Good news on the water front!
The Water Decree to eliminate the need for pumped and most supplemental augmentation water while allowing a small percentage of lot owners to continue using their Denver wells for stock and agricultural purposes is complete. The final Water Decree was filed May 18, 2023 and has been filed in the Douglas County Real Property Records.
The Water Decree requires the 22 lot owners listed in the decree who wish to continue using their Denver aquifer well to file an application for a new well permit with the State Engineer via the Colorado Division of Water Resources. The application must be filed within six months of the decree filing date (so by November 18, 2023) and include an affidavit confirming ownership of the water and decree compliance. A template for the affidavit is attached to the decree.
Water Decrees relating to the Subdivision:
These are the relevant decrees for the subdivision wells with a description provided by attorney Steve Jeffers of Lyons Gaddis, PC:
Double-click on items in the first column to reach Hotlinks to original documents.
|The oldest decree W-8568 was for the first 100 lots and allowed irrigation of only 1,300 square feet on each lot. 82CW203 amended the original plan to substitute the LFH well as a source of replacement for the earlier described Arapahoe well.|
|83CW32 just increased the amount of LFH water decreed for the well on the subdivision. Some of that water was deeded to the POA to be used in the augmentation plans.|
|The next decree 89CW068 increased the irrigated area allowed on each lot to up to 3,900 square feet, and allowed up to 4 horses on each lot if the irrigated area is a little smaller. These augmentation decrees were for wells in the Denver aquifer.|
|99CW198 was to define the available water under the subdivision from the Arapahoe wells, and to approve an augmentation plan for those wells, including wells on the open space parcels for the first time. It increased the irrigated area to 5,000 square feet if an Arapahoe well is used.|
WaterDecree6-2021CW3207 Eliminates the need for pumped and most supplemental augmentation water while allowing a small percentage of lot owners to continue using their Denver wells for stock and agricultural purposes.