levels of production, to meet water supply demands or to recover the entire amount of
groundwater in the subject aquifers underlying the Subject Property. As additional wells are
planned, applications shall be filed in accordance with Section 37-90-137(10), C.R.S.
B. Two or more wells constructed into a given aquifer shall be considered a well
field. In effecting production of water from such well field, Applicant may produce the entire
amount which may be produced from any given aquifer through any combination of wells within
the well field.
C. In considering applications for permits for wells or additional wells to withdraw
the groundwater which is the subject of this decree, the State Engineer shall be bound by this
Page 4 of 12
decree and shall issue said permits in accordance with provisions of Section 37-90-137(10),
C.R.S.
D. In the event that the allowed average annual amounts decreed herein are adjusted
pursuant to the retained jurisdiction of the Court, Applicant shall obtain permits to reflect such
adjusted average annual amounts. Subsequent permits for any wells herein shall likewise reflect
any such adjustment of the average annual amounts decreed herein.
10. Conditions:
For each well constructed pursuant to this decree, Applicant shall comply with the
following conditions:
A. A totalizing flow meter shall be installed on the well discharge pipe prior to
withdrawing any water therefrom, and shall be maintained and operational at all times for the life
of the well. Applicant shall keep accurate records of all withdrawals by the well, make any
calculations necessary, and submit such records to the Water Division 1 Engineer upon request.
B. The entire length of the open bore hole shall be geophysically surveyed prior to
casing and copies of the geophysical log submitted to the Division of Water Resources.
Applicant may provide a geophysical log from an adjacent well or test hole, pursuant to Rule 9A
of the Statewide Rules and acceptable to the State Engineer, which fully penetrates the aquifer,
in satisfaction of the above requirement.
C. Groundwater production shall be limited to the subject aquifers. Plain,
unperforated casing must be installed and properly grouted to prevent withdrawal from or
intermingling of water from zones other than those for which the well was designed.
D. Each well shall be permanently identified by its permit number, this Water Court
Case Number, and the name of the producing aquifer on the above-ground portion of the well
casing or on the pump house.
PLAN FOR AUGMENTATION
11. Plan for augmentation:
A. Water to be augmented: 3 acre-feet per year of not nontributary Denver aquifer
groundwater decreed herein.
B. Water to be used for augmentation: Return flows associated with use of the not
nontributary Denver aquifer and return flows or direct discharge of nontributary groundwater
decreed herein.
C. The Denver aquifer groundwater will be used to serve two residences (1.5 acre-
feet per residence), through one or more wells, including an existing well (Permit No. 258841).
Each residence will use 1.5 acre-feet per year for in-house use (0.3 acre-feet), irrigation of
Page 5 of 12
19,000 square feet of lawn, garden, and trees (1.1 acre-feet), and stock watering of up to 8 large
domestic animals (0.1 acre-feet). Return flow from in-house use through non-evaporative septic
systems is 90% of the annual amount used for in-house use (0.27 acre-feet per well).
D. Replacement during pumping: During pumping of the Denver aquifer
groundwater, Applicant will replace actual depletions to the affected stream system pursuant to
Section 37-90-137(9)(c.5), C.R.S. In the 100th year, the total depletion is approximately 17.23%
of the amount withdrawn or 0.26 acre-feet for each well. Return flows associated with in-house
use from each residence (0.27 acre-feet) is sufficient to replace actual depletions associated with
pumping of 1.5 acre-feet per year through each residence. Return flows accrue to Box Elder
Creek. Because return flows from all uses are estimated rather than measured, Applicant agrees
that such return flows shall be used only to replace depletions under this plan for augmentation
and will not be sold, leased, traded, or assigned in whole or in part for any other purpose.
E. Post-pumping Depletion Augmentation: Assuming maximum pumping of 3
acre-feet per year for 100 years from the Denver aquifer, the maximum total depletion to the
affected stream systems is approximately 18.3% of the annual amount withdrawn or 0.55 acre-
feet in the 120th year. Applicant will reserve 3 acre-feet per year and 300 acre-feet total of the
nontributary Laramie-Fox Hills aquifer groundwater decreed herein for use in this plan, but
reserves the right to substitute the use of other nontributary groundwater, including return flows,
either underlying the Subject Property, or from another location which is legally available for
such purpose, for replacement of post-pumping depletions at such time that post-pumping
depletions may begin. The Court retains continuing jurisdiction in this matter to determine if the
supply is adequate.
