Subdivision Development Within Irrigation Districts

Dealing with the Conflict Between

Irrigation Water Use and Residential Development

Today’s Presentation Introduction

Wyoming Subdivision Statute Wyoming County Summary Wyoming’s Population Growth

Issues Raised by Subdivision Development

County Planning Process – Irrigation District’s Role Wheatland Irrigation District Example

Conclusion

I. Introduction Wyoming Subdivision Statutes Summary of Wyoming Counties’

Subdivision Regulations Wyoming Growth Patterns WWDC Irrigation System Survey

Report

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

W.S. 18-5-301: Authority Vested in Board of County

Commissioners in which the land is located

Each County approaches this Issue Differently

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.

W.S. 18-5-303: Exemptions from Provisions

Single Gift or Sale to Member of Landowner’s Immediate Family

Eminent Domain Boundary Line Adjustments Creates Cemetery Lots Parcels are 35 Acres or Larger

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.

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

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)

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

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

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

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

W.S. 18-5-309: Permit Fee

Greater of $100 or $10/lot

Maximum Fee = $1,000

W.S. 18-5-311: Investigatory Powers

Board has ability to investigate Board may:

Administer oaths; Adduce evidence; Require production

Request Court Orders

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

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

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

W.S. 18-5-315: Provisions Minimum

Boards may enact regulations that are more restrictive

Local provisions are not superseded by Article provisions

Summary of County Subdivision Regulations

-Provides website or other contact information-Provides regulation dates

Wyoming Population Change (1990-2000)

1970-1983: 50% Increase

1983-1990: 10% Decrease

1990-2000: Growth Rate = 8.9%

Wyoming Ranked 32nd

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%

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%

Other Counties Exceeding State Average Growth Rate

Johnson = 15.1% Campbell = 14.7% Sheridan = 12.7% Laramie = 11.6% Park = 11.3%

Counties Losing Population Carbon = -6.1%

Niobrara = -3.7%

Sweetwater = -3.1%

Washakie = -1.2%

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

In-Migration Growth Teton

Sublette

Johnson

Sheridan

Park

Crook

Big Horn

Platte

Counties with Out-Migration Uinta

Albany

Weston

Goshen

Washakie

Sweetwater

Niobrara

Carbon

Rural vs. “Urban” Growth Rural Growth

Areas Sublette Lincoln Crook Fremont

Urban Growth Areas Natrona

Wyoming’s Second Home Growth (1990-2000)

3,000 new housing units in State

Represents 14% of total increase in housing units

5.5% of Wyoming’s housing units are second homes

Second Home Growth (cont)

Increased by more than 30%

National Average = 16.1%

Utah = 41.2%

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%

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

Wyoming Counties Second Home Statistics

Sublette County = 26%

Teton County = 20%

Lincoln County = 13.4%

Carbon County = 12.6%

Sweetwater County = 2%

Campbell County = 2%

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”

WWDC Irrigation System Survey Report - 2003

Approximately 176 Entities Surveyed

22 Reported Subdivisions as Problems

Many who have problems, didn’t report

II. Issues Raised in Districts by Subdivisions

Inadequacy of Delivery Systems Ground Water Impacts

Quantity Quality

Liability Concerns

Inadequacy of Delivery Systems

Irrigation Systems not Constructed to Deliver Water to Small Acreages

Historical Points of Diversion and Means of Conveyance

Ground Water Impacts Reduction of Surface Irrigation

results in:

Ground Water Quantity Reductions

Ground Water Quality Concerns

Recent Study Montana Bureau of Mines and

Geology Report on the Yellowstone Valley West of Billings

Study Results - Quantity 80-90% of groundwater is

historically from irrigation

From 1990-2000 Population increased 26% Irrigated Lands decreased 23%

Study Results - Quantity When subdivisions consume

irrigated fields – the residents may well be depleting the very ground water they hope to tap

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 aquifer’s ability to dilute and flush nitrates and dissolved solids is also reduced.

Liability Concerns

Always an Issue

Increased Population increases chances of incidents

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

III. County Planning Process Review County’s Existing Subdivision

Regulations Potential Modification of County

Subdivision Regulations Wheatland Irrigation District

Example

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

Wheatland Irrigation District Example

Amendment to Platte County Regulations Approval from District is Required Prior

to Application being Deemed Complete

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.”

Platte County Planning Office

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

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

IV. Conclusion County Controls Subdivision Process Wyoming is Changing Irrigation Districts are Struggling Subdivisions Raise Issues Irrigation District’s Role in Planning

Process May Require Regulation Amendments

Questions?

Kara Brighton

Hageman & Brighton, P.C. 222 E. 21st Street Cheyenne, WY 82001 307-635-4888 www.hblawoffice.com