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: or public uses.

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 Water Supply System: or stock water are not included.

. . .Separate water supply systems used solely for irrigation

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 32 nd

Comparison Growth     Colorado = 30.6% Utah = 29.6% Idaho = 28.5% Montana = 12.9%    South Dakota = 8.5% Nebraska = 8.4% North Dakota = .5%  National Average = 13.2%

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

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

Counties with Out-Migration  Uinta  Washakie  Albany  Weston  Goshen  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%  11 th 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. 21 st Street Cheyenne, WY 82001 307-635-4888 www.hblawoffice.com