F. Applicant will begin making post pumping replacements when: the total amount
of groundwater allowed to be withdrawn (300 acre-feet) has been withdrawn from the well or
wells; the Applicant or successors in interest have acknowledged in writing that all withdrawals
for beneficial use of the groundwater has permanently ceased; or for a period of 10 consecutive
years that no groundwater has been withdrawn. At the time that post pumping depletions begin
as described in this paragraph, Applicant or successors in interest will be required to construct a
well and pump groundwater to replace post pumping depletions, subject to the terms and
conditions of paragraph 11.E. This condition constitutes a covenant running with the land.
G. Applicant will replace post-pumping depletions for the shortest of the following
periods: the period provided by Section 37-90-137(9)(c.5), C.R.S.; the expressed period
specified by the Colorado Legislature, should it specify one and providing the Applicant obtains
Water Court approval for such modification; the period determined by the State Engineer, should
he or she choose to set such a period and have jurisdiction to do so; the period established
through rulings of the Colorado Supreme Court on relevant cases, or until Applicant petitions the
Water Court and the State Engineer's Office and proves that they have complied with any
statutory requirement.
12. Failure of Applicant or successors in interest to comply with the terms of the decree may
result in an order of the Division Engineer's office to curtail or eliminate pumping of the wells.
This decree shall be recorded in the real property records of Arapahoe County so that a title
Page 6 of 12
examination of the property, or any part thereof, shall reveal to all future purchasers the
existence of this decree.
13. Administration of plan for augmentation:
A. Applicant shall report to the Division Engineer for Water Division 1 upon request,
a summary of the annual withdrawals, on an accounting form acceptable to the Division
Engineer.
B. All withdrawals which are the subject of this decree will be metered.
C. Pursuant to Section 37-92-305(8), C.R.S., the State Engineer shall curtail all out-
of-priority diversions, the depletions from which are not so replaced as to prevent injury to
vested water rights.
D. The Applicant or successors in interest at the direction of the Division Engineer
shall make post-pumping replacements to the South Platte River stream system via Box Elder
Creek pursuant to the amounts to be calculated using the percentage referenced on the depletion
curve attached hereto on Attachment B.
14. Retained jurisdiction for plan for augmentation:
A. Pursuant to Section 37-92-304(6), C.R.S., the Court retains continuing jurisdiction
over the plan for augmentation decreed herein for reconsideration of the question whether the
provisions of this decree are necessary and/or sufficient to prevent injury to vested water rights
of others. The Court also has jurisdiction for the purposes of determining compliance with the
terms of the augmentation plan.
B. Any person seeking to invoke the retained jurisdiction of the Court shall file a
verified petition with the Court. The petition to invoke retained jurisdiction or to modify the
Decree shall set forth with particularity the factual basis and the requested decretal language to
effect the petition. The party lodging the petition shall have the burden of going forward to
establish prima facie facts alleged in the petition. If the Court finds those facts to be established,
Applicant shall thereupon have the burden of proof to show: (1) that any modification sought by
Applicant will avoid injury to other appropriators, or (2) that any modification sought by
Objector is not required to avoid injury to other appropriators, or (3) that any term or condition
proposed by Applicant in response to the Objector's petition does avoid injury to other
appropriators.
C. The Court retains jurisdiction for the purpose of determining whether the
continued reservation of the nontributary water for use on the Subject Property is required. After
notice to the State Engineer's Office, if Applicant can demonstrate to the Court that post-
pumping depletions need no longer be replaced, the Court may remove the requirement that the
nontributary water must be reserved.
