HomeMy WebLinkAbout04/26/2023 - Planning and Zoning Commission - AGENDA - Special MeetingPlanning and Zoning Commission Page 1 April 26, 2023
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Special Hearing
April 26, 2023
6:00 PM
David Katz, Chair City Council Chambers - City Hall West
Julie Stackhouse, Vice Chair 300 Laporte Avenue
Michelle Haefele Fort Collins, Colorado
Adam Sass
Ted Shepard Virtual (Zoom or Telephone)
Samantha Stegner Cablecast on FCTV Channel 14 on Connexion &
York Channels 14 & 881 on Comcast
Planning and Zoning Commission
Hearing Agenda
Participation for this hybrid Planning and Zoning Commission meeting will be available online, by phone, or in
person.
Public Participation (In Person): Individuals who wish to address the Planning & Zoning Commission in person may
attend the meeting located in City Council Chambers at City Hall, 300 Laporte Ave.
Public Participation (Online): Individuals who wish to address the Planning & Zoning Commission via remote
public participation can do so through Zoom at https://fcgov.zoom.us/j/99273488136. Individuals participating
in the Zoom session should also watch the meeting through that site.
The meeting will be available to join beginning at 5:45 p.m. on April 26, 2022. Participants should try to sign in
prior to 6:00 p.m. if possible. For public comments, the Chair will ask participants to click the “Raise Hand” button
to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants
have an opportunity to address the Commission.
(Continued on next page)
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Planning and Zoning Commission Page 2 April 26, 2023
x ROLL CALL
x AGENDA REVIEW
x PUBLIC PARTICIPATION
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has ended.
x CONSENT AGENDA
The Consent Agenda is intended to allow the Planning and Zoning Commission to quickly resolve items that
are non-controversial. Staff recommends approval of the Consent Agenda. Anyone may request that an
item on this agenda be “pulled” for consideration within the Discussion Agenda, which will provide a full
presentation of the item being considered. Items remaining on the Consent Agenda will be approved by the
Planning and Zoning Commission with one vote.
The Consent Agenda generally consists of Commission Minutes for approval, items with no perceived
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at that time – phone participants will need to hit *9 to do this. Staff will be moderating the Zoom session to ensure
all participants have an opportunity to address the Committee. Once you join the meeting: keep yourself on muted
status. If you have any technical difficulties during the hearing, please email smanno@fcgov.com.
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Individuals uncomfortable or unable to access the Zoom platform or unable to participate by phone are encouraged
to participate by emailing general public comments you may have to smanno@fcgov.com . Staff will ensure the
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please make that clear in the subject line of the email and send 24 hours prior to the meeting.
As adopted by City Council Ordinance 143, 2022, a determination has been made by the chair after consultation
with the City staff liaison that conducting the hearing using remote technology would be prudent.
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No Items listed.
x DISCUSSION AGENDA
1. Water Adequacy Determination Code Update
PROJECT
DESCRIPTION:
This is a request for a recommendation to City Council regarding proposed Land
Use Code changes to add specific regulations outlining how the City will make
a water adequacy determination for new development. The regulations are
divided into three different categories, one for Established Water Providers, one
for new providers and one for non-potable providers. The goal is to comply with
Colorado state statute (Section 29-20-301, et seq., C.R.S.) and to make sure
development has the necessary water supply.
APPLICANT:City of Fort Collins
413 S Bryan St
Fort Collins, CO 80521
STAFF ASSIGNED:Jenny Axmacher, Principal Planner
x OTHER BUSINESS
x ADJOURNMENT
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Development Review Staff Report Agenda Item 1
Planning Services Fort Collins, Colorado 80521 p. 970-416-4311 f. 970.224.6134 www.fcgov.com
Planning & Zoning Commission Extra Hearing – April 26, 2023
Land Use Code Amendment – Water Adequacy Determination Review Code Update
Summary of Request
This is a request for a recommendation to City Council
regarding proposed Land Use Code changes to add specific
regulations outlining how the City will make a water adequacy
determination for new development. The regulations are divided
into three different categories, one for Established Water
Providers, one for new providers and one for non-potable
providers. The goal is to comply with Colorado state statute
(Section 29-20-301, et seq., C.R.S.) and to make sure
development has the necessary water supply.
Next Steps
The Planning and Zoning Commission’s recommendation will
be forwarded to City Council as part of their consideration to
adopt the proposed Land Use Code changes.
Staff Recommendation
Approval of the proposed Land Use Code changes.
Applicant
City of Fort Collins
PO Box 580
Fort Collins, CO 80522
Staff
Jenny Axmacher, Principal Planner
p. (970) 416.8089
e. jaxmacher@fcgov.com
Contents
1. Project Introduction.................................... 1
2. Comprehensive Plan & City Policy
Alignment .................................................. 2
3. Summary of Proposed LUC Changes....... 3
4. Public Outreach ......................................... 4
5. Recommendation....................................... 4
6. Attachments............................................... 4
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1. Project Introduction
A. BACKGROUND
Water is a crucial and constrained resource, and the City strives to ensure that development meets the
community’s vision and expectations for responsible resource management. City Plan includes policies to ensure
water is used wisely and our community is prepared for a changing climate. The plan also supports managing
water resources in a manner that enhances and protects long-term water quality, supply, and reliability for
current and future residents.
The necessity for an updated water adequacy review program stems from the limited supply and high cost of
water resources, which have resulted in developers pursuing more creative ways to provide water to their
proposed developments, particularly projects striving to provide affordable housing or the denser development
patterns called for in City Plan. One development contemplating a more unique and potentially innovative
approach to supplying water resources is the Montava Planned Unit Development (PUD), which proposes a
groundwater-based water supply for both potable and non-potable water service. The developer believes this
system will improve the overall resiliency of the water supply for the area while also reducing the cost.
Because the City does not currently have a review process or criteria for “non-standard” water service models,
including groundwater systems, new policy and code are needed to confirm that future residents are adequately
served. While the Montava project has generated the immediate need for this type of review, staff believes a
comprehensive program could have benefits for reviewing all new developments moving forward, regardless of
the water source.
B. REQUIREMENT FOR WATER ADEQUACY REVIEW
This review process is being proposed to further effectuate a Colorado state statute (Section 29-20-301, et seq.,
C.R.S.), which states:
A local government shall not approve an application for a development permit unless it determines in its
sole discretion, after considering the application and all of the information provided, that the applicant has
satisfactorily demonstrated that the proposed water supply will be adequate. A local government shall
make such determination only once during the development permit approval process unless the water
demands or supply of the specific project for which the development permit is sought are materially
changed. A local government shall have the discretion to determine the stage in the development permit
approval process at which such determination is made.
For this regulation, the Colorado state statute defines some key terms, including the following. “’Adequate’
means a water supply that will be sufficient for build-out of the proposed development in terms of quality,
quantity, dependability, and availability to provide a supply of water for the type of development proposed and
may include reasonable conservation measures and water demand management measures to account for
hydrologic variability.” “’Water supply entity’ means a municipality, county, special district, water conservancy
district, water conservation district, water authority, or other public or private water supply company that supplies,
distributes, or otherwise provides water at retail.”
Currently, development within the City only occurs within the boundaries of existing City (Fort Collins Utilities)
and Special District water providers, such as Fort Collins-Loveland Water District and East Larimer County
Water District, and the adequacy determination is made through the issuance of a “will serve” letter from the
established water provider. The City receives a will serve letter from the provider during the building permit
process for the new development. A will serve letter states that the provider has the infrastructure and capacity
to provide water service to the proposed development project and commits to providing that service.
Pursuant to state statute, ‘will serve’ letters meeting certain requirements may satisfy the water adequacy
determination, but staff will soon be faced with a proposal that is outside the bounds of the current system and
needs a more robust and transparent process to evaluate the more complex proposal. It is partly the
responsibility of the City to ensure that future residents are well served by an adequate system.
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2. Comprehensive Plan & City Policy Alignment
A. CITY PLAN
City Plan (2018) offers the following guidance related to water supply in the city. The proposed LUC changes
align to this guidance:
Principle LIV 9: Encourage development that reduces impacts on natural ecosystems and promotes sustainability
and resilience.
Policy LIV 9.2 - OUTDOOR WATER USE Promote reductions in outdoor water use by selecting low-water-use
plant materials, using efficient irrigation, improving the soil before planting and exploring opportunities to use non
potable water for irrigation.
Principle ENV 6: Manage water resources in a manner that enhances and protects water quality, supply and
reliability.
Policy ENV 6.1 - WATER RESOURCE PLANNING Partner and collaborate with water service providers to ensure
adequate, safe and reliable water supplies in accordance with the Water Supply and Demand Management
Policy. To the extent feasible, coordinate on supply and storage development and demand modeling.
Policy ENV 6.2 - WATER CONSERVATION AND EFFICIENCY Continue and enhance water conservation,
efficiency and education programs in accordance with the City’s Water Efficiency Plan. Consider new and revised
land-use and site-planning standards to reduce water use in both new and redevelopment projects. Where
possible, coordinate on programs and services to create consistent experiences for users regardless of their
location and water service provider.
Policy ENV 6.3 - DROUGHTS AND VULNERABILITY Develop drought and vulnerability planning that takes into
consideration the future impacts of climate change; potential demand changes from increased urban and
multifamily developments; and other hazards and vulnerabilities, such as disruption of supplies due to wildfires.
Partner and collaborate with water service providers in the GMA.
Principle SC 3: Minimize risks to life, infrastructure and property from natural hazards or exposure to hazardous
materials.
Principle HI 1: Be a model for equitable, effective and transparent local governance.
Policy HI 1.8 - SERVICE PROVIDERS Coordinate closely with and promote coordination among service
providers in needs assessment, facility siting and other matters to ensure continuing delivery of effective,
equitable and efficient services.
B. HOUSING STRATEGIC PLAN
The Housing Strategic Plan (2021) provides the following guidance related to water supply. The proposed LUC
changes align to this guidance:
18. Increase awareness and opportunities for creative collaboration across water districts and other regional
partners around the challenges with water costs and housing.
Why Prioritized? Water costs have a significant impact on housing development costs; addressing water cost
challenges creates opportunity to improve affordability and housing product diversity. Acknowledges regional
nature of water and seeks opportunities for education and collaborative solutions; potential for direct impact on
sustainability and affordability.
C. CLIMATE ACTION PLAN
Our Climate Future (2021) provides the following guidance related to water supply within the City. The proposed
LUC changes align to this guidance:
Big Move 3 – Climate Resilient Community: People, buildings, watersheds and ecosystems are prepared for the
threats of climate change.
CRC1 - Adopt a holistic approach to integrated water resource planning and management (One Water Approach)
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CRC3 - Expand and enhance water efficiency programs and incentives.
CRC4 - Update codes to address existing and new developments’ indoor and outdoor water efficiency.
Big Move 5 – Live, Work and Play Nearby: No matter where we live, we all can meet our basic daily needs
without driving across town.
LWPN4 - Increase density and mixed uses through the land use code as guided by City Plan.
Big Move 7 – Healthy, Affordable Housing: Everyone has stable, healthy housing they can afford.
HAH3 - Increase the number and diversity of housing types and allow more homes per lot (density) via an update
to the City’s Land Use Code.
D. CITY STRATEGIC PLAN
The water adequacy determination review can be viewed as a tool kit to look at water affordability and support
sustainable development patterns and objective 1.6 of the City’s 2022 Strategic Plan.
1.6 Transform regulations and revise procedures to increase clarity and predictability to ensure new development
advances adopted City plans and policies.
3. Summary of Proposed LUC Changes
The proposed Land Use Code changes may be found in Attachment 1, and include an amendment to Article
Three, adding Division 3.12, and adding nine new definitions to Article Five, Section 5.1.2 Definitions. A summary
of the proposed changes include:
1. Article Three, Division 3.12 – Water Adequacy Determinations
The proposed new division is to establish the standards and procedures by which the adequacy of proposed
water supplies for development are reviewed and determined pursuant to Section 29-20-301, et seq., C.R.S.
The subsequent sections outline the applicability, application, and procedures and standards for the three
different review types:
x Established potable water supply entities, such as Fort Collins-Loveland Water District and East Larimer
County Water District.
x Other potable water supply entities such as new private water supplies or metro districts.
x Non-potable water supply entities, such as irrigation water supplied by metro districts.
Established Entities
For established water suppliers, the code provides options for compliance through review of water supply
plans or letters from engineers detailing how the water supply system functions. Once an initial approval is
completed, the process would move forward similarly to what the City does now with will serve letters.
Other Entities
A more detailed process is proposed for other water providers and the City has identified the following
characteristics for evaluation criteria:
x Water Quality
x Quantity of Water
x Dependability of Supply and Supplier
o Supply Resiliency
o System Redundancy
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o Maintenance and Outages
x Availability of Supply
x Financial Sustainability of Supplier Capitalization
In general, the standards compare the new proposed system to the existing municipal utility.
Non-potable Entities
The criteria for non-potable systems looks to make sure the supply has enough quantity and quality to support
the associated uses such as irrigation for landscape.
Updates made after 4/14/2023
Updates were made to the draft code to improve clarity, incorporate feedback from stakeholders, and to
amend the review process. The review process now allows for a larger scale review for other (non
established) potable water supply entities instead of a phased approval process with confirmation letters with
each subsequent phase. A redlined document noting all the changes between the draft in the prior packet is
included with the new draft in this updated packet.
2. Article Five, Division 5.1.2 ൞ Definitions
The proposed change to Division 5.1.2 is to add the following definitions that relate to the water adequacy
determination review process and provide additional clarity on specific terms used in that section.
Adequate shall mean a water supply that will be sufficient for build-out of the proposed development in
terms of quality, quantity, dependability, and availability to provide a supply of water for the lifetime of the
type of development proposed, and may include reasonable conservation measures and water demand
management measures to account for hydrologic variability.
Established Potable Water Supply Entities shall mean the City of Fort Collins, the East Larimer County
Water District, the Fort Collins-Loveland Water District, the Sunset Water District, and the West Fort
Collins Water District.
Non-Potable Water shall mean water that has not been treated to state and federal standards safe for
human consumption, but can be placed to beneficial uses, including irrigation, dust suppression, toilet and
urinal flushing, or make-up water for mechanical equipment.
