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Subdivision Development Within Irrigation Districts

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Title: Subdivision Development Within Irrigation Districts


1
Subdivision Development Within Irrigation
Districts
  • Dealing with the Conflict Between Irrigation
    Water Use and Residential Development

2
Todays 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

3
I. Introduction
  • Wyoming Subdivision Statutes
  • Summary of Wyoming Counties Subdivision
    Regulations
  • Wyoming Growth Patterns
  • WWDC Irrigation System Survey Report

4
Wyoming 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

5
W.S. 18-5-301 Authority
  • Vested in Board of County Commissioners in which
    the land is located
  • Each County approaches this Issue Differently

6
W.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.

7
W.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

8
W.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.

9
W.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

10
W.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)

11
W.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

12
The 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

13
W.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

14
W.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

15
W.S. 18-5-309 Permit Fee
  • Greater of 100 or 10/lot
  • Maximum Fee 1,000

16
W.S. 18-5-311 Investigatory Powers
  • Board has ability to investigate
  • Board may
  • Administer oaths
  • Adduce evidence
  • Require production
  • Request Court Orders

17
W.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

18
W.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

19
W.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

20
W.S. 18-5-315 Provisions Minimum
  • Boards may enact regulations that are more
    restrictive
  • Local provisions are not superseded by Article
    provisions

21
Summary of County Subdivision Regulations
  • Provides website or other contact information
  • Provides regulation dates

22
Wyoming Population Change (1990-2000)
  • 1970-1983
  • 50 Increase
  • 1983-1990
  • 10 Decrease
  • 1990-2000
  • Growth Rate 8.9
  • Wyoming Ranked 32nd

23
Comparison 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

24
Wyoming 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

25
Other Counties Exceeding State Average Growth Rate
  • Johnson 15.1
  • Campbell 14.7
  • Sheridan 12.7
  • Laramie 11.6
  • Park 11.3

26
Counties Losing Population
  • Carbon -6.1
  • Niobrara -3.7
  • Sweetwater -3.1
  • Washakie -1.2

27
Causes 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

28
In-Migration Growth
  • Teton
  • Sublette
  • Johnson
  • Sheridan
  • Park
  • Crook
  • Big Horn
  • Platte

29
Counties with Out-Migration
  • Uinta
  • Albany
  • Weston
  • Goshen
  • Washakie
  • Sweetwater
  • Niobrara
  • Carbon

30
Rural vs. Urban Growth
  • Rural Growth Areas
  • Sublette
  • Lincoln
  • Crook
  • Fremont
  • Urban Growth Areas
  • Natrona

31
Wyomings 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

32
Second Home Growth (cont)
  • Increased by more than 30
  • National Average 16.1
  • Utah 41.2

33
Wyoming 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

34
Neighboring 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

35
Wyoming Counties Second Home Statistics
  • Sweetwater County 2
  • Campbell County 2
  • Sublette County 26
  • Teton County 20
  • Lincoln County 13.4
  • Carbon County 12.6

36
Future 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

37
WWDC Irrigation System Survey Report - 2003
  • Approximately 176 Entities Surveyed
  • 22 Reported Subdivisions as Problems
  • Many who have problems, didnt report

38
II. Issues Raised in Districts by Subdivisions
  • Inadequacy of Delivery Systems
  • Ground Water Impacts
  • Quantity
  • Quality
  • Liability Concerns

39
Inadequacy of Delivery Systems
  • Irrigation Systems not Constructed to Deliver
    Water to Small Acreages
  • Historical Points of Diversion and Means of
    Conveyance

40
Ground Water Impacts
  • Reduction of Surface Irrigation results in
  • Ground Water Quantity Reductions
  • Ground Water Quality Concerns

41
Recent Study
  • Montana Bureau of Mines and Geology Report on the
    Yellowstone Valley
  • West of Billings

42
Study Results - Quantity
  • 80-90 of groundwater is historically from
    irrigation
  • From 1990-2000
  • Population increased 26
  • Irrigated Lands decreased 23

43
Study Results - Quantity
  • When subdivisions consume irrigated fields the
    residents may well be depleting the very ground
    water they hope to tap

44
Study 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.

45
Liability Concerns
  • Always an Issue
  • Increased Population increases chances of
    incidents

46
Liability 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

47
III. County Planning Process
  • Review Countys Existing Subdivision Regulations
  • Potential Modification of County Subdivision
    Regulations
  • Wheatland Irrigation District Example

48
Wheatland 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

49
Wheatland Irrigation District Example
  • Amendment to Platte County Regulations
  • Approval from District is Required Prior to
    Application being Deemed Complete

50
Wheatland 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.

51
Platte County Planning Office
  • Distribute Subdivision Packets
  • Introductory Letter
  • Wyoming State Statute
  • Platte County Amended Regulations
  • Flow Chart
  • WID Water Plan Approval Form

52
WID 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

53
IV. 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

54
Questions?
  • Kara Brighton
  • Hageman Brighton, P.C.
  • 222 E. 21st Street
  • Cheyenne, WY 82001
  • 307-635-4888
  • www.hblawoffice.com
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