Page 7 of 12
CONCLUSIONS OF LAW
15. The Water Court has jurisdiction over this proceeding pursuant to Section 37-90-137(6),
C.R.S. This Court concludes as a matter of law that the application herein is one contemplated
by law pursuant to Section 37-90-137(4), C.R.S. The application for a decree confirming
Applicant’s right to withdraw and use all unappropriated groundwater from the nontributary
aquifers beneath the Subject Property as described herein pursuant to Section 37-90-137(4),
C.R.S., should be granted, subject to the provisions of this decree. The application for a decree
confirming Applicant’s right to withdraw and use groundwater decreed herein from the Denver
aquifer should be granted pursuant to Section 37-90-137(4) and (9)(c.5), C.R.S., subject to the
provisions of this decree. The withdrawal of up to 3 acre-feet per year and no more than 300
acre-feet total of the Denver aquifer groundwater and in accordance with the terms of this decree
will not result in material injury to vested water rights of others. The remaining decreed amount
of Denver aquifer groundwater will not be withdrawn and used until it is included in a separate
augmentation plan.
16. This plan for augmentation satisfies the requirements of Section 37-90-137(9)(c.5),
C.R.S., for replacement of actual depletions associated with the withdrawal of the Denver aquifer
groundwater.
JUDGMENT AND DECREE
The Findings of Fact and Conclusions of Law set forth above are hereby incorporated
into the terms of this Ruling and Decree as if the same were fully set forth herein.
17. Full and adequate notice of the application was given, and the Court has jurisdiction over
the subject matter and over the parties whether they have appeared or not.
18. Applicant may withdraw the subject groundwater herein through wells to be located
anywhere on the Subject Property in the average annual amounts and at the estimated average
rates of flow specified herein, subject to the limitations herein and the retained jurisdiction by
this Court.
19. Applicant may withdraw up to 3 acre-feet per year and no more than 300 acre-feet total
of the Denver aquifer groundwater under the plan for augmentation decreed herein pursuant to
Section 37-90-137(9)(c.5), C.R.S.
20. Applicant has complied with all requirements and met all standards and burdens of proof,
including but not limited to Sections 37-90-137(9)(c.5), 37-92-103(9), 37-92-302, 37-92-304(6),
37-92-305(1), (2), (3), (4), (6), (8), (9), C.R.S., to adjudicate the plan for augmentation and is
entitled to a decree confirming and approving the plan for augmentation as described in the
findings of fact.
21. Pursuant to Section 37-92-305(5), C.R.S., the replacement water herein shall be of a
quality so as to meet the requirements for which the water of the senior appropriator has
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normally used.
22. The plan for augmentation as described in the findings of fact is hereby approved,
confirmed, and adjudicated, including and subject to the terms and conditions specified herein.
23. No owners of or person entitled to use water under a vested water right or decreed
conditional water right will be injured or injuriously affected by the operation of the plan for
augmentation as decreed herein.
24. Retained Jurisdiction:
A. The Court retains jurisdiction as necessary to adjust the average annual amounts
of groundwater available under the Subject Property to conform to actual local aquifer
characteristics as determined from adequate information obtained from wells, pursuant to Section
37-92-305(11), C.R.S. Within 60 days after completion of any well decreed herein or any test
hole(s), Applicant or any successor in interest to these water rights shall serve copies of such
log(s) upon the State Engineer.
B. At such time as adequate data is available, any person, including the State
Engineer, may invoke the Court's retained jurisdiction to make a Final Determination of Water
Right. Within four months of notice that the retained jurisdiction for such purpose has been
invoked, the State Engineer shall use the information available to him to make a final
determination of water rights findings. The State Engineer shall submit such finding to the
Water Court and the Applicant.
C. If no protest to such finding is made within 60 days, the Final Determination of
Water Rights shall be incorporated into the decree by the Water Court. In the event of a protest,
or in the event the State Engineer makes no determination within four months, such final
determination shall be made by the Water Court after notice and hearing.
D. In the interim, the Court retains jurisdiction pursuant to § 37-92-305(11), C.R.S.
25. Continuing Jurisdiction:
Pursuant to Section 37-92-304(6), C.R.S., the Court retains continuing jurisdiction over
the plan for augmentation decreed herein for reconsideration of the question of whether the
provisions of this decree are necessary and/or sufficient to prevent injury to vested water rights
of others. The Court also retains continuing jurisdiction for the purpose of determining
compliance with the terms of the augmentation plan.