Non-Potable Water Supply Entities shall mean the water supply entities, either Established Potable Water
Supply Entities or other water supply entities that provide water that does not meet the state and federal
standards for human consumption to developments for the beneficial uses of Non-Potable Water.
Other Potable Water Supply Entities shall mean the water supply entities other than the Established
Potable Water Supply Entities that provide potable water service, including new proposed water supplies.
Potable water shall mean water, also known as drinking water, that is treated to levels which meet state
and federal standards for human consumption.
Water Adequacy Determination shall mean a determination that the proposed water supply for a
development is adequate.
Water supply entity shall mean a municipality, county, special district, water conservancy district, water
conservation district, water authority, or other public or private water supply entity that, at the time of the
application, or within three years of application, supplies, distributes, or otherwise provides water at retail.
Water supply system shall mean all infrastructure planned or used to divert and deliver water to a
development.
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4. Public Outreach
A. BACKGROUND
This proposed Land Use Code change did not include specific public outreach meetings for the general public,
however information on the code update was provided on the website, including an educational video. A press
release on the update was also issued. Staff provided information on the update and gathered feedback at the
April 14, Planning & Zoning Commission work session as well as at the April 20 Water Commission meeting.
Staff met with representatives from the following groups to present the draft code updates as well to solicit
feedback:
x West Fort Collins Water District
x East Larimer County Water District
x Fort Collins Loveland Water District
x Hartford Homes/Bloom
x HF2M/Montava
x Polestar Gardens/Polestar Village
Staff also received a call from the Sunset Water District expressing they did not have concerns about the update
based on their perceived lack of development in their district boundary which they state is entirely in an
unincorporated area. Save the Poudre also stated they had no concerns with the proposed update.
In general, the stakeholder feedback included an appreciation to discuss the proposed code and a better
understanding of the intent after the meetings. The main point of contentions expressed included:
x Ability of established providers to “veto” new systems. There was both support and concern over this
concept.
x The disparity between review criteria for established providers and new providers.
x The perception that the City was trying to regulate Special Districts through the review of a water supply
plan or letter establishing the District’s resources.
x A desire for more cooperation and consistency between all water suppliers.
x Concerns on not duplicating review efforts between other processes, especially for non-potable systems.
x Concerns over review costs
x Feedback that some metrics were vague.
x Feedback on the review timing proposed (FDP versus DCP) with a desire to complete the determination
sooner.
x Feedback that there is a desire to be able to review new service for an entire development and then true
up each phase at the time of final plan or BDR.
x Concerns on tight review timing for code update.
Written comments were received from many of the stakeholders outlined above and are included in the packet.
The information for the hearing packet is posted in the Development Review webpage.
Notice (Posted, Written and Published)
Published Notice: April 9, 2023. Coloradoan
5. Recommendation
Staff recommends the Planning and Zoning Commission forward a recommendation to City Council to approve
the proposed Land Use Code changes.
6. Attachments
1. Proposed Land Use Code Changes
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2. Redline Draft Changes
3. Staff Presentation
4. Written Comments from Stakeholders
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Amend Section 3.7.3, Adequate Public Facilities
Add Subsection (G):
(G)Water Supply Adequacy. The determination required by Section 29-20-301, et seq., C.R.S., whether
the proposed water supply for development is adequate is not addressed in this Section but is set forth
in Division 3.13.
Division 3.13 - Water Adequacy Determinations
Section 3.13.1 - Purpose.
The general purpose of this Division is to establish the standards and procedures by which the adequacy
of proposed water supplies for development are reviewed and determined pursuant to Section 29-20-
301, et seq., C.R.S. The specific purposes are to:
(A) Fulfill the Colorado Revised Statutes Section 29-20-303(1) requirement that the City “shall not
approve an application for a development permit unless it determines in its sole discretion, after
considering the application and all of the information provided, that the applicant has
satisfactorily demonstrated that the proposed water supply will be adequate.”;
(B) Protect public health, safety, and welfare by ensuring that the water supplies for developments
are adequate;
(C) Ensure that growth and development in the City occur in a planned and coordinated manner;
(D) Ensure that the City is provided with reliable information concerning the adequacy of
developments’ proposed water supplies to inform the City, in the exercise of its discretion, in
the approval of development applications and permits;
(E) Promote safe, efficient, and economic use of public resources in developing and providing
water; and
(F) Ensure City participation in the review and approval of development plans that pass through
and impact City residents, businesses, neighborhoods, property owners, and resources.
Section 3.13.2 - Applicability.
This Division shall apply to all development, or redevelopment, that requires new, expanded, or
increased water use, whether potable or non-potable, within the incorporated municipal boundaries of
the City. No such development or redevelopment shall be approved and allowed to proceed unless the
Director has determined that the proposed water supply for the development or redevelopment is
adequate.
(A) Temporary non-potable systems to establish native vegetation are exempt from these
requirements, if the term of use is three consecutive years or less and identified as such on an
approved landscape plan.
(B) Except as stated in Subsection 3.13.5(D), the modification of standards review set forth in
Division 2.8 shall not apply to this Division 3.13.
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Section 3.13.3 Application.
(A)Application Timing. An applicant seeking a water adequacy determination shall file an
application with the Director pursuant to this Division at the same time as submitting an
application for final plan or basic development review, as outlined in Divisions 2.5 and 2.18,
unless the application timing is altered pursuant to any of the following:
(1) Upon written request at the time of application, the Director may defer the timing of an
application for a water adequacy determination for potable or non-potable water until
submittal with a development construction permit (Division 2.6) if the Director determines
such timing will not substantially interfere with or otherwise make it more difficult to
determine whether the proposed water supply is adequate.
(2) Upon written request at the time of application, the Director may defer the timing of an
application for a water adequacy determination for potable water until submittal with a
building permit (Division 2.7), if the provider is an established potable water supply entity
and the Director determines such timing will not substantially interfere with or otherwise
make it more difficult to determine whether the proposed water supply is adequate.
(B)Separate Applications. The applicant shall file separate applications for water adequacy
determinations for each portion of the development served by different water supply entities or
water supply systems unless the Director determines separate applications are not required.
Subsequent sections in this Division provide distinctions in the evaluation process for
established potable water supply entities, other potable water supply entities, and non-potable
water supply entities.
(C)Material Changes. The City shall make a determination that a proposed water supply is
adequate only once for each portion of a development served by a different potable or non-
potable water supply entities or water supply systems during the development review process
unless the water demands or supply of the portion of the development for which approval is
sought are materially changed. The Director shall determine whether changes to the water
demands or supply for any development or redevelopment are material and require a new
water adequacy determination. The Director’s determination that a material change has
occurred is not subject to appeal pursuant to the Land Use Code or Code of the City of Fort
Collins.
(D)Application After Director Denial. If the Director denies an application for a water adequacy
determination, the applicant may submit another application, subject to applicable fees, at any
time that addresses the stated reason or reasons for denial.
Section 3.13.4 - Procedures and Standards for Water Adequacy Determinations: Established Potable
Water Supply Entities
(A)Application Requirements.
(1) Requests under this Section shall include a letter as described in Subsection (a), unless
exempted pursuant to Subsection (b).
(a) A letter prepared by a registered professional engineer or by a water supply expert
from the established potable water supply entity stating:
1. An estimate of the water supply requirements for the proposed development
through build-out conditions;
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2. A description of the physical source(s) of water supply that will be used to serve
the proposed development. If the proposed source includes groundwater, this
description must include water quality test results and results of an analysis into
the potential impact on water treatment processes or the quality of delivered
potable water;
3. An estimate of the amount of water yield projected from the proposed water
supply under various hydrologic conditions including long term variability and
future climate risk;
4. Water conservation measures, if any, that may be implemented within the
proposed development;
5. Water demand management measures, if any, that may be implemented to
address hydrologic variations;
6. Results from analyses performed demonstrating the ability for the proposed
water supply to meet demands of the proposed development under various
hydrologic conditions;
7. An affidavit signed by the entity manager attesting that to the best of their
knowledge the entity in compliance with all applicable regulations;
8. Such other information as may be required by the Director in order to determine
whether the proposed water supply will be adequate;
9. Has been reviewed by City Council and is on file with the City’s Community
Development and Neighborhood Services Department; and
10. At the established potable water supply entity's discretion, the letter may
describe their entire service area and be submitted for a determination once and
updated as required based on any material changes to any of the requirements in
this Section or in their reported supply as described in Subsection 3(C). If the
letter describes the entire service area, then the entity does not need to resubmit
the approved letter with each letter as outlined in Subsection (2) but should be
referenced within the letter content in addition to what is outlined in Subsection
(2).
(b) The letter described in Subsection (a) shall not be required if the established potable
water supply entity has a water supply plan, or plans that cumulatively provide the
information, that:
1. Has been reviewed and updated, if appropriate, within the previous ten years by
the governing board of the established potable water supply entity;
2. Has a minimum twenty-year planning horizon;
3. Lists the water conservation measures, if any, that may be implemented within
the service area;
4. Lists the water demand management measures, if any, that may be implemented
within the development or service area;
5. Includes a general description of the water supply entity's water obligations;
6. Includes a general description of the water supply entity's water supplies;
7. An affidavit signed by the entity manager attesting that, to the best of their
knowledge, the entity in compliance with all applicable regulations; and
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8. Has been reviewed by City Council and is on file with the City’s Community
Development and Neighborhood Services Department. The Director may defer
the Council review requirement until such time as the established potable water
supply entity updates their existing water supply plan. Once the plan, or plans, are
on file, they do not need to be resubmitted with each letter as outlined in
Subsection (2) but should be referenced within the letter content in addition to
what is outlined in Subsection (2).
(2) Requests for a water adequacy determination for all or portions of a development to be
served with potable water by an established potable water supply entity shall be in a form
as required by the Director. Such requests shall include a letter prepared by a registered
professional engineer or by a water supply expert from the Established Potable Water
Supply Entity:
(a) Identifying the portions of a development to be served with potable water by the
established potable water supply entity;
(b) Stating its ability to provide an adequate water supply for the proposed development;
(c) Stating it is willing to commit to provide an adequate water supply for the proposed
development including any conditions of the commitment; and
(d) Providing the length of time the letter is valid for, should the proposed development
not occur immediately.
(B)Review of Application. The Director shall promptly review the application and associated
materials concurrently with the required Final Plan, Basic Development Review, Development
Construction Permit, or Building Permit application.
(C)Standards. To issue a determination that a proposed water supply is adequate under this
Section, the Director must find that the statements in the application and associated materials
are complete, correct, and reliable.
(D)Decision.
(1) Based upon the information provided by the applicant and developed by the City and any
consultants, the Director shall issue all water adequacy determinations pursuant to this
Section in writing including specific findings and shall either:
(a) Approve the application finding that the proposed water supply is adequate;
(b) Approve the application with conditions finding the proposed water supply is
adequate provided the conditions are met; or
(c) Deny the application finding that the proposed water supply is inadequate.
(2) All water adequacy determinations shall become part of the plan set for the associated
development application, if approved . The Director shall maintain a record of all
information submitted or developed upon which any water adequacy decision was based,
and that record shall become part of the associated development application.
(3) The Director may impose conditions of approval that when met, as determined by the
Director, will bring the proposed water supply into compliance with all applicable standards
set forth in this Section. No building permit may be issued until all conditions have been
met.
(4) The Director’s decision is not subject to appeal pursuant to the Land Use Code or Code of
the City of Fort Collins.
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Section 3.13.5 - Procedures and Standards for Water Adequacy Determinations: Other Potable Water
Supply Entities
(A)Application Requirements for Other Potable Water Supply Entities. Applications for a water
adequacy determination for all or portions of a development to be served with potable water by
other potable water supply entities shall be in a form as required by the Director. Such
applications shall include all of the following:
(1) A summary document linking the information to the standard of review.
(2) Report including information required under Section 29-20-304(1), C.R.S.:
(a) An estimate of the water supply requirements for the proposed development through
build-out conditions;
(b) A description of the physical source of water supply that will be used to serve the
proposed development. This should include water quality test results and proposed
methods of water treatment from a registered professional engineer;
(c) A description of the water rights either owned or planned for acquisition required for
proposed water supply;
(d) An estimate of the amount of water yield projected from the proposed water supply
under various hydrologic conditions;
(e) Water demand management measures, if any, that may be implemented within the
development to account for hydrologic variability; and
(f) Description of all water conservation measures to be applied in the development and
how they would be enforced and effectuated.
(3) Financial documentation establishing that the proposed provider is able to create the
proposed water supply system and maintain it in perpetuity.
(4) A fee assessment describing the proposed water rates and fees for the new system and how
those fees compare with those charged by the Established Potable Water Supply Entities.
This assessment should include consideration of any metro district, HOA, or other taxes or
fees that are also uniquely applicable to the proposed development to be served by the
other potable water supply entity.
(5) Approval documentation from other regulatory agencies such as CDPHE. At the Director’s
discretion, this information may substitute in whole or in part for the application
requirements set forth in this Section. If additional approvals will be required, provide an
explanation of how those approvals will be obtained, and at the Director’s discretion, the
additional approvals may be required as conditions of approval.
(6) Detailed information on any proposed water treatment processes as well as how any waste
products created from the treatment process will be properly disposed of.
(7) Such other information as may be required by the Director in order to determine whether
the proposed water supply will be adequate.
(8) An other potable water supply entity with an approved ODP or PUD Overlay as outlined in
Division 2.3 and Division 2.15 that includes the entire proposed service area, may at either
the other potable water supply entity’s, or Director’s discretion, submit an application that
describes their entire proposed service area once with the initial phase of development and
then update the initial determination with a letter from a professional engineer for each
subsequent phase with the information required in Section 3.13.4.(A) (2); or as required
based on any material changes to:
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(a) Any of the requirements set forth in this Section;
(b) The reported water supply as set forth in Section 3(C); or
(c) The proposed development, as determined by the Director.
(B)Review of Application.
(1)Agreement on Costs. Prior to the City reviewing any application under this Section, the
applicant shall agree in writing to reimburse the City for all costs associated with reviewing
the application and associated materials, including costs associated with consultants hired
to assist the Director’s review. No water adequacy determination shall be issued unless and
until all such costs have been paid to the City. The fee assessed by the City shall not exceed
the cost of the review and administration of the review process.
(2)Review.
(a) The Director shall review the materials provided by the applicant following the
completion of the agreement identified in the previous Subsection. The time needed
for the Director’s review shall be based on the complexity of the application, the
proposed water supply, and proposed water supply system.
(b) Following the submission of the application, the Director shall be entitled to require
any such additional or supplemental information from the applicant as may be
required to review and ensure compliance with all review criteria.
(c) The review will be completed concurrently with the required Final Plan, Basic
Development Review, Development Construction Permit, or any plan amendments as
specified in Section 3.
(C)Standards. To issue a water adequacy determination under this Section, the Director must find
that the application and associated materials establish that:
(1) The quality of the proposed potable water supply will be sufficient for build-out of the
proposed development by:
(a) Providing potable water to the development of a quality that meets or exceeds all
state and federal water quality standards;
(b) Providing potable water to the development of a quality equal to or better than the
quality of potable water provided by the City of Fort Collins as measured by
appropriate water quality aspects ; and
(c) Establishing and maintaining a water supply entity that has the technical expertise and
resources to maintain the quality of the water supply for the lifetime of the
development.
(2) The quantity of the proposed potable water supply will be sufficient for build-out of the
proposed development by:
(a) Relying upon a renewable and/or sustainable physical supply of water, that takes into
account any impacts if multiple users have rights to use water from a single source,
such as an aquifer;
(b) Having ability to acquire the water rights or water contracts that provide a permanent
firm yield equal to or greater than the maximum assumed demand in all hydrological
conditions, including a modeled one-in-fifty year drought, when taking into
consideration reasonable transit and other losses and all applicable obligations,
including augmentation requirements and return flow obligations; and
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(3) For lands to be served by tributary groundwater, establishing that the plan for
augmentation will operate to provide a permanent firm yield equal to or greater than the
maximum assumed demand in all hydrological conditions, including a modeled one-in-fifty
year drought, when taking into consideration reasonable losses and all applicable
obligations, including augmentation requirements and return flow obligations for the
lifetime of the development.
(4) The dependability of the proposed potable water supply will be sufficient for build-out of
the proposed development by:
(a) Establishing that the water supply system includes sufficient redundancy equal to or
better than the redundancy of the City of Fort Collins system;
(b) If the water supply system includes a water treatment facility, demonstrate how the
facility operators will ensure they have the technical expertise and resources to
operate the treatment facility dependably and sustainably in a manner that is
economical, safe, and that does not produce any harmful by-products. ;
(c) Establishing that the water supply system can operate during water supply shortages
and emergencies, including infrastructure issues, natural disasters, and long-term
climate change; and
(d) Establishing and maintaining a water supply entity that can oversee and maintain the
water supply system for the lifetime of the development.
(5) The availability of the proposed potable water supply will be sufficient for build-out of the
proposed development by:
(a) Establishing the applicant has, or has the ability to acquire, the necessary property
rights and resources to build and operate the proposed water supply system;
(b) For lands to be served by tributary groundwater, establishing that the proposed use of
the tributary groundwater is sustainable with evidence of assured supply for the
lifetime of the development; and
(c) For lands within the water service area of an established potable water supply entity,
establishing that the lands to be served by the other potable water supply entities
have been removed from the water service area of the established potable water
supply entity; or the established potable water supply entity consents to the proposed
service by the other potable water supply entity.
(D)Modification of Standards. If a potable water supply entity cannot meet the Fort Collins Utility
Standards set forth above, then they may seek a modification of standards pursuant to Division
2.8 with the Director as the designated decision maker. In addition to the four standards set
forth in Section 2.8.2(H) for granting a modification, the Director may also grant a modification if
such modification would not be detrimental to the public good and the standard as modified is
comparable to an existing standard already being employed by another established potable
water supply entity. The Director’s decision regarding a requested modification of standards is
not subject to appeal pursuant to the Land Use Code or Code of the City of Fort Collins.
(E)Decision.
(1) Based upon the information provided by the applicant and developed by the City and any
consultants, the Director shall issue all water adequacy determinations in writing including
specific findings and shall either:
(a) Approve the application finding that the proposed water supply is adequate;
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(b) Approve the application with conditions finding the proposed water supply is
adequate provided the conditions are met; or
(c) Deny the application finding that the proposed water supply is inadequate.
(2) All water adequacy determinations shall become part of the plan set for the associated
development application, if approved. The Director shall maintain a record of all non-
privileged information submitted or developed upon which the water adequacy
determination was based for the proposed water supply and proposed water supply system,
and that record shall become part of the associated development application.
(3) The Director may impose conditions of approval that when met, as determined by the
Director, will bring the proposed water supply into compliance with all applicable standards
set forth in this Section, including conditions that the applicant acquire the required water
right decrees and water contracts for the water supply system; and/or the applicant
completing construction of all infrastructure for the water supply system. No building permit
may be issued until all conditions have been met.
(4) The Director’s decision is not subject to appeal pursuant to the Land Use Code or Code of
the City of Fort Collins.
(5) The Director shall require a disclosure, recorded by the Larimer County Clerk, to be provided
at the time of all property sales or transfers that the water supply for the development is
being provided by the approved entity.
Section 3.13.6 - Procedures and Standards for Water Adequacy Determinations: Non-Potable Water
Supply Entities
(A)Application Requirements for Non-Potable Water Supplies. Applications for a water adequacy
determination for all or portions of a development to be served with untreated water shall
include all of the following:
(1) Summary document linking the information to the standard of review.
(2) Report including information required under Section 29-20-304(1), C.R.S.:
(a) An estimate of the water supply requirements for the proposed development
through build-out conditions;
(b) A description of the physical source of water supply that will be used to serve the
proposed development. This description must include water quality test results and
results of an analysis investigating any limitations of use due to poor quality;
(c) A description of the water rights either owned or planned for acquisition , contracts,
and/or IGAs required for the proposed water supply;
(d) An estimate of the amount of water yield projected from each proposed water
supply source under various hydrologic conditions. For surface water sources, this
should include results of an analysis of historical temporal availability of the
proposed supplies throughout the year, annual volumetric yield, and the frequency
and flow rate of deliveries. For groundwater sources, this should include
descriptions of the decreed place of use, flow rate, and annual volumetric limits,
and their temporal availability of the proposed supplies throughout the year based
on augmentation requirements;
(e) Water demand management measures, if any, that may be implemented within the
development to account for hydrologic variability; and
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(f) Description of all water conservation measures to be applied in the development
and how they would be enforced and effectuated. At a minimum, smart controllers
and flow meters are required per the Land Use Code.
(3) Financial documentation showing that the proposed provider is able to create the
proposed water supply system and maintain it in perpetuity.
(4) A narrative describing how the entity plans to ensure compliance equal to or better than
City water conservation requirements including those outlined in Division 3.2.
(5) Approval documentation from other regulatory agencies, including the established potable
water supply entity whose service area contains the proposed non-potable system. At the
Director’s discretion, this information may substitute in whole or in part for the application
requirements set forth in this Section.
(6) Such other information as may be required by the Director.
(B)Review of Application.
(1) Agreement on Costs. Prior to the City reviewing any application under this Section, the
applicant shall agree in writing to reimburse the City for all costs associated with reviewing
the application and associated materials, including costs associated with consultants hired
to assist the Director’s review. No water adequacy determination shall be issued unless
and until all such costs have been paid to the City. The fee assessed by the City shall not
exceed the cost of the review and administration of the review process.
(2)Review.
(a) The Director shall review the materials provided by the applicant following the
completion of the agreement identified in the previous Subsection. The length of the
Director’s review shall be based on the complexity of the application, the proposed
water supply, and proposed water supply system.
(b) Following the submission of the application, the Director shall be entitled to require
any such additional or supplemental information from the applicant as may be
required for the Director’s review.
(c) Applications for water adequacy determinations for Non-potable systems shall be
submitted at the same time as Development Construction Permit for review.
(C)Standards. To issue a water adequacy determination under this Section, the Director must
find that the application and associated materials establish that:
(1) The quality of the proposed non-potable water supply will be sufficient for build-out of
the proposed development by providing non-potable water to the development of a
quality sufficient to meet all planned landscape needs and other intended non-potable
water uses shown in the approved landscape or utility plans;
(2) The quantity of the proposed non-potable water supply will be sufficient for build-out of
the proposed development by:
(a) Relying upon a renewable and/or sustainable physical supply of water;
(b) Having water rights or water contracts that provide a permanent firm yield equal to
or greater than the maximum daily water requirement (accounting for typical
conveyance and irrigation and other inefficiencies) under various hydrological
conditions, including a modeled one-in-fifty year drought, when taking into
consideration all applicable obligations, including augmentation requirements and
return flow obligations; and
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(c) For lands to be served by tributary groundwater, establishing that the plan for
augmentation will operate to provide a permanent firm yield equal to or greater
than the maximum assumed demand under various hydrological conditions,
including a modeled one-in-fifty year drought, when taking into consideration all
applicable obligations, including augmentation requirements and return flow
obligations.
(3) The dependability of the proposed non-potable water supply will be sufficient for build-
out of the proposed development by:
(a) If the non-potable water supply system includes treatment, establishing that the
treatment can and will operate sustainably in a manner that is economical, safe, and
that does not produce any harmful by-products; and
(b) Establishing and maintaining a water supply entity that has the technical expertise
and resources to oversee and maintain the non-potable water supply system.
(4) The availability of the proposed water supply will be sufficient for build-out of the
proposed development by:
(a) Establishing the applicant has, or has the ability to acquire, the necessary property
rights and resources to build and operate the proposed non-potable water supply
system; and
(b) For lands to be served by tributary groundwater, establishing that the proposed use
of the tributary groundwater is sustainable with evidence of assured supply for the
lifetime of the development.
(D)Decision.
(1) Based upon the information provided by the applicant and developed by the City
and any consultants, the Director shall issue all water adequacy determinations in
writing including specific findings and shall either:
(a) Approve the application finding that the proposed water supply is adequate;
(b) Approve the application with conditions finding the proposed water supply is
adequate provided the conditions are met; or
(c) Deny the application finding that the proposed water supply is inadequate.
(2) The written determination shall be included in the plan set for the associated
development application, if approved. The Director shall maintain a record of all
non-privileged information developed to review the proposed water supply and
proposed water supply system and that record shall become part of the associated
development application.
(3) The Director may impose conditions of approval that when met, as determined by
the Director, will bring the proposed water supply into compliance with all
applicable standards set forth in this Section, including conditions that the applicant
acquire the required water right decrees and water contracts for the water supply
system. No building permit may be issued until all conditions have been met.
(4) The Director’s decision is not subject to appeal pursuant to the Land Use Code or
Code of the City of Fort Collins.
Water Adequacy Determination Definitions to Place in LUC Art. 5
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Adequate shall mean a water supply that will be sufficient for build-out of the proposed
development in terms of quality, quantity, dependability, and availability to provide a supply
of water for the lifetime of the type of development proposed and may include reasonable
conservation measures and water demand management measures to account for hydrologic
variability.
Established potable water supply entities shall mean the City of Fort Collins, the East Larimer
County Water District, the Fort Collins-Loveland Water District, the Sunset Water District,
and the West Fort Collins Water District.
Non-potable water shall mean water that has not been treated to state and federal
standards safe for human consumption, but can be placed to beneficial uses, including
irrigation, dust suppression, toilet and urinal flushing, or make-up water for mechanical
equipment.
Non-potable water supply entities shall mean the water supply entities, either established
potable water supply entities or other water supply entities that provide water that does
not meet the state and federal standards for human consumption to developments for the
beneficial uses of non-potable water.
Other potable water supply entities shall mean the water supply entities other than the
established potable water supply entities that provide potable water service, including new
proposed water supplies.
Potable water shall mean water, also known as drinking water, that is treated to levels
which meet state and federal standards for human consumption.
Water adequacy determination shall mean a determination whether the proposed water
supply for a development is adequate.
Water supply entity shall mean a municipality, county, special district, water conservancy
district, water conservation district, water authority, or other public or private water supply
entity that, at the time of the application, or within three years of application, supplies,
distributes, or otherwise provides water at retail.
Water supply system shall mean all infrastructure planned or used to divert and deliver
water to a development.
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Amend Section 3.7.3, Adequate Public Facilities
Add Subsection (G):
(G)Water Supply Adequacy. The determination required by Section 29-20-301, et seq., C.R.S., whether
the proposed water supply for development is adequate is not addressed in this Section but is set forth
in Division 3.12 13.
Division 3.13 - Water Adequacy Determinations
Section 3.1213.1 - Purpose.
The general purpose of this Division is to establish the standards and procedures by which the adequacy
of proposed water supplies for development are reviewed and determined pursuant to Section 29-20-
301, et seq., C.R.S. The specific purposes are to:
(A) Fulfill the Colorado Revised Statutes Section 29-20-303(1) requirement that the City “shall not
approve an application for a development permit unless it determines in its sole discretion, after
considering the application and all of the information provided, that the applicant has
satisfactorily demonstrated that the proposed water supply will be adequate..”;
(B) Protect public health, safety, and welfare by ensuring that the water supplies for developments
are adequate;
(C) Ensure that growth and development in the City occur in a planned and coordinated manner;
(D) Ensure that the City is provided with reliable information concerning the adequacy of
developments’ proposed water supplies to inform the City, in the exercise of its discretion, in
the approval of development applications and permits;
(E) Promote safe, efficient, and economic use of public resources in developing and providing
water; and
(F) Ensure City participation in the review and approval of development plans that pass through
and impact City residents, businesses, neighborhoods, property owners, and resources.
Section 3.1213.2 - Applicability.
This Division shall apply to all development, or redevelopment, that requires new, expanded, or
increased water use, whether potable or non-potable, within the incorporated municipal boundaries of
the City. No such development or redevelopment shall be approved and allowed to proceed unless the
Director has determined that the proposed water supply for the development or redevelopment is
adequate.
(A) Temporary non-potable systems to establish native vegetation are exempt from these
requirements, if the term of use is three consecutive years or less and identified as such on an
approved landscape plan.
(B) Except as stated in Subsection 3.13.5(D), the modification of standards review set forth in
Division 2.8 shall not apply to this Division 3.13.
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Section 3.1213.3 Application.
(A)Application Timing. An applicant seeking a water adequacy determination shall file an
application with the Director pursuant to this Division at the same time as submitting an
application for final plan or basic development review, as outlined in Divisions 2.5 and 2.18,
unless the application timing is altered pursuant to any of the following:
(1)Upon written request at the time of application, the Director may defer the timing of an
application for a water adequacy determination for potable or non-potable water until
submittal with a development construction permit (Division 2.6);) if the Director determines
such timing will not substantially interfere with or otherwise make it more difficult to
determine whether the proposed water supply is adequate.
(2)Upon written request at the time of application, the Director may defer the timing of an
application for a water adequacy determination for potable water until submittal with a
building permit (Division 2.7), if the provider is an established potable water supply entity;
or and the Director determines such timing will not substantially interfere with or otherwise
make it more difficult to determine whether the proposed water supply is adequate.
(3) Applications for Water Adequacy Determinations for non-potable systems shall be
submitted at the same time as Development Construction Permit for review, as outlined in
Division 2.6.
(B)Separate Applications. The applicant shall file separate applications for water adequacy
determinations for each portion of the development served by different water supply entities or
water supply systems. unless the Director shall have the discretion to determine
whetherdetermines separate applications are not required. Subsequent sections in this Division
provide distinctions in the evaluation process for established potable water supply entities,
other potable water supply entities, and non-potable water supply entities.
(C)Material Changes. The City shall make a Water Adequacy Determinationdetermination that a
proposed water supply is adequate only once for each portion of a development served by a
different potable or non-potable water supply entities or water supply systems during the
development review process unless the water demands or supply of the portion of the
development for which approval is sought are materially changed. The Director shall determine
whether changes to the water demands or supply for any development or redevelopment are
material and require a new water adequacy determination. The Director’s determination that a
material change has occurred is not subject to appeal pursuant to the Land Use Code or Code of
the City of Fort Collins.
(D)Application After Director Denial. If the Director denies an application for a water adequacy
determination, the applicant may submit another application, subject to applicable fees, at any
time that addresses the stated reason or reasons for denial.
Section 3.1213.4 - Procedures and Standards for Water Adequacy Determinations: Established Potable
Water Supply Entities
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(A)Application Requirements.
(1)Requests for a water adequacy determination for all or portions of a development to be
served with potable water by an established potable water supply entity shall be in a form
as required by the Director. Such requests shall include the following:
(1) Identification of the portions of a development to be served with potable water by the
Established Potable Water Supply Entity; and
(2) A letter prepared by a registered professional engineer or by a water supply expert
from the Established Potable Water Supply Entity stating its ability to provide an
adequate water supply for the proposed development.
(3) A letter prepared by a water supply expert from the Established Potable Water Supply
Entity stating it is willing to commit to provide an adequate water supply for the
proposed development.
(2)(1)Requests under this Section shall also include a letter as described in Subsection (1a),
unless exempted pursuant to Subsection ((2) or (3), or both(b).
(a) A letter prepared by a registered professional engineer or by a water supply expert
from the established potable water supply entity stating:
1. An estimate of the water supply requirements for the proposed development
through build-out conditions;
2. A description of the physical source(s) of water supply that will be used to serve
the proposed development. If the proposed source includes groundwater, this
description must include water quality test results and results of an analysis into
the potential impact on water treatment processes or the quality of delivered
potable water;
3. An estimate of the amount of water yield projected from the proposed water
supply under various hydrologic conditions including long term variability and
future climate risk;
4. Water conservation measures, if any, that may be implemented within the
proposed development;
5. Water demand management measures, if any, that may be implemented to
address hydrologic variations;
6. Results from analyses performed demonstrating the ability for the proposed
water supply to meet demands of the proposed development in allunder various
hydrologic conditions; and
7. An affidavit signed by the entity manager attesting that to the best of their
knowledge the entity in compliance with all applicable regulations;
7.8.Such other information as may be required by the Director in order to determine
whether the proposed water supply will be adequate.;
9. Has been reviewed by City Council and is on file with the City’s Community
Development and Neighborhood Services Department; and
10. At the established potable water supply entity's discretion, the letter may
describe their entire service area and be submitted for a determination once and
updated as required based on any material changes to any of the requirements in
this Section or in their reported supply as described in Subsection 3(C). If the
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letter describes the entire service area, then the entity does not need to resubmit
the approved letter with each letter as outlined in Subsection (2) but should be
referenced within the letter content in addition to what is outlined in Subsection
(2).
(b) The letter described in Subsection (1a) shall not be required if the established potable
water supply entity has a water supply plan, or plans that cumulatively provide the
information, that:
1. Has been reviewed and updated, if appropriate, within the previous ten years by
the governing board of the established potable water supply entity;
2. Has a minimum twenty-year planning horizon;
3. Lists the water conservation measures, if any, that may be implemented within
the service area;
4. Lists the water demand management measures, if any, that may be implemented
within the development; or service area;
5. Includes a general description of the water supply entity's water obligations;
6. Includes a general description of the water supply entity's water supplies;
7. Includes an estimate of the water supply requirements of the proposed
development through build-out conditions and demonstrates the entity’s water
supplies can meet these demands; and
7. An affidavit signed by the entity manager attesting that, to the best of their
knowledge, the entity in compliance with all applicable regulations; and
8. Has been reviewed by City Council and is on file with the City’s Community
Development and Neighborhood Services Department. The Director may defer
the Council review requirement until such time as the established potable water
supply entity updates their existing water supply plan. Once the plan, or plans, are
on file, they do not need to be resubmitted with each letter as outlined in
Subsection (2) but should be referenced within the letter content in addition to
what is outlined in Subsection (2).
(2)Requests for a water adequacy determination for all or portions of a development to be
served with potable water by an established potable water supply entity shall be in a form
as required by the Director. Such requests shall include a letter prepared by a registered
professional engineer or by a water supply expert from the Established Potable Water
Supply Entity:
(a) Identifying the portions of a development to be served with potable water by the
established potable water supply entity;
(b) Stating its ability to provide an adequate water supply for the proposed development;
(c) Stating it is willing to commit to provide an adequate water supply for the proposed
development including any conditions of the commitment; and
(d) Providing the length of time the letter is valid for, should the proposed development
not occur immediately.
(B)Review of Application. The Director shall promptly review the application and associated
materials concurrently with the required Final Plan, Basic Development Review, Development
Construction Permit, or Building Permit application.
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(C)Standards. To issue a determination that a proposed water supply is adequate under this
Section, the Director must find that the statements in the application and associated materials
are complete, correct, and reliable.
To Decision. issue a Water Adequacy Determination under this section, the Director must
find that:
(D) The statements in
(1) Based upon the information provided by the applicant and developed by the City and any
consultants, the Director shall issue all water adequacy determinations pursuant to this
Section in writing including specific findings and shall either:
(a) Approve the application and associated materialsfinding that the proposed water
supply is adequate;
(a)(b)Approve the application with conditions finding the proposed water supply is
adequate provided the conditions are complete, correct, and reliable; andmet; or
(1) The provider submitted appropriate documentation establishing that they are in
compliance with all applicable regulations.
(c) Deny the application finding that the proposed water supply is inadequate.
(2) All water adequacy determinationsDecision. The Director shall make Water Adequacy
Determinations, conditional approvals, and denials of Water Adequacy Determinations in
writing and those decisions shall become part of the plan set for the associated
development application, if approved. . The Director shall maintain a record of all
information submitted or developed upon which any water adequacy decision was based,
and that record shall become part of the associated development application.
(3) The Director may impose conditions of approval that when met, as determined by the
Director, will bring the proposed water supply into compliance with all applicable standards
set forth in this Section. No building permit may be issued until all conditions have been
met.
(1)(4)The Director’s decision is not subject to appeal pursuant to the Land Use Code or Code
of the City of Fort Collins.
Section 3.1213.5 - Procedures and Standards for Water Adequacy Determinations: Other Potable
Water Supply Entities
(A)Application Requirements for Other Potable Water Supply Entities. Applications for a water
adequacy determination for all or portions of a development to be served with potable water by
other potable water supply entities shall be in a form as required by the Director. Such
applications shall include all of the following:
(1) A summary document linking the information to the standard of review; and .
(2) Report including information required under Section 29-20-304(1), C.R.S.:
(a) An estimate of the water supply requirements for the proposed development through
build-out conditions;
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(b) A description of the physical source of water supply that will be used to serve the
proposed development. This should include water quality test results and proposed
methods of water treatment from a registered professional engineer;
(c) A description of the water rights either owned or planned for acquisition required for
proposed water supply;
(d) An estimate of the amount of water yield projected from the proposed water supply
under various hydrologic conditions;
(e) Water conservation measures that may be implemented within the development
including how the entity plans to ensure compliance equal to or better than City water
conservation requirements including those outlined in Division 3.2;
(f)(e)Water demand management measures, if any, that may be implemented within the
development to account for hydrologic variability; and
(g)(f)Description of all water conservation measures to be applied in the development and
how they would be enforced and effectuated.
(3) Financial documentation establishing that the proposed provider is able to create the
proposed water supply system and maintain it in perpetuity.
(4) A fee assessment describing the proposed water rates and fees for the new system and how
those fees compare with those charged by the Established Potable Water Supply Entities.
This assessment should include consideration of any metro district, HOA, or other taxes or
fees that are also uniquely applicable to the proposed development to be served by the
other potable water supply entity.
(5) Approval documentation from other regulatory agencies such as CDPHE. At the Director’s
discretion, this information may substitute in whole or in part for the application
requirements set forth in this Section. If additional approvals will be required, provide an
explanation of how those approvals will be obtained, and at the Director’s discretion, the
additional approvals may be required as conditions of approval.
(6) Detailed information on any proposed water treatment processes as well as how any waste
products created from the treatment process will be properly disposed of.
(7) Such other information as may be required by the Director in order to determine whether
the proposed water supply will be adequate.
(8) An other potable water supply entity with an approved ODP or PUD Overlay as outlined in
Division 2.3 and Division 2.15 that includes the entire proposed service area, may at either
the other potable water supply entity’s, or Director’s discretion, submit an application that
describes their entire proposed service area once with the initial phase of development and
then update the initial determination with a letter from a professional engineer for each
subsequent phase with the information required in Section 3.13.4.(A) (2); or as required
based on any material changes to:
(a) Any of the requirements set forth in this Section;
(b) The reported water supply as set forth in Section 3(C); or
(c) The proposed development, as determined by the Director.
(B)Review of Application.
(1)Agreement on Costs. Prior to the City reviewing any application under this Section, the
applicant shall agree in writing to reimburse the City for all costs associated with reviewing
the application and associated materials, including costs associated with consultants hired
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to assist the Director’s review. No water adequacy determination shall be issued unless and
until all such costs have been paid to the City. The fee assessed by the City shall not exceed
the cost of the review and administration of the review process.
(2)Review.
(a) The Director shall review the materials provided by the applicant following the
completion of the agreement identified in the previous Subsection. The time needed
for the Director’s review shall be based on the complexity of the application, the
proposed water supply, and proposed water supply system.
(b) Following the submission of the application, the Director shall be entitled to require
any such additional or supplemental information from the applicant as may be
required to review and ensure compliance with all review criteria.
(c) The review will be completed concurrently with the required Final Plan, Basic
Development Review, Development Construction Permit, or any plan amendments as
specified in Section 3.12.3.
(C)Standards.
(D)(C) To issue a water adequacy determination under this Section, the Director must find that
the application and associated materials establish that:
(1) The quality of the proposed potable water supply will be sufficient for build-out of the
proposed development by:
(a) Providing potable water to the development of a quality that meets or exceeds all
state and federal water quality standards;
(b) Providing potable water to the development of a quality equal to or better than the
quality of potable water provided by the City of Fort Collins as measured by
appropriate water quality aspects ; and
(c) Establishing and maintaining a water supply entity that has the technical expertise and
resources to maintain the quality of the water supply for the lifetime of the
development.
(2) The quantity of the proposed potable water supply will be sufficient for build-out of the
proposed development by:
(a) Relying upon a renewable and/or sustainable physical supply of water, that takes into
account any impacts if multiple users have rights to use water from a single source,
such as an aquifer;
(b) Having ability to acquire the water rights or water contracts that provide a permanent
firm yield equal to or greater than the maximum assumed demand in all hydrological
conditions, including a modeled one-in-fifty year drought, when taking into
consideration reasonable transit and other losses and all applicable obligations,
including augmentation requirements and return flow obligations; and
(3) For lands to be served by tributary groundwater, establishing that the plan for
augmentation will operate to provide a permanent firm yield equal to or greater than the
maximum assumed demand in all hydrological conditions, including a modeled one-in-fifty
year drought, when taking into consideration reasonable losses and all applicable
obligations, including augmentation requirements and return flow obligations for the
lifetime of the development.
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(4) The dependability of the proposed potable water supply will be sufficient for build-out of
the proposed development by:
(a) Establishing that the water supply system includes sufficient redundancy equal to or
better than the redundancy of the City of Fort Collins system;
(b) If the water supply system includes a water treatment facility, demonstrate how the
facility operators will ensure they have the technical expertise and resources to
operate the treatment facility dependably and sustainably in a manner that is
economical, safe, and that does not produce any harmful by-products. ;
(c) Establishing that the water supply system can operate during water supply shortages
and emergencies, including infrastructure issues, natural disasters, and long-term
climate change; and
(d) Establishing and maintaining a water supply entity that can oversee and maintain the
water supply system for the lifetime of the development.
(5) The availability of the proposed potable water supply will be sufficient for build-out of the
proposed development by:
(a) Establishing the applicant has, or has the ability to acquire, the necessary property
rights and resources to build and operate the proposed water supply system;
(b) For lands to be served by tributary groundwater, establishing that the proposed use of
the tributary groundwater is sustainable with evidence of assured supply for the
lifetime of the development; and
(c) For lands within the water service area of an established Water Providerpotable water
supply entity, establishing that: the lands to be served by the other potable water
supply entities have been removed from the water service area of anthe established
potable water supply entity; or the established potable water supply entity consents
to the proposed service by the other potable water supply entity.
(E)(D)Modification of Standards. If a potable water supply entity cannot meet the Fort Collins
Utility Standards set forth above, then they may seek a modification of standards pursuant to
Division 2.8 with the Director as the designated decision maker. In addition to the four
standards set forth in Section 2.8.2(H),) for granting a modification, the Director must find that
may also grant a modification if such modification would not be detrimental to the public good
and the standard as modified standard is comparable to an existing standard already being
employed by another established potable water supply entity. The Director’s decision regarding
a requested modification of standards is not subject to appeal pursuant to the Land Use Code or
Code of the City of Fort Collins.
(F)(E)Decision.
(1) The Director shall make Water Adequacy Determinations, conditional approvals, and denials
of Water Adequacy Determinations based on the Based upon the information provided by
the applicant and developed by the City and any consultants. , the Director shall issue all
water adequacy determinations in writing including specific findings and shall either:
(a) Approve the application finding that the proposed water supply is adequate;
(b) Approve the application with conditions finding the proposed water supply is
adequate provided the conditions are met; or
(c) Deny the application finding that the proposed water supply is inadequate.
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(1)(2)All water adequacy determinations shall become part of the plan set for the associated
development application, if approved. The Director shall maintain a record of all non-
privileged information submitted or developed to review the upon which the water
adequacy determination was based for the proposed water supply and proposed water
supply system, and that record shall become part of the associated development
application.
(2)(3)The Director shall make Water Adequacy Determinations, conditional approvals, and
denialsmay impose conditions of Water Adequacy Determinations in writing and include
findings made under Section (3) Standards. The written determination shall be included in
the plan set for the associated development application, if approved. approval that when
met, as determined by the Director shall be entitled to make a Water Adequacy
Determinations conditioned upon the , will bring the proposed water supply into
compliance with all applicable standards set forth in this Section, including conditions that
the applicant: acquiring acquire the required water right decrees and water contracts for
the water supply system; and/or the applicant completing construction of all infrastructure
for the water supply system. No building permit may be issued until all conditions have been
met.
(3)(4)The Director’s decision is not subject to appeal pursuant to the Land Use Code or Code
of the City of Fort Collins.
(4)(5)The Director shall require a disclosure, recorded by the Larimer County Clerk, to be
provided at the time of all property sales or transfers that the water supply for thisthe
development is being provided by the approved entity.
Section 3.1213.6 - Procedures and Standards for Water Adequacy Determinations: Non-Potable Water
Supply Entities
(A)Application Requirements for Non-Potable Water Supplies. Applications for a water adequacy
determination for all or portions of a development to be served with untreated water shall
include all of the following:
(1) Summary document linking the information to the standard of review; and.
(2) Report including information required under Section 29-20-304(1), C.R.S.:
(a) An estimate of the water supply requirements for the proposed development
through build-out conditions;
(b) A description of the physical source of water supply that will be used to serve the
proposed development. This description must include water quality test results and
results of an analysis investigating any limitations of use due to poor quality;
(c) A description of the water rights either owned or planned for acquisition , contracts,
and/or IGAs required for the proposed water supply;
(d) An estimate of the amount of water yield projected from each proposed water
supply source under various hydrologic conditions. For surface water sources, this
should include results of an analysis of historical temporal availability of the
proposed supplies throughout the year, annual volumetric yield, and the frequency
and flow rate of deliveries. For groundwater sources, this should include
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descriptions of the decreed place of use, flow rate, and annual volumetric limits,
and their temporal availability of the proposed supplies throughout the year based
on augmentation requirements;
(e) Water conservation measures, if any, that may be implemented within the
development;
(f)(e)Water demand management measures, if any, that may be implemented within the
development to account for hydrologic variability; and
(g)(f)Description of all water conservation measures to be applied in the development
and how they would be enforced and effectuated. At a minimum, smart controllers
and flow meters are required per the development code; Land Use Code.
(3) Financial documentation showing that the proposed provider is able to create the
proposed water supply system and maintain it in perpetuity.
(4) A narrative describing how the entity plans to ensure compliance equal to or better than
City water conservation requirements including those outlined in Division 3.2.
(5) Approval documentation from other regulatory agencies, including the established potable
water supply entity whose service area contains the proposed non-potable system. At the
Director’s discretion, this information may substitute in whole or in part for the application
requirements set forth in this Section.
(6) Such other information as may be required by the Director.
(B)Review of Application.
(1) Agreement on Costs. Prior to the City reviewing any application under this Section, the
applicant shall agree in writing to reimburse the City for all costs associated with reviewing
the application and associated materials, including costs associated with consultants hired
to assist the Director’s review. No water adequacy determination shall be issued unless
and until all such costs have been paid to the City. The fee assessed by the City shall not
exceed the cost of the review and administration of the review process.
(2)Review.
(a) The Director shall review the materials provided by the applicant following the
completion of the agreement identified in the previous Subsection. The length of the
Director’s review shall be based on the complexity of the application, the proposed
water supply, and proposed water supply system.
(b) Following the submission of the application, the Director shall be entitled to require
any such additional or supplemental information from the applicant as may be
required for the Director’s review.
(c) Applications for water adequacy determinations for Non-potable systems shall be
submitted at the same time as Development Construction Permit for review.
(C)Standards
(D)(C). To issue a water adequacy determination under this Section, the Director must find
that the application and associated materials establish that:
(1)The quality of the proposed non-potable water supply will be sufficient for
build-out of the proposed development by:
(2)(1) providing non-potable water to the development of a quality sufficient to meet all
planned landscape needs and other intended non-potable water uses shown in the
approved landscape or utility plans;
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(3)(2)The quantity of the proposed non-potable water supply will be sufficient for build-out of
the proposed development by:
(a) Relying upon a renewable and/or sustainable physical supply of water;
(b) Having water rights or water contracts that provide a permanent firm yield equal to
or greater than the maximum daily water requirement (accounting for typical
conveyance and irrigation and other inefficiencies) in allunder various hydrological
conditions, including a modeled one-in-fifty year drought, when taking into
consideration all applicable obligations, including augmentation requirements and
return flow obligations; and
(c) For lands to be served by tributary groundwater, establishing that the plan for
augmentation will operate to provide a permanent firm yield equal to or greater
than the maximum assumed demand in allunder various hydrological conditions,
including a modeled one-in-fifty year drought, when taking into consideration all
applicable obligations, including augmentation requirements and return flow
obligations.
(4)(3)The dependability of the proposed non-potable water supply will be sufficient for build-
out of the proposed development by:
(a) If the non-potable water supply system includes treatment, establishing that the
treatment can and will operate sustainably in a manner that is economical, safe, and
that does not produce any harmful by-products; and
(b) Establishing and maintaining a water supply entity that has the technical expertise
and resources to oversee and maintain the non-potable water supply system.
(5)(4)The availability of the proposed water supply will be sufficient for build-out of the
proposed development by:
(a) Establishing the applicant has, or has the ability to acquire, the necessary property
rights and resources to build and operate the proposed non-potable water supply
system; and
(b) For lands to be served by tributary groundwater, establishing that the proposed use
of the tributary groundwater is sustainable with evidence of assured supply for the
lifetime of the development.
(E)(D)Decision.
(1) The Director shall make Water Adequacy Determinations, conditional approvals,
and denials of Water Adequacy Determinations based onBased upon the
information provided by the applicant and developed by the City and any
consultants, the Director shall issue all water adequacy determinations in writing
including specific findings and shall either:
(a) Approve the application finding that the proposed water supply is adequate;
(b) Approve the application with conditions finding the proposed water supply is
adequate provided the conditions are met; or
(c) Deny the application finding that the proposed water supply is inadequate.
(1)(2)The written determination shall be included in the plan set for the associated
development application, if approved. . The Director shall maintain a record of all
non-privileged information developed to review the proposed water supply and
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proposed water supply system and that record shall become part of the associated
development application.
(2)(3)The Director shall make Water Adequacy Determinations, conditional approvals,
and denialsmay impose conditions of Water Adequacy Determinations in writing
and include findings made under Section (3) Standards. The written determination
shall be included in the plan set for the associated development application, if
approved. approval that when met, as determined by the Director shall be entitled
to make a Water Adequacy Determinations conditioned upon, will bring the
proposed water supply into compliance with all applicable standards set forth in this
Section, including conditions that the applicant acquiringacquire the required water
right decrees and water contracts for the water rightssupply system. No building
permit may be issued until all conditions have been met.
(3)(4)The Director’s decision is not subject to appeal pursuant to the Land Use Code
or Code of the City of Fort Collins.
Water Adequacy Determination Definitions to Place in LUC Art. 5
Adequate shall mean a water supply that will be sufficient for build-out of the proposed
development in terms of quality, quantity, dependability, and availability to provide a supply
of water for the lifetime of the type of development proposed, and may include reasonable
conservation measures and water demand management measures to account for hydrologic
variability.
Established potable water supply entities shall mean the City of Fort Collins, the East Larimer
County Water District, the Fort Collins-Loveland Water District, the Sunset Water District,
and the West Fort Collins Water District.
Non-potable water shall mean water that has not been treated to state and federal
standards safe for human consumption, but can be placed to beneficial uses, including
irrigation, dust suppression, toilet and urinal flushing, or make-up water for mechanical
equipment.
Non-potable water supply entities shall mean the water supply entities, either established
potable water supply entities or other water supply entities that provide water that does
not meet the state and federal standards for human consumption to developments for the
beneficial uses of non-potable water.
Other potable water supply entities shall mean the water supply entities other than the
established potable water supply entities that provide potable water service, including new
proposed water supplies.
Potable water, shall mean water, also known as drinking water, that is treated to levels
which meet state and federal standards for human consumption.
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Water adequacy determination shall mean a determination whether the proposed water
supply for a development is adequate.
Water supply entity shall mean a municipality, county, special district, water conservancy
district, water conservation district, water authority, or other public or private water supply
entity that, at the time of the application, or within three years of application, supplies,
distributes, or otherwise provides water at retail.
Water supply system shall mean all infrastructure planned or used to divert and deliver
water to a development.
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Water Adequacy Determination Review
Land Use Code Update
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• Water Adequacy Determination Review Program supports the
goals of
•City Plan
• Housing Strategic Plan
• Climate Action Plan
• Viewed as a tool kit to look at water affordability and support
sustainable development patterns
• Neighborhood Livability & Social Health - 1.6 - Align land use
regulations and review procedures to guide development
consistent with City Plan.
2Plan Alignment
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3Introduction
• Water is a critical resource and its cost and availably impact new
development
• Existing review process
• Need for a more robust process
• More complicated development
• Potential for creation of new water providers
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4Requirement
This review process is being proposed to further effectuate Section 29-20-301, et
seq., C.R.S. which states:
A local government shall not approve an application for a development permit
unless it determines in its sole discretion, after considering the application
and all of the information provided, that the applicant has satisfactorily
demonstrated that the proposed water supply will be adequate. A local
government shall make such determination only once during the development
permit approval process unless the water demands or supply of the specific
project for which the development permit is sought are materially changed. A
local government shall have the discretion to determine the stage in the
development permit approval process at which such determination is made.
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Current Process
• Development occurs within the district
boundaries of existing water providers
• Will Serve Letter issued by provider
• Part of the building permit
process
5
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6Other Agencies
• Other Agency Review
• Other agencies have the authority to review new providers
• CDPHE
• Requires public water systems demonstrate adequate
capacity to construct, operate and manage the new
public waterworks.
• Water Court
• There is also likely a role for Water Court to plan in
validating claims for water under Colorado Law.
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7Code Update Structure
• Water Adequacy is a new code division, 3.13 that builds off of
existing adequate public facilities section 3.7.3.
• Creates 3 determination processes for different providers:
• Established potable water supply entities, such as Fort
Collins-Loveland Water District and East Larimer County
Water District
• Other potable water supply entities such as new private
water supplies or metro districts
• Non-potable water supply entities, such as irrigation water
supplied by metro districts
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8Timing and Approval Authority
• Timing
• The state statute leaves the determination timing during the
development process up to the purview of the local jurisdiction
however they limit making the determination to only once unless
something materially changes.
• The draft code identifies the milestone in the development review
process when this determination will be made for each of the three
different processes.
• Approval
• The determination of adequacy would be made administratively subject
to a review and recommendation by a qualified water consultant.
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9
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10Proposed Evaluation Process – Existing Providers
• Keep similar process for existing providers
• Will Serve Letter
• Director can differ timing to building permit for review
• Director as the decision maker
• Includes opportunities to
• Review proposed updates to water supply plans by Council
• Improve letters
• Increase consistency between different providers
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11Proposed Evaluation Process – New Providers
• Evaluation criteria for new providers
• Water Quality
• Quantity of Water
• Dependability of Supply and Supplier
• Supply Resiliency
• System Redundancy
• Maintenance and Outages
• Availability of Supply
• Financial Sustainability of Supplier
• Capitalization
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12Proposed Evaluation Process – New Providers
• Overall Standards Equivalent to Municipal Utility
• Allows for a Modification of Standard for noncompliance
• Review Timing
• At the time of Final Development Plan or Basic Development
Review
• Initial review anticipated to be done by a consultant
• Cost agreement with applicant
• Final decision maker is CDNS Director
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13Non-potable Water Supply Entities
• Non-potable Entities
• Criteria:
• Supply has enough quantity and;
• Quality to support the associated uses such as irrigation for
landscape.
• Review Timing
• At the time of Development Construction Permit
• Initial review anticipated to be done by a consultant
• Cost agreement with applicant
• Final decision maker is CDNS Director
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14Additional Code Updates
• Article Five, Division 5.1.2 – Definitions
• The proposed change to Division 5.1.2 is to add the following
definitions that relate to the water adequacy determination review
process and provide additional clarity on specific terms used in that
section.
• Adequate
• Established Potable Water Supply Entities
• Non-Potable Water
• Non-Potable Water Supply
• Other Potable Water Supply Entities
• Potable Water
• Water Adequacy Determination
• Water supply entity
• Water supply system
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15Stakeholder Feedback
• Stakeholder Meetings:
• Water Commission
• West Fort Collins Water District
• East Larimer County Water District
• Fort Collins Loveland Water District
• Hartford Homes/Bloom
• HF2M/Montava
• Polestar Gardens/Polestar Village
• Additional Feedback (no concerns):
• Sunset Water District
• Save the Poudre
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16Feedback Summary
• Ability of established providers to “veto” new systems. There was both support and
concern over this concept.
• The disparity between review criteria for established providers and new providers.
• The perception that the City was trying to regulate Special Districts through the
review of a water supply plan or letter establishing the District’s resources.
• A desire for more cooperation and consistency between all water suppliers.
• Concerns on not duplicating review efforts between other processes, especially for
non-potable systems.
• Concerns over review costs
• Feedback that some metrics were vague.
• Feedback on the review timing proposed (FDP versus DCP) with a desire to complete
the determination sooner.
• Feedback that there is a desire to be able to review new service for an entire
development and then true up each phase at the time of final plan or BDR.
• Concerns on tight review timing for code update.
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17Recommendation
Staff recommends the Planning and Zoning Commission
forward a recommendation to City Council to approve the
proposed Land Use Code changes.
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THANK YOU!
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Attachment 4
Written Comment from
Stakeholders
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Hartford Homes Review of Draft Code
Standards
4/17/23
Patrick McMeekin in Red
Dave Thorpe in Blue
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Is this different than
what is done now?
The initial approval
scares me.
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Sure seems like this feedback should be
gathered before going to P&Z
I agree. The implications
of this code are really
very significant and we
feel there are major
problems with this draft
code. Those that develop
non-pot systems should
have been brought into
this conversation much
earlier than right before
P&Z.
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This is too
late. You
could be
getting ready
to go under
construction
and find out
your non-pot
system is not
viable
Design and adequacy are
not the same. If the City
wants to review
adequacy, that should be
done before the design
process begins or in its
very early stages.
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Water Supplies
Entities should
be able to
approve their
own non-pot
systems
This seems like the
City trying to get into
ELCO and FCLWD's
business
Should not ELCO or FCLWD be able to
make their own determination about
their own ability to serve?
Also, if a ditch company operates their
own non-pot system, or provides to a
development in bulk, that entity should
make the determination of their ability
to serve.
How are these
different?
To be clear, is this
section ONLY for
potable? Please
clarify.
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Same comment as
above.
What happens if
ELCO or FCLWD
miss one of these?
How do these
requirements affect
them and their daily
operations? It
cannot be the
developer's
responsibility to
make sure that third
party
quasi-governmental
agencies are in
compliance with this
section in order for
their developments
to proceed.
Same as above.
This is way too late
in the process.
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Nobody in their
right mind
should pursue
this
Can this whole code just boil down to
this one section? Unless there are
problems with existing providers, why
include the other sections? Those
entities already review non-pot plans
to ensure there is adequate non-pot
supply before they authorize inside
use-only taps. They also confirm
they have potable supply.
This is really
vague. Approvals
from CDPHE for
what?
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In in instance such as
this, ALL rights should
be in-hand before
making an application.
Proving they can be
acquired seems odd
and probably too late
in the process.
In in instance such as
this, do you require a
letter from the aug
plan? That should be
required.
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If a third party were to
propose to become its
own water district, I
would think it would be
in the public's interest
for the decision maker
for a modification to be
above the Director.
These are reasonable
baseline standards. If
they cannot be met, it
should be elevated in
the public process.
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This should be
controlled by the
Water Provider and
not the City. If the
system is in the
utlities District
boundary than yes.
This should not be
the Cities purview
Agreed. This creates
an opportunity for
conflicting standards
between COFC and
other providers.
To what standards is it
held, though?
For surface water and
reservoir water, this is
not a reasonable
standard, as the
sources of those
waters constantly
varies for the ditch
companies.
Is this intended to
mean in homes? Or in
common areas?
This whole section is
very vague and talks
about subjects but
doesn't have any
specific standards.
And how is this related to water conservation? It shouldn't be set against anything. If non-pot is viable,
it should be encouraged. The non-pot system is separate from low water plants or other landscaping
issues. It's only about the source and delivery of raw water.
If there is a new, private
potable water provider
and they also want to
deliver non-pot, then this
section makes sense.
Otherwise, it makes
development far more
complicated without
appearing to address an
established problem.
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2 Approvals
Too late
ELCO has a different
standard
Agreed. This standard
assumes the water
provider is also
reviewing. What is the
public benefit of the
City also doing so for
ELCO and FCLWD?
Agreed. For master
planned communities,
this is an ODP issue.
For smaller
developments it should
be a part of PDP
because that's when
the water provider
already requires this
information from the
developer.
And that's part of our
big fear here - multiple
standards by different
governments
reviewing the same
thing.
We had to do
master plan
estimates for
the whole
community
early in the
process, well
before we had a
final landscape
plan. Master
planned
communities
will build the
backbone
infrastructure
up to a decade
in advance.
This timing
doesn't work.
The potable water provider should simply require confirmation from the
aug plan that the proposed non-pot system is in compliance with the aug
plan.
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Timing doesn't work
at DCP if a decree is
required.
Again, this is undefined. If
it's a metro district, the
City shouldn't need to see
the finance model to
prove it can be built.
See above. Isn't that the
aug plan's job already?
Since those are often
at-will the developer is
already heavily
incentivised to stay in
compliance so they don't
get kicked out.
If the City is going to
get into this business,
there has to be some
appeal process. The
stakes are so high for
developers with these
systems, especially in
our case where there is
a PBA explicitly stating
we have to have a
non-pot system. This
code has no standards
to weigh a system
against, so a denial by
the Director would
essentially kill the
project. There needs to
be recourse.
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What is this three-year
requirement? It's not
mentioned anywhere else
in the code.
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Completely understand
and agree with this one. It
makes total sense and is
needed.
However, where is the
current breakdown in the
current code and
development process? it
worked well at Bloom.
This new code would
significantly increase
development complexity
and if it is not addressing
an identified problem,
where is public benefit?
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Avoiding Water Court and
change cases is part of
what makes non-pot
systems so attractive.
They also mean a much
smaller dedication of raw
water to the potable
provider when that is
required. Please avoid
brining in Water Court
unless necessary.
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Why not same?
I doubt this will
streamline the
process. How do
ELCO and FCLWD
feel about COFC
reviewing their water
supply plans
Agreed. Where is the
breakdown that this level
of code is needed for all
projects?
And is the developer then
hamstrung if the provider
and COFC disagree on
some background
information?
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As stated above, this
proposed point is way too
late in the development
process.
The draft code only
discusses the Director,
not a consultant. When
does the consultant come
in to the process?
I didn't read that section
above. What does trigger
it?
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Division 3.12 - Water Adequacy Determinations
Section 3.12.1 - Purpose.
The general purpose of this Division is to establish the standards and procedures by which the adequacy
of proposed water supplies for development are reviewed and determined pursuant to Section 29-20-
301, et seq., C.R.S. The specific purposes are to:
(A) Fulfill the Colorado Revised Statutes Section 29-20-303(1) requirement that the City “shall not
approve an application for a development permit unless it determines in its sole discretion, after
considering the application and all of the information provided, that the applicant has
satisfactorily demonstrated that the proposed water supply will be adequate.”
(B) Protect public health, safety, and welfare by ensuring that the water supplies for developments
are adequate;
(C) Ensure that growth and development in the City occur in a planned and coordinated manner;
(D) Ensure that the City is provided with reliable information concerning the adequacy of
developments’ proposed water supplies to inform the City, in the exercise of its discretion, in
the approval of development applications and permits;
(E) Promote safe, efficient, and economic use of public resources in developing and providing
water;
(F) Ensure City participation in the review and approval of development plans that pass through
and impact City residents, businesses, neighborhoods, property owners, and resources.
Section 3.12.2 - Applicability.
This Division shall apply to all development, or redevelopment, that requires new, expanded, or
increased water use, whether potable or non-potable, within the incorporated municipal boundaries of
the City. No such development or redevelopment shall be approved and allowed to proceed unless the
Director has determined that the proposed water supply for the development or redevelopment is
adequate.
Section 3.12.3 Application.
(A) An applicant seeking a water adequacy determination shall file an application with the Director
pursuant to this Division at the same time as submitting an application for Final Plan or Basic
Development Review, as outlined in Divisions 2.5 and 2.18, unless the application timing is
altered pursuant to any of the following:
(1) The Director may defer the timing of an application for a water adequacy determination for
potable water until submittal with a Development Construction Permit (Division 2.6);
(2) The Director may defer the timing of an application for a water adequacy determination for
potable water until submittal with a Building permit (Division 2.7), if the provider is an
Established Potable Water Supply Entity; or
(3) Applications for Water Adequacy Determinations for non-potable systems shall be
submitted at the same time as Development Construction Permit for review, as outlined in
Division 2.6.
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(B) The applicant shall file separate applications for Water Adequacy Determinations for each
portion of the development served by different water supply entities or water supply systems.
The Director shall have the discretion to determine whether separate applications are required.
Subsequent sections in this Division provide distinctions in the evaluation process for
Established Potable Water Supply Entities, Other Potable Water Supply Entities, and Non-
Potable Water Supply Entities.
(C)Material Changes. The City shall make a Water Adequacy Determination only once for each
portion of a development served by different potable or non-potable water supply entities or
water supply systems during the development review process unless the water demands or
supply of the portion of the development for which approval is sought are materially changed.
The Director shall determine whether changes to the water demands or supply for any
development or redevelopment are material and require a water adequacy determination. The
Director’s determination is not subject to appeal pursuant to the Land Use Code or Code of the
City of Fort Collins.
Section 3.12.4 - Procedures and Standards for Water Adequacy Determinations: Established Potable
Water Supply Entities
(A)Application Requirements.
(1) Requests for a Water Adequacy Determination for all or portions of a development to be
served with potable water by an Established Potable Water Supply Entity shall be in a form
as required by the Director. Such requests shall include the following:
(1) Identification of the portions of a development to be served with potable water by the
Established Potable Water Supply Entity; and
(2) A letter prepared by the Established Potable Water Supply Entity’s registered
professional engineer or water supply expert stating:
(i) the Established Potable Water Supply Entity’s ability to provide an adequate water
supply for the proposed development and;
(3) (ii) the Established Potable Water Supply Entity is willing to commit to provide
an adequate water supply for the proposed development, including any conditions of
the commitment.
(2) The letter described in subsection (2), shall also include the following:
(a)
1. An estimate of the water supply requirements for the proposed development
through build-out conditions;
2. A description of the physical source of water supply that will be used to serve the
proposed development. If the proposed source includes groundwater, this
description must include water quality test results and results of an analysis into
the potential impact on water treatment processes or the quality of delivered
potable water;
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3. An estimate of the amount of water yield projected from the proposed water
supply under various hydrologic conditions including long term variability and
future climate risk;
4. Water conservation measures, if any, that may be implemented within the
proposed development;
5. Water demand management measures, if any, that may be implemented to
address hydrologic variations;
6. Results from analyses performed demonstrating the ability for the proposed
water supply to meet demands of the proposed development under various
hydrologic conditions; and
7. Such other information as may be required by the Director in order to determine
whether the proposed water supply will be adequate.
(b) The letter described in subsection (1) shall not be required if the Established Potable
Water Supply Entity has a water supply plan that:
1. Has been reviewed and updated, if appropriate, within the previous ten years by
the governing board of the Established Potable Water Supply Entity;
2. Has a minimum twenty-year planning horizon;
3. Lists the water conservation measures, if any, that may be implemented within
the service area;
4. Lists the water demand management measures, if any, that may be implemented
within the development;
5. Includes a general description of the water supply entity's water obligations;
6. Includes a general description of the water supply entity's water supplies;
7. Includes an estimate of the water supply requirements of the proposed
development through build-out conditions and demonstrates the entity’s water
supplies can meet these demands; and
8. Has been reviewed by City Council and is on file with the City’s Community
Development and Neighborhood Services Department. The Director may defer
the Council review requirement until such time as the Established Potable Water
Supply Entity updates their existing water supply plan.
(B)Review of Application. The Director shall promptly review the application and associated
materials concurrently with the required Final Plan, Basic Development Review,
Development Construction Permit, or Building Permit application.
(C)Approval Standards.
To issue a Water Adequacy Determination under this section, the Director must find that:
(1) The statements in the application and associated materials are complete, correct, and
reliable; and
(2) The applicant submitted appropriate documentation establishing that the applicant is in
compliance with all applicable regulations.
(D)Decision. The Director shall make Water Adequacy Determinations, conditional approvals,
and denials of Water Adequacy Determinations in writing and those decisions shall become
part of the plan set for the associated development application, if approved. The Director’s
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decision is not subject to appeal pursuant to the Land Use Code or Code of the City of Fort
Collins.
Section 3.12.5 - Procedures and Standards for Water Adequacy Determinations: Other Potable Water
Supply Entities
(A)Application Requirements for Other Potable Water Supply Entities. Applications for a Water
Adequacy Determination for all or portions of a development to be served with potable water
by Other Potable Water Supply Entities shall be in a form as required by the Director. Such
applications shall include the following:
(1) A summary document linking the information to the standard of review; and
(2) Report including information required under Section 29-20-304(1), C.R.S.:
(a) An estimate of the water supply requirements for the proposed development through
build-out conditions;
(b) A description of the physical source of water supply that will be used to serve the
proposed development. This should include water quality test results and proposed
methods of water treatment from a registered professional engineer;
(c) A description of the water rights either owned or planned for acquisition required for
proposed water supply;
(d) An estimate of the amount of water yield projected from the proposed water supply
under various hydrologic conditions;
(e) Water conservation measures that may be implemented within the development
including how the entity plans to ensure compliance equal to or better than City water
conservation requirements including those outlined in Division 3.2;
(f) Water demand management measures, if any, that may be implemented within the
development to account for hydrologic variability; and
(g) Description of all water conservation measures to be applied in the development and
how they would be enforced and effectuated.
(3) Financial documentation establishing that the proposed provider is able to create the
proposed water supply system and maintain it in perpetuity.
(4) A fee assessment describing the proposed water rates and fees for the new system and how
those fees compare with those charged by the Established Potable Water Supply Entities.
This assessment should include consideration of any metro district, HOA, or other taxes or
fees that are also uniquely applicable to the proposed development.
(5) Approval documentation from other regulatory agencies such as CDPHE.
(6) Detailed information on any proposed water treatment processes as well as how any waste
products created from the treatment process will be properly disposed.
(7) Such other information as may be required by the Director in order to determine whether
the proposed water supply will be adequate.
(B)Review of Application.
(1) Agreement on Costs. Prior to the City reviewing any application under this section, the
applicant shall agree in writing to reimburse the City for all costs associated with reviewing
the application and associated materials, including costs associated with consultants hired
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to assist the Director’s review. No Water Adequacy Determination shall be issued unless and
until all such costs have been paid to the City. The fee assessed by the City shall not exceed
the cost of the review and administration of the review process.
(2)Review.
(a) The Director shall review the materials provided by the applicant following the
completion of the agreement identified in the previous subsection. The time needed
for the Director’s review shall be based on the complexity of the application, the
proposed water supply, and proposed water supply system.
(b) Following the submission of the application, the Director shall be entitled to require
any such additional or supplemental information from the applicant as may be
required to review and ensure compliance with all review criteria.
(c) The review will be completed concurrently with the required Final Plan, Basic
Development Review, Development Construction Permit, or any plan amendments as
specified in Section 3.12.3.
(C)Approval Standards.
(1) To issue a Water Adequacy Determination under this section, the Director must find that the
application and associated materials establish that:
(a) The quality of the proposed potable water supply will be sufficient for build-out of the
proposed development by:
1. providing potable water to the development of a quality that meets or exceeds all
state and federal water quality standards;
2. providing potable water to the development of a quality equal to or better than
the quality of potable water provided by the City of Fort Collins as measured by
appropriate water quality aspects ; and
3. establishing and maintaining a water supply entity that has the technical expertise
and resources to maintain the quality of the water supply for the lifetime of the
development.
(b) The quantity of the proposed potable water supply will be sufficient for build-out of
the proposed development by:
1. relying upon a renewable and/or sustainable physical supply of water, that takes
into account any impacts if multiple users have rights to use water from a single
source, such as an aquifer;
2. having ability to acquire the water rights or water contracts that provide a
permanent firm yield equal to or greater than the maximum assumed demand in
all hydrological conditions, including a modeled one-in-fifty year drought, when
taking into consideration reasonable transit and other losses and all applicable
obligations, including augmentation requirements and return flow obligations;
and
3. for lands to be served by tributary groundwater, establishing that the plan for
augmentation will operate to provide a permanent firm yield equal to or greater
than the maximum assumed demand in all hydrological conditions, including a
modeled one-in-fifty year drought, when taking into consideration reasonable
losses and all applicable obligations, including augmentation requirements and
return flow obligations for the lifetime of the development.
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(c) The dependability of the proposed potable water supply will be sufficient for build-out
of the proposed development by:
1. establishing that the water supply system includes sufficient redundancy equal to
or better than the redundancy of the City of Fort Collins system;
2. if the water supply system includes a water treatment facility, demonstrate how
the facility operators will ensure they have the technical expertise and resources
to operate the treatment facility dependably and sustainably in a manner that is
economical, safe, and that does not produce any harmful by-products. ;
3. establishing that the water supply system can operate during water supply
shortages and emergencies, including infrastructure issues, natural disasters, and
long-term climate change; and
4. establishing and maintaining a water supply entity that can oversee and maintain
the water supply system for the lifetime of the development.
(d) The availability of the proposed potable water supply will be sufficient for build-out of
the proposed development by:
1. establishing the applicant has the necessary property rights and resources to build
and operate the proposed water supply system;
2. for lands to be served by tributary groundwater, establishing that the proposed use
of the tributary groundwater is sustainable with evidence of assured supply for the
lifetime of the development; and
3. for lands within the water service area of an Established Potable Water Supply
Entity, establishing that: if required by a Colorado statute or any applicable rule or
regulation, the lands to be served by the Other Potable Water Supply Entities have
been removed from the water service area of the Established Potable Water Supply
Entity; or the Established Water Supply Entity consents to the proposed service by
the Other Potable Water Supply Entity.
(D) Modification of Standards. If a Potable Water Supply Entity cannot meet the Fort Collins
Utility Standards set forth above, then they may seek a modification of standards pursuant
to Division 2.8 with the Director as the designated decision maker. In addition to the
standards set forth in Section 2.8.2(H), the Director must find that the modified standard is
comparable to an existing standard already being employed by another Established Potable
Water Entity. The Director’s decision regarding a requested modification of standards is not
subject to appeal pursuant to the Land Use Code or Code of the City of Fort Collins.
(E)Decision.
(1) The Director shall make Water Adequacy Determinations, conditional approvals,
and denials of Water Adequacy Determinations based on the information provided
by the applicant and developed by the City and any consultants. The Director shall
maintain a record of all non-privileged information developed to review the
proposed water supply and proposed water supply system and that record shall
become part of the associated development application.
(2) The Director shall make Water Adequacy Determinations, conditional approvals,
and denials of Water Adequacy Determinations in writing and include findings made
under Section (3) Standards. The written determination shall be included in the plan
set for the associated development application, if approved. The Director shall be
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entitled to make a Water Adequacy Determinations conditioned upon the applicant:
acquiring the required water right decrees and water contracts for the water supply
system; and/or completing construction of all infrastructure for the water supply
system.
(3) The Director’s decision is not subject to appeal pursuant to the Land Use Code or
Code of the City of Fort Collins.
(4) The Director shall require a disclosure, recorded by the Larimer County Clerk, to be
provided at the time of all property sales or transfers that the water supply for this
development is being provided by the approved entity.
Section 3.12.6 - Procedures and Standards for Water Adequacy Determinations: Non-Potable Water
Supply Entities
(A)Application Requirements for Non-Potable Water Supplies. Applications for a Water Adequacy
Determination for all or portions of a development to be served with untreated water shall
include the following:
(1) Summary document linking the information to the standard of review; and
(2) Report including information required under Section 29-20-304(1), C.R.S.:
(a) An estimate of the water supply requirements for the proposed development
through build-out conditions;
(b) A description of the physical source of water supply that will be used to serve the
proposed development. This description must include water quality test results and
results of an analysis investigating any limitations of use due to poor quality;
(c) A description of the water rights either owned or planned for acquisition, contracts,
and/or IGAs required for the proposed water supply;
(d) An estimate of the amount of water yield projected from each proposed water
supply source under various hydrologic conditions. For surface water sources, this
should include results of an analysis of historical temporal availability of the
proposed supplies throughout the year, annual volumetric yield, and the frequency
and flow rate of deliveries. For groundwater sources, this should include
descriptions of the decreed place of use, flow rate, and annual volumetric limits,
and their temporal availability of the proposed supplies throughout the year based
on augmentation requirements;
(e) Water conservation measures, if any, that may be implemented within the
development;
(f) Water demand management measures, if any, that may be implemented within the
development to account for hydrologic variability; and
(g) Description of all water conservation measures to be applied in the development
and how they would be enforced and effectuated. At a minimum, smart controllers
and flow meters are required per the development code;
(3) Financial documentation showing that the proposed provider is able to create the
proposed water supply system and maintain it in perpetuity.
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(4) A narrative describing how the entity plans to ensure compliance equal to or better than
City water conservation requirements including those outlined in Division 3.2.
(5) Approval documentation from other regulatory agencies, including the Established Potable
Water Supply Entity whose service area contains the proposed non-potable system.
(6) Such other information as may be required by the Director.
(B)Review of Application.
(1) Agreement on Costs. Prior to the City reviewing any application under this section, the
applicant shall agree in writing to reimburse the City for all costs associated with reviewing
the application and associated materials, including costs associated with consultants hired
to assist the Director’s review. No Water Adequacy Determination shall be issued unless
and until all such costs have been paid to the City. The fee assessed by the City shall not
exceed the cost of the review and administration of the review process.
(2) Review.
(a) The Director shall review the materials provided by the applicant following the
completion of the agreement identified in the previous subsection. The length of the
Director’s review shall be based on the complexity of the application, the proposed
water supply, and proposed water supply system.
(b) Following the submission of the application, the Director shall be entitled to require
any such additional or supplemental information from the applicant as may be
required for the Director’s review.
(c) Applications for Water Adequacy Determinations for Non-potable systems shall be
submitted at the same time as Development Construction Permit for review.
(C)Approval Standards.
(1) To issue a Water Adequacy Determination under this section, the Director must find
that the application and associated materials establish that:
(a) The quality of the proposed non-potable water supply will be sufficient for
build-out of the proposed development by:
1. providing non-potable water to the development of a quality sufficient to
meet all planned landscape needs and other intended non-potable water
uses shown in the approved landscape or utility plans;
(b) The quantity of the proposed non-potable water supply will be sufficient for
build-out of the proposed development by:
1. relying upon a renewable and/or sustainable physical supply of water;
2. having water rights or water contracts that provide a permanent firm
yield equal to or greater than the maximum daily water requirement
(accounting for typical conveyance and irrigation and other inefficiencies)
under various hydrological conditions, including a modeled one-in-fifty
year drought, when taking into consideration all applicable obligations,
including augmentation requirements and return flow obligations; and
3. for lands to be served by tributary groundwater, establishing that the plan
for augmentation will operate to provide a permanent firm yield equal to
or greater than the maximum assumed demand under various
hydrological conditions, including a modeled one-in-fifty year drought,
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when taking into consideration all applicable obligations, including
augmentation requirements and return flow obligations.
(c) The dependability of the proposed non-potable water supply will be sufficient
for build-out of the proposed development by:
1. if the non-potable water supply system includes treatment, establishing
that the treatment can and will operate sustainably in a manner that is
economical, safe, and that does not produce any harmful by-products;
2. establishing and maintaining a water supply entity that has the technical
expertise and resources to oversee and maintain the non-potable water
supply system.
(d) The availability of the proposed water supply will be sufficient for build-out of
the proposed development by:
1. establishing the applicant has the necessary property rights and resources
to build and operate the proposed non-potable water supply system;
2. for lands to be served by tributary groundwater, establishing that the
proposed use of the tributary groundwater is sustainable with evidence of
assured supply for the lifetime of the development.
(D)Decision.
(1) The Director shall make Water Adequacy Determinations, conditional approvals,
and denials of Water Adequacy Determinations based on the information provided
by the applicant and developed by the City and any consultants. The Director shall
maintain a record of all non-privileged information developed to review the
proposed water supply and proposed water supply system and that record shall
become part of the associated development application.
(2) The Director shall make Water Adequacy Determinations, conditional approvals,
and denials of Water Adequacy Determinations in writing and include findings made
under Section (3) Standards. The written determination shall be included in the plan
set for the associated development application, if approved. The Director shall be
entitled to make a Water Adequacy Determinations conditioned upon the applicant
acquiring the required water right decrees for the water rights system.
(3) The Director’s decision is not subject to appeal pursuant to the Land Use Code or
Code of the City of Fort Collins.
Water Adequacy Determination Definitions to Place in LUC Art. 5
Adequate shall mean a water supply that will be sufficient for build-out of the proposed
development in terms of quality, quantity, dependability, and availability to provide a supply
of water for the lifetime of the type of development proposed, and may include reasonable
conservation measures and water demand management measures to account for hydrologic
variability.
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Established Potable Water Supply Entities shall mean the City of Fort Collins, the East
Larimer County Water District, the Fort Collins-Loveland Water District, the Sunset Water
District, and the West Fort Collins Water District.
Non-Potable Water shall mean water that has not been treated to state and federal
standards safe for human consumption, but can be placed to beneficial uses, including
irrigation, dust suppression, toilet and urinal flushing, or make-up water for mechanical
equipment.
Non-Potable Water Supply Entities shall mean the water supply entities, either Established
Potable Water Supply Entities or other water supply entities that provide water that does
not meet the state and federal standards for human consumption to developments for the
beneficial uses of Non-Potable Water.
Other Potable Water Supply Entities shall mean the water supply entities other than the
Established Potable Water Supply Entities that provide potable water service, including new
proposed water supplies.
Potable water, shall mean water, also known as drinking water, that is treated to levels
which meet state and federal standards for human consumption.
Water Adequacy Determination shall mean a determination whether the proposed water
supply for a development is adequate.
Water supply entity shall mean a municipality, county, special district, water conservancy
district, water conservation district, water authority, or other public or private water supply
entity that, at the time of the application, or within three years of application, supplies,
distributes, or otherwise provides water at retail.
Water supply system shall mean all infrastructure planned or used to divert and deliver
water to a development.
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Division 3.12 - Water Adequacy Determinations
Section 3.12.1 - Purpose.
The general purpose of this Division is to establish the standards and procedures by which the adequacy
of proposed water supplies for development are reviewed and determined pursuant to Section 29-20-
301, et seq., C.R.S. The specific purposes are to:
(A) Fulfill the Colorado Revised Statutes Section 29-20-303(1) requirement that the City “shall not
approve an application for a development permit unless it determines in its sole discretion, after
considering the application and all of the information provided, that the applicant has
satisfactorily demonstrated that the proposed water supply will be adequate.”
(B) Protect public health, safety, and welfare by ensuring that the water supplies for developments
are adequate;
(C) Ensure that growth and development in the City occur in a planned and coordinated manner;
(D) Ensure that the City is provided with reliable information concerning the adequacy of
developments’ proposed water supplies to inform the City, in the exercise of its discretion, in
the approval of development applications and permits;
(E) Promote safe, efficient, and economic use of public resources in developing and providing
water;
(F) Ensure City participation in the review and approval of development plans that pass through
and impact City residents, businesses, neighborhoods, property owners, and resources.
Section 3.12.2 - Applicability.
This Division shall apply to all development, or redevelopment, that requires new, expanded, or
increased water use, whether potable or non-potable, within the incorporated municipal boundaries of
the City. No such development or redevelopment shall be approved and allowed to proceed unless the
Director has determined that the proposed water supply for the development or redevelopment is
adequate.
Section 3.12.3 Application.
(A) An applicant seeking a water adequacy determination shall file an application with the Director
pursuant to this Division at the same time as submitting an application for Final Plan or Basic
Development Review, as outlined in Divisions 2.5 and 2.18, unless the application timing is
altered pursuant to any of the following:
(1) The Director may defer the timing of an application for a water adequacy determination for
potable water until submittal with a Development Construction Permit (Division 2.6);
(2) The Director may defer the timing of an application for a water adequacy determination for
potable water until submittal with a Building permit (Division 2.7), if the provider is an
Established Potable Water Supply Entity; or
(3) Applications for Water Adequacy Determinations for non-potable systems shall be
submitted at the same time as Development Construction Permit for review, as outlined in
Division 2.6.
Commented [ELEMENT1]: Missing an end quote.
Commented [MS2]: Should this be done at the BDR
stage? Doing it later, such as the Final (FDP) stage is too
late. This determination should be made up front.
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(B) The applicant shall file separate applications for Water Adequacy Determinations for each
portion of the development served by different water supply entities or water supply systems.
The Director shall have the discretion to determine whether separate applications are required.
Subsequent sections in this Division provide distinctions in the evaluation process for
Established Potable Water Supply Entities, Other Potable Water Supply Entities, and Non-
Potable Water Supply Entities.
(C)Material Changes. The City shall make a Water Adequacy Determination only once for each
portion of a development served by a different potable or non-potable water supply entities or
water supply systems during the development review process unless the water demands or
supply of the portion of the development for which approval is sought are materially changed.
The Director shall determine whether changes to the water demands or supply for any
development or redevelopment are material and require a water adequacy determination. The
Director’s determination is not subject to appeal pursuant to the Land Use Code or Code of the
City of Fort Collins.
Section 3.12.4 - Procedures and Standards for Water Adequacy Determinations: Established Potable
Water Supply Entities
(A)Application Requirements.
(1) Requests for a Water Adequacy Determination for all or portions of a development to be
served with potable water by an Established Potable Water Supply Entity shall be in a form
as required by the Director. Such requests shall include the following:
(1) Identification of the portions of a development to be served with potable water by the
Established Potable Water Supply Entity; and
(2)A letter prepared by the Established Potable Water Supply Entity’s by a registered
professional engineer or by a water supply expert from the Established Potable Water
Supply Entity stating:
(2) (i) the Established Potable Water Supply Entity’s its ability to provide an
adequate water supply for the proposed development and;.
(3) (ii) A letter prepared by a water supply expert from the Established Potable
Water Supply Entity stating it is willing to commit to provide an adequate water
supply for the proposed development, including any and the conditions of the
commitment. under which it will commit to serving the development.
(2)The Requests under this section shall also include a letter as described in subsection (21),
shall also include the following: unless exempted pursuant to subsection ((2) or (3), or both).
(a)A letter prepared by a registered professional engineer or by a water supply expert
from the Established Potable Water Supply Entity stating:
1. An estimate of the water supply requirements for the proposed development
through build-out conditions;
2. A description of the physical source of water supply that will be used to serve the
proposed development. If the proposed source includes groundwater, this
Formatted: Indent: Left: 1.13", No bullets or
numbering
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description must include water quality test results and results of an analysis into
the potential impact on water treatment processes or the quality of delivered
potable water;
3. An estimate of the amount of water yield projected from the proposed water
supply under various hydrologic conditions including long term variability and
future climate risk;
4. Water conservation measures, if any, that may be implemented within the
proposed development;
5. Water demand management measures, if any, that may be implemented to
address hydrologic variations;
6. Results from analyses performed demonstrating the ability for the proposed
water supply to meet demands of the proposed development under various in all
hydrologic conditions; and
7. Such other information as may be required by the Director in order to determine
whether the proposed water supply will be adequate.
(b) The letter described in subsection (1) shall not be required if the Established Potable
Water Supply Entity has a water supply plan that:
1. Has been reviewed and updated, if appropriate, within the previous ten years by
the governing board of the Established Potable Water Supply Entity;
2. Has a minimum twenty-year planning horizon;
3. Lists the water conservation measures, if any, that may be implemented within
the service area;
4. Lists the water demand management measures, if any, that may be implemented
within the development;
5. Includes a general description of the water supply entity's water obligations;
6. Includes a general description of the water supply entity's water supplies;
7. Includes an estimate of the water supply requirements of the proposed
development through build-out conditions and demonstrates the entity’s water
supplies can meet these demands; and
8. Has been reviewed by City Council and is on file with the City’s Community
Development and Neighborhood Services Department. The Director may defer
the Council review requirement until such time as the Established Potable Water
Supply Entity updates their existing water supply plan.
(B)Review of Application. The Director shall promptly review the application and associated
materials concurrently with the required Final Plan, Basic Development Review,
Development Construction Permit, or Building Permit application.
(C)Approval Standards.
To issue a Water Adequacy Determination under this section, the Director must find that:
(1) The statements in the application and associated materials are complete, correct, and
reliable; and
(2) The applicant provider submitted appropriate documentation establishing that the
applicant is y are in compliance with all applicable regulations.
Commented [ELEMENT3]: Does “the proposed water
supply” refer to all rights including a portfolio of water
supplies (water rights, contracts, IGAs) and operational
systems (storage, water system integration) that are used to
meet demands under variable hydrology or the certain
dedication requirement to get a service commitment? ELCO
interprets this to be the total water supply, including the
water dedicated for the subject development, that the
EPWSE has available in average and dry years to meet the
total water demand for the uses of the subject development
and prior customers. Is that correct?
Commented [ELEMENT4]: Although this language is
copied from the statute, is “demand management” different
from conservation in (A)(2)(a)5. above? Does demand
management refer to demand-side drought mitigation? Will
FC use this information or is the requirement just because
the requirement is listed in the statute? How is this
information used by FC?
Commented [ELEMENT5]: Will FC provide an example or
form to follow?
Commented [ELEMENT6]: What is the distinction
between:
xConservation versus demand management and Service
area versus “the development”?
Is this referring to demand standards?
Commented [ELEMENT7]: Clarify what this means.
Commented [MS8]: Will need to make it clear that if a
development is planning to add demand to ELCO’s system,
that developer will be required to add the corresponding
supply.
Commented [MS9]: I can see how a water supply plan
that is updated every 10 years can generally forecast water
supply needs based on land use planning for large areas but
how can that same plan forecast future developments and
their specific water supply needs / demands?
Commented [ELEMENT10]:
Commented [TG11R10]: The change assumes the
applicant is intended. If this provision is intended to
address the Established Potable Water Supply Entity, the
referenced regulations need to be identified and included in
the letter or plan provided by the Established Water Supply
Entity.
Commented [TG12]: 29-20-305 adds the requirement:
"Whether the applicant has paid to a water supply entity a
fee or charge for the purpose of acquiring water for or
expanding or constructing the infrastructure to serve the
proposed development." I suggest adding a (3) that states
the applicant has satisfied all conditions required for the
Established Potable Water Service Entity to provide potable
water service to the Project as provided in any letter of an
Established Potable Water Service Entity submitted by the
applicant or any conditions provided in any water supply
plan of an Established Potable Water Service Entity on file ...
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(D)Decision. The Director shall make Water Adequacy Determinations, conditional approvals,
and denials of Water Adequacy Determinations in writing and those decisions shall become
part of the plan set for the associated development application, if approved. The Director’s
decision is not subject to appeal pursuant to the Land Use Code or Code of the City of Fort
Collins.
Section 3.12.5 - Procedures and Standards for Water Adequacy Determinations: Other Potable Water
Supply Entities
(A)Application Requirements for Other Potable Water Supply Entities. Applications for a Water
Adequacy Determination for all or portions of a development to be served with potable water
by Other Potable Water Supply Entities shall be in a form as required by the Director. Such
applications shall include the following:
(1) A summary document linking the information to the standard of review; and
(2) Report including information required under Section 29-20-304(1), C.R.S.:
(a) An estimate of the water supply requirements for the proposed development through
build-out conditions;
(b) A description of the physical source of water supply that will be used to serve the
proposed development. This should include water quality test results and proposed
methods of water treatment from a registered professional engineer;
(c) A description of the water rights either owned or planned for acquisition required for
proposed water supply;
(d) An estimate of the amount of water yield projected from the proposed water supply
under various hydrologic conditions;
(e) Water conservation measures that may be implemented within the development
including how the entity plans to ensure compliance equal to or better than City water
conservation requirements including those outlined in Division 3.2;
(f) Water demand management measures, if any, that may be implemented within the
development to account for hydrologic variability; and
(g) Description of all water conservation measures to be applied in the development and
how they would be enforced and effectuated.
(3) Financial documentation establishing that the proposed provider is able to create the
proposed water supply system and maintain it in perpetuity.
(4) A fee assessment describing the proposed water rates and fees for the new system and how
those fees compare with those charged by the Established Potable Water Supply Entities.
This assessment should include consideration of any metro district, HOA, or other taxes or
fees that are also uniquely applicable to the proposed development.
(5) Approval documentation from other regulatory agencies such as CDPHE.
(6) Detailed information on any proposed water treatment processes as well as how any waste
products created from the treatment process will be properly disposed.
(7) Such other information as may be required by the Director in order to determine whether
the proposed water supply will be adequate.
(B)Review of Application.
Commented [ELEMENT13]: How can a “planned”
acquisition be relied upon for an adequate supply
determination?
Commented [TG14R13]: If any water rights are
conditional or not currently acquired, the Director should
confirm all conditional or planned rights have been obtained
prior to approval.
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(1) Agreement on Costs. Prior to the City reviewing any application under this section, the
applicant shall agree in writing to reimburse the City for all costs associated with reviewing
the application and associated materials, including costs associated with consultants hired
to assist the Director’s review. No Water Adequacy Determination shall be issued unless and
until all such costs have been paid to the City. The fee assessed by the City shall not exceed
the cost of the review and administration of the review process.
(2)Review.
(a) The Director shall review the materials provided by the applicant following the
completion of the agreement identified in the previous subsection. The time needed
for the Director’s review shall be based on the complexity of the application, the
proposed water supply, and proposed water supply system.
(b) Following the submission of the application, the Director shall be entitled to require
any such additional or supplemental information from the applicant as may be
required to review and ensure compliance with all review criteria.
(c) The review will be completed concurrently with the required Final Plan, Basic
Development Review, Development Construction Permit, or any plan amendments as
specified in Section 3.12.3.
(C)Approval Standards.
(1) To issue a Water Adequacy Determination under this section, the Director must find that the
application and associated materials establish that:
(a) The quality of the proposed potable water supply will be sufficient for build-out of the
proposed development by:
1. providing potable water to the development of a quality that meets or exceeds all
state and federal water quality standards;
2. providing potable water to the development of a quality equal to or better than
the quality of potable water provided by the City of Fort Collins as measured by
appropriate water quality aspects ; and
3. establishing and maintaining a water supply entity that has the technical expertise
and resources to maintain the quality of the water supply for the lifetime of the
development.
(b) The quantity of the proposed potable water supply will be sufficient for build-out of
the proposed development by:
1. relying upon a renewable and/or sustainable physical supply of water, that takes
into account any impacts if multiple users have rights to use water from a single
source, such as an aquifer;
2. having ability to acquire the water rights or water contracts that provide a
permanent firm yield equal to or greater than the maximum assumed demand in
all hydrological conditions, including a modeled one-in-fifty year drought, when
taking into consideration reasonable transit and other losses and all applicable
obligations, including augmentation requirements and return flow obligations;
and
3. for lands to be served by tributary groundwater, establishing that the plan for
augmentation will operate to provide a permanent firm yield equal to or greater
than the maximum assumed demand in all hydrological conditions, including a
Commented [RR15]: It seems that the developer will say
its fine now, but how will you insure it will stay that way
over time.
Commented [RR16]: Can there be a clarification if non-
tributary is not considered renewable?
Formatted: Highlight
Commented [RR17]: Should this be own?
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modeled one-in-fifty year drought, when taking into consideration reasonable
losses and all applicable obligations, including augmentation requirements and
return flow obligations for the lifetime of the development.
(c) The dependability of the proposed potable water supply will be sufficient for build-out
of the proposed development by:
1. establishing that the water supply system includes sufficient redundancy equal to
or better than the redundancy of the City of Fort Collins system;
2. if the water supply system includes a water treatment facility, demonstrate how
the facility operators will ensure they have the technical expertise and resources
to operate the treatment facility dependably and sustainably in a manner that is
economical, safe, and that does not produce any harmful by-products. ;
3. establishing that the water supply system can operate during water supply
shortages and emergencies, including infrastructure issues, natural disasters, and
long-term climate change; and
4. establishing and maintaining a water supply entity that can oversee and maintain
the water supply system for the lifetime of the development.
(d) The availability of the proposed potable water supply will be sufficient for build-out of
the proposed development by:
1. establishing the applicant has the necessary property rights and resources to build
and operate the proposed water supply system;
2. for lands to be served by tributary groundwater, establishing that the proposed use
of the tributary groundwater is sustainable with evidence of assured supply for the
lifetime of the development; and
3. for lands within the water service area of an Established Potable Water Supply
Entity Provider, establishing that: if required by a Colorado statute or any applicable
rule or regulation, the lands to be served by the Other Potable Water Supply Entities
have been removed from the water service area of the an Established Potable
Water Supply Entity; or the Established Water Supply Entity consents to the
proposed service by the Other Potable Water Supply Entity.
(D) Modification of Standards. If a Potable Water Supply Entity cannot meet the Fort Collins
Utility Standards set forth above, then they may seek a modification of standards pursuant
to Division 2.8 with the Director as the designated decision maker. In addition to the
standards set forth in Section 2.8.2(H), the Director must find that the modified standard is
comparable to an existing standard already being employed by another Established Potable
Water Entity. The Director’s decision regarding a requested modification of standards is not
subject to appeal pursuant to the Land Use Code or Code of the City of Fort Collins.
(E)Decision.
(1) The Director shall make Water Adequacy Determinations, conditional approvals,
and denials of Water Adequacy Determinations based on the information provided
by the applicant and developed by the City and any consultants. The Director shall
maintain a record of all non-privileged information developed to review the
proposed water supply and proposed water supply system and that record shall
become part of the associated development application.
Commented [RR18]: Redundancy is not defined. Does
this mean multiple sources? Interconnects? How is the
City’s redundancy defined as a standard?
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(2) The Director shall make Water Adequacy Determinations, conditional approvals,
and denials of Water Adequacy Determinations in writing and include findings made
under Section (3) Standards. The written determination shall be included in the plan
set for the associated development application, if approved. The Director shall be
entitled to make a Water Adequacy Determinations conditioned upon the applicant:
acquiring the required water right decrees and water contracts for the water supply
system; and/or completing construction of all infrastructure for the water supply
system.
(3) The Director’s decision is not subject to appeal pursuant to the Land Use Code or
Code of the City of Fort Collins.
(4) The Director shall require a disclosure, recorded by the Larimer County Clