Title: Subdivision Development Within Irrigation Districts
1Subdivision Development Within Irrigation
Districts
- Dealing with the Conflict Between Irrigation
Water Use and Residential Development
2Todays Presentation
- Introduction
- Wyoming Subdivision Statute
- Wyoming County Summary
- Wyomings Population Growth
- Issues Raised by Subdivision Development
- County Planning Process Irrigation Districts
Role - Wheatland Irrigation District Example
- Conclusion
3I. Introduction
- Wyoming Subdivision Statutes
- Summary of Wyoming Counties Subdivision
Regulations - Wyoming Growth Patterns
- WWDC Irrigation System Survey Report
4Wyoming Subdivision Statute (18-5-301 18-5-315)
- Authority
- Definitions
- Exemptions
- Permit Required
- Enforcement
- Minimum Requirements
- Planning Commission
- Board Approval
- Permit Fee
- Investigatory Powers
- Penalties
- Minimum Provisions
5W.S. 18-5-301 Authority
- Vested in Board of County Commissioners in which
the land is located - Each County approaches this Issue Differently
6W.S. 18-5-302 Definitions
- Person includes individual, corporation,
association. - Subdivision creation of division of a lot,
tract, parcel or other unit of land for immediate
or future purpose of sale or development for
residential, recreational, industrial, commercial
or public uses. - Water Supply System . . .Separate water supply
systems used solely for irrigation or stock water
are not included.
7W.S. 18-5-303 Exemptions from Provisions
- Single Gift or Sale to Member of Landowners
Immediate Family - Eminent Domain
- Boundary Line Adjustments
- Creates Cemetery Lots
- Parcels are 35 Acres or Larger
8W.S. 18-5-304 Permit Required
- No person shall subdivide land or commence the
physical layout or construction of a subdivision
without first obtaining a subdivision permit from
the board of the county in which the land is
located.
9W.S. 18-5-305 Enforcement
- In accordance with Wyoming Administrative
Procedures Act - Counties shall adopt rules and regulations as
necessary to implement provisions of Act and
insure compliance with intent and purpose of the
article
10W.S. 18-5-306 Minimum Requirements for Permits
- Compliance with zoning regulations
- Survey Plat
- Title
- Sewage System Study
- Easements
- Water Supply System Study
- Roadway Access
- Evidence of Financial Resources
- Proof of Notice
- Water Rights
- Conservation District review (60 days)
- DEQ Review of sewage and water supply systems (30
days)
11W.S. 18-5-306(a)(xi) Appurtenant Water Rights
- Prior to Final Approval, subdivider shall
provide - Evidence of relinquishment to SEO (Authorization
to Detach) OR - Evidence of petitions to Board of Control OR
- Water Distribution Plan approved by SEO AND
- If located within Irrigation District, evidence
that plan has been submitted AND - Evidence of notice on all offers and
solicitations
12The Subdivision Gap
- The Board may EXEMPT from the minimum
requirements the subdivision of one or more units
of land into not more than a total of five units
of land - Lots that are 35 acres or larger are EXEMPT
13W.S. 18-5-307 Planning Commission
- Board may delegate ability to receive and
evaluate applications to Planning Commission - Planning Commission may make findings and
recommendations to Board within 45 days
14W.S. 18-5-308 Board Approval
- Board shall approve or disapprove subdivision
application and issue permit - Within 45 days after receiving Planning
Commission recommendation - If no Planning Commission, within 60 days after
DEQ recommendation
15W.S. 18-5-309 Permit Fee
- Greater of 100 or 10/lot
- Maximum Fee 1,000
16W.S. 18-5-311 Investigatory Powers
- Board has ability to investigate
- Board may
- Administer oaths
- Adduce evidence
- Require production
- Request Court Orders
17W.S. 18-5-312 Enforcement
- Enforceable by all appropriate legal remedies
including to, but not limited to - Injunctive Relief
- Writ of Mandamus
- Board may request Attorney General to initiate
civil or criminal proceedings
18W.S. 18-5-313 False Statements Penalty
- False statements in publication or advertisement
is punishable by - Imprisonment for a period not to exceed 30 days
OR - Fined not to exceed 500
- Each day of violation constitutes a new offense
19W.S. 18-5-314 Penalties
- Any person who willfully violates any provision
of the Article is subject to - Imprisonment not to exceed 30 days OR
- Fined not more than 500
- Each day of violation constitutes a new offense
20W.S. 18-5-315 Provisions Minimum
- Boards may enact regulations that are more
restrictive - Local provisions are not superseded by Article
provisions
21Summary of County Subdivision Regulations
- Provides website or other contact information
- Provides regulation dates
22Wyoming Population Change (1990-2000)
- 1970-1983
- 50 Increase
- 1983-1990
- 10 Decrease
- 1990-2000
- Growth Rate 8.9
- Wyoming Ranked 32nd
23Comparison Growth
- Colorado 30.6
- Utah 29.6
- Idaho 28.5
- Montana 12.9
- National Average 13.2
- South Dakota 8.5
- Nebraska 8.4
- North Dakota .5
24Wyoming County Growth (1990-2000)
- Teton County 63.3
- Jackson 93.4
- Sublette County 22.2
- Lincoln County 15.4
- Afton, Alpine, and Thayne 45.6
25Other Counties Exceeding State Average Growth Rate
- Johnson 15.1
- Campbell 14.7
- Sheridan 12.7
- Laramie 11.6
- Park 11.3
26Counties Losing Population
- Carbon -6.1
- Niobrara -3.7
- Sweetwater -3.1
- Washakie -1.2
27Causes of Population Growth
- Natural Increase
- Births exceeding deaths among current residents
- 75 of 8.9 Growth
- In-Migration
- Net in-migration of individuals from outside the
region - 25 of 8.9 Growth
28In-Migration Growth
- Teton
- Sublette
- Johnson
- Sheridan
- Park
- Crook
- Big Horn
- Platte
29Counties with Out-Migration
- Uinta
- Albany
- Weston
- Goshen
- Washakie
- Sweetwater
- Niobrara
- Carbon
30Rural vs. Urban Growth
- Rural Growth Areas
- Sublette
- Lincoln
- Crook
- Fremont
- Urban Growth Areas
- Natrona
31Wyomings Second Home Growth (1990-2000)
- 3,000 new housing units in State
- Represents 14 of total increase in housing units
- 5.5 of Wyomings housing units are second homes
32Second Home Growth (cont)
- Increased by more than 30
- National Average 16.1
- Utah 41.2
33Wyoming County Second Home Growth (1990-2000)
- Hot Springs 300
- Niobrara 200
- Campbell 159
- Sweetwater 77.4
- Uinta 75.4
- Goshen 57.8
- Big Horn 0.4
- Johnson -2.5
34Neighboring States of Second Homes
- Montana 5.9
- Idaho 5.1
- Colorado 4
- Utah 3.9
- South Dakota 3
- Nebraska 1.6
- National Average 3.1
- Wyoming 5.5
- 11th Nationally
35Wyoming Counties Second Home Statistics
- Sweetwater County 2
- Campbell County 2
- Sublette County 26
- Teton County 20
- Lincoln County 13.4
- Carbon County 12.6
36Future Development
- American Farmland Trust Study
- Estimates more than 24 million acres of western
ranchland will be replaced by housing
developments by 2020 - Lists 2.6 million acres in Wyoming as vulnerable
ranchlands -
37WWDC Irrigation System Survey Report - 2003
- Approximately 176 Entities Surveyed
- 22 Reported Subdivisions as Problems
- Many who have problems, didnt report
38II. Issues Raised in Districts by Subdivisions
- Inadequacy of Delivery Systems
- Ground Water Impacts
- Quantity
- Quality
- Liability Concerns
39Inadequacy of Delivery Systems
- Irrigation Systems not Constructed to Deliver
Water to Small Acreages - Historical Points of Diversion and Means of
Conveyance
40Ground Water Impacts
- Reduction of Surface Irrigation results in
- Ground Water Quantity Reductions
- Ground Water Quality Concerns
41Recent Study
- Montana Bureau of Mines and Geology Report on the
Yellowstone Valley - West of Billings
42Study Results - Quantity
- 80-90 of groundwater is historically from
irrigation - From 1990-2000
- Population increased 26
- Irrigated Lands decreased 23
43Study Results - Quantity
- When subdivisions consume irrigated fields the
residents may well be depleting the very ground
water they hope to tap
44Study Results - Quality
- Water quality depends on irrigation to dilute
concentrations of nitrates and dissolved solids. - As irrigation is lost with the shift from
agricultural lands to subdivisions, the aquifers
ability to dilute and flush nitrates and
dissolved solids is also reduced.
45Liability Concerns
- Always an Issue
- Increased Population increases chances of
incidents
46Liability Concerns
- Yuma, Arizona Planning and Zoning Commission
- Requires all developments to construct barrier
walls along all irrigation district open-water
conveyances - Required in all areas subdivisions, industrial
and commercial
47III. County Planning Process
- Review Countys Existing Subdivision Regulations
- Potential Modification of County Subdivision
Regulations - Wheatland Irrigation District Example
48Wheatland Irrigation District Example
- Existing Process
- Permit Application Completed
- Request for Comment Circulated
- District analyze situation
- District Prepared Comment Letter
- District Attend Planning Commission
- District Attend County Commission
49Wheatland Irrigation District Example
- Amendment to Platte County Regulations
- Approval from District is Required Prior to
Application being Deemed Complete
50Wheatland Irrigation District Example
- Chapter III Permit Applications Procedures
- Section 3b Minimum Requirements
- The following items must accompany every
submittal - Approval from the Wheatland Irrigation District
on a form adopted by the District regarding
attached water rights.
51Platte County Planning Office
- Distribute Subdivision Packets
- Introductory Letter
- Wyoming State Statute
- Platte County Amended Regulations
- Flow Chart
- WID Water Plan Approval Form
52WID Water Plan Approval Form for Subdivision
- Explains Three Options Under Wyoming Subdivision
Statute - May Require Additional Documents
- Relinquishment Form
- Water Distribution Plan Agreement
- Change in Place of Use Agreement
53IV. Conclusion
- County Controls Subdivision Process
- Wyoming is Changing
- Irrigation Districts are Struggling
- Subdivisions Raise Issues
- Irrigation Districts Role in Planning Process
- May Require Regulation Amendments
54Questions?
- Kara Brighton
- Hageman Brighton, P.C.
- 222 E. 21st Street
- Cheyenne, WY 82001
- 307-635-4888
- www.hblawoffice.com