26. The groundwater rights decreed herein are vested property rights decreed to the Applicant
and shall be owned by the Applicant until such time as the Applicant expressly conveys all the
groundwater underlying the Subject Property, or a portion of the groundwater to another entity
through a deed that identifies this case number, the specific aquifer, and the annual volume
(based on a 100 year aquifer life) or a total volume of groundwater being conveyed. If any deed
for the Subject Property is silent to the conveyance of the water rights decreed herein, it is
Page 9 of 12
assumed that the water rights have been conveyed with the Subject Property, unless all or part of
the water rights have been specifically reserved by the Grantor in that deed.
27. After the referee ruling was entered in this case on May 21, 2019, paragraph 11 was amended
to clarify the number of wells used to serve the residences. The amendments were approved by
the Office of the State Engineer. The referee finds that this change does not require an extension
of the protest period.
Date: June 10, 2019
Water Division One
The court finds that no protest was filed in this matter. The foregoing ruling is confirmed
and approved and is made the judgment and decree of this Court.
Date: June 17, 2019
Telephone: 303.571.3306 Facsimile: 303. 571.3284
donna.l.george@xcelenergy.com
January 11, 2019
Arapahoe County Public Works and Development 6924 South Lima Street Centennial, CO 80112
Attn: Kelsea Dombrovski
Re: Laing Subdivision, Case # PM18-005
Public Service Company of Colorado’s (PSCo) Right of Way and Permits Referral Desk has reviewed the plat for Laing Subdivision. Please be aware that PSCo owns and operates existing underground electric distribution facilities to a pad mount transformer and requests an 8-foot dry wide utility easement, that being 4-feet on each side of the underground line, and that it is shown on the plat.
Please note that the online documentation did not include a “plan set”.
The property owner/developer/contractor must complete the application process for any new electric service or modification to existing facilities via FastApp-Fax-Email-USPS (go to: https://www.xcelenergy.com/start,_stop,_transfer/new_construction_service_activation_for_buil ders). It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. Additional easements may need to be acquired by separate document for new facilities.
As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center at 1-800-922-1987 for utility locates prior to construction.
Please contact me at donna.l.george@xcelenergy.com or 303-571-3306 if there are any questions with this referral response.
Donna George Right of Way and Permits Public Service Company of Colorado
Stricken per 1/11/19 conversation between Donna George and Kelsea Dombrovski.
From: Raymond Winn To: Kelsea Dombrovski; Roger Harvey Cc: Jason Reynolds Subject: RE: PM18-005: Cash-in-Lieu, Other Comments Date: Monday, January 14, 2019 11:53:03 AM Attachments: image002.png
Kelsea,
Open Spaces will ALWAYS ask for the use of the appraisal method in section 14-11.05.02 when calculating land value for Cash-in-Lieu. The reason for this is that OS cannot buy land for the cost given in the assumed value method as this is completely outdated and undervalued. Therefore, we will NOT accept this value in lieu of providing park land.
Let me know if you have any questions.
Thanks Klesa for the heads up!
Best,
Ray Winn Cheyenne-Arapahoe and Long’s Pine Grove Parks Planning and design: https://4squaremileparks.com/
Open Spaces Planner
Centennial, CO 80112
Hello Roger and Ray,
Referral comments for PM18-005 are due tomorrow, 1/15, and I wanted to check in with you
**Assumed value cash in lieu determination acceptable for this project per phone conversation with Roger Harvey.
6162 S. Willow Dr., Suite 100 Greenwood Village, CO 80111 303-220-9200
January 24, 2019 Kelsea Dombrovski Arapahoe County Public Works and Development 6924 S. Lima Street Centennial, CO 80112 RE: Laing Subdivision, PM18-005 TCHD Case No. 5398 Dear Ms. Dombrovski, Thank you for the opportunity to review and comment on the Preliminary Plat to divide a 40-acre parcel into two 20-acre parcels located at 2484 S. Manila Road. Tri-County Health Department (TCHD) staff has reviewed the application for compliance with applicable environmental and public health regulations and principles of healthy community design. After reviewing the application, TCHD has the following comments. On-Site Wastewater Treatment System (OWTS) Proper wastewater management promotes effective and responsible water use, protects potable water from contaminants, and provides appropriate collection, treatment, and disposal of waste, which protects public health and the environment. Existing The proposed lot line must maintain the required minimum setback of 10 feet from the soil absorption area. According to the site plan submitted by the applicant, the setback from the proposed lot line will be 10 feet, 4 inches from the existing soil absorption area. TCHD has no objection to the proposed subdivision provided the existing OWTS meets the required setbacks in TCHD’s current OWTS Regulation. More information is available at http://www.tchd.org/269/Septic-Systems. Proposed Subdivision TCHD has no objection to the proposed subdivision being served by Onsite Wastewater Treatment Systems (OWTS), provided the systems are permitted, installed, and operated in compliance with our current OWTS regulation. Please feel free to contact me at 720-200-1575 or kboyer@tchd.org if you have any questions on TCHD’s comments. Sincerely,
Kathy Boyer, REHS Land Use and Built Environment Specialist III cc: Sheila Lynch, Dylan Garrison, TCHD
January 7, 2019
UDFCD Maintenance Eligibility Program Referral Review Comments Project: Laing Subdivision Stream: Empty Draw UDFCD MEP Phase: Referral UD MEP ID: 105898 Dear Kelsea Dombrovski, This letter is in response to the request for our comments concerning the referenced project. We appreciate the opportunity to review this proposal. We have reviewed this proposal only as it relates to major drainage features, in this case:
Empty Draw
We have the following comments to offer:
1. The site is bisected east-west by Empty Draw, a channel tributary to Box Elder Creek, and an
unnamed south tributary that confluences with Empty Draw within this property.
2. From the materials submitted for review, there is no indication that improvements are planned
for construction on the site. Therefore, we have no objections to this proposal. In the future, if
the site is improved or roadway crossings are constructed, we will have an interest and would
like to review them for UDFCD maintenance eligibility.
Please feel free to contact me with any questions or concerns. Sincerely, Urban Drainage and Flood Control District
Teresa Patterson, P.E., CFM Watershed Services Program
Planning case 1-PM18-005 – Referrals- RTC
Letter of Response to Comments includes : AC Comments from Planning, Mapping, Engineering and
Zoning and Outside referral 23 pgs
PLAT REDLINE and COUNTY RESPONSES
Planning,Engineering, Mapping and Zoning
1-PM18-005 ESD Staff Report
Noted and reviewed; three pages. Page three with comments and reference to redlines. Redline
comments will be addressed with the plat corrections. Reviewed verbally with Engineering – Curt
Cotten.
1-PM18-005 Laing Sudivision ADDRESS PLAT
Noted and reviewed; To be executed with final plat upon approval. Reviewed with planner Dombrovski
and Mapping- Karen Kennedy A copy is submitted with second submittal with understanding that
Address Plat may be subject to further change or ratification based upon FINAL PLAT APPROVAL.
Per direction, Address Plat will be recorded with final approval.
1-PM18-005 Plan Set REDLINES
Noted and reviewed; See modification of initial submittal addressing redline comments. SECOND
SUBMITTAL WILL REFLECT CORRECTIONS and changes.
1-PM18-005-Coyote Run Upper Box Elder Creek Outfall Systems Planning Study
Noted and reviewed (387 pgs)
1-PM18-005-Sight Triangles Note for Clients.
Noted and reviewed; Language will be added to plat and site triangle defined in Final Plat..
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1-PM18-005- Referral Comments ( 23 pgs)
Page 1-2 - Bennett School District; noted and reviewed – Cash in Lieu contribution no action at this
time.
Page 3-4- Bennett fire Bennett noted and reviewed; ”Watkins Fire Rescue (BWFR) has no objections
on this case. We only request that the applicant keep in mind that any new development on the
subdivided lot will need to be reviewed and permitted by BWFR prior to commencement or
construction. “
Page 5- Century Link noted and reviewed; “This is in response the request of Arapahoe County,
Colorado to review PM 18-005 for the Laing Subdivision. CenturyLink’s Field Engineer Katherine
Liebetrau has reviewed the Plat and has determined that CenturyLink has no comments or objections.”
Page 6- noted and reviewed; referral routing reply, Tom Coker, “I HAVE NO OBJECTION TO THIS
PROJECT. If this project enhances growth in the area and the well and septic system are deemed ok to
go, I support this endeavor. “
Page 7 -Arapahoe County Oil and Gas noted and reviewed;“ no comment on this project”
Page 8-10- East Arapahoe Advisory Planning Committee noted and reviewed ; “No comment”
page 11-12 -Colorado Geological Survey noted and reviewed ; “The site does not contain, nor is it
exposed to, any geologic hazards that would preclude the slight increase in density. CGS therefore has
no objection to approval of the two-lot minor subdivision as proposed. “ Advisory comments to be
addressed at time of building by sub-surface soils investigation and foundation design based upon soils
tests and findings.
Page 13 -East End Advisory Board – noted and reviewed; Deferred comment. “ I defer any comments
toward a decision to the adjacent property owners. Their opinions should carry the most influence. “
Page 14 -Sheriff's Office noted and reviewed; no comment
page 15 - Sheriff's office – Community Resources noted and reviewed ; no comment
page 16 - East Arapahoe County Advisory Planning Commission Joe Southerland , noted and
reviewed ; no comment
Page -17-18 Division of Water noted and reviewed; Counsel has been retained to prepare and execute
court process for augmentation plan.
Page 19 -X-cel Energy noted and reviewed; easement will be added to plat.
Page 20-21- Arapahoe County Open Space noted and reviewed; cash-in-lieu comment
Page 22 – Tri – County Health noted and reviewed; “TCHD has no objection to the proposed
subdivision being served by Onsite Wastewater Treatment Systems (OWTS), provided the systems are
permitted, installed, and operated in compliance with our current OWTS regulation. “
Page 23- Urban Drainage and Flood Control District noted and reviewed; “ We have the following
comments to offer: 1. The site is bisected east-west by Empty Draw, a channel tributary to Box Elder
Creek, and an unnamed south tributary that confluences with Empty Draw within this property. 2. From
the materials submitted for review, there is no indication that improvements are planned for
construction on the site. Therefore, we have no objections to this proposal. In the future, if the site is
improved or roadway crossings are constructed, we will have an interest and would like to review them
for UDFCD maintenance eligibility. “
Any future site improvement plans will be shared with UDFCD.
Planning case 1-PM18-005 Referral Comments Division of Water
Response to Comments of the Water Engineer’s Second Letter
Subdivision applicant, Laing, understands and expects that the water supply is subject to the decreed
terms and allowances of Colorado Division Water Court case 19CW3008. These terms have been
addressed in Letter from State Engineer dated July 10, 2019.
Requirements subsequent to the issuance of the State Engineers letter include: the Arapahoe County
requirement to have existing well #258841 re-permitted prior to the approval of a final mylar.
Conversation with the State Engineer on July 15, 2019 require submittal of additional narrative to allow
for single point of withdrawal to accompany the GWS-76 previously submitted.
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Reference well file 258841
Ec. Subdivision 25118
Pursuant to conversation with State Water Resource Engineer, Joanna Williams, on July 15, 2019, this
narrative is being submitted to the State Engineer and Arapahoe County to define applicant's water
supply plan per allowance within decree 19CW3008.
Applicant made hand written reference to paragraph 11 section c of above decree in the GWS-76
application. Colorado Form GWS-76 lacks a section for applicant to provide narrative and the
handwritten reference in GWS-76 section 9 was not recognized as an adequate description of the water
supply plan. Please find narrative below to define applicant's plan.
Applicant's plan (as per above referenced decree section 11.c. and reviewed by referee and State
Engineer's office in decree section 27 ) :
Denver aquifer groundwater will be used to serve two residences through one or more wells including
well permit 258841. All withdrawal of water will conform to volume as defined and allowed within
restrictions of decree 19CW3008. Applicant will re-permit existing well as directed by the State
Engineer's office and required by Arapahoe County. Applicant will execute a shared well use
agreement.
Applicant respectfully requests addition of this narrative to the file associated with the Laing Minor
subdivision and revision of State Engineer's review letter to reflect above water plan.
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FINAL PLAT
LAING SUBDIVISION
A PARCEL OF LAND IN THE SW 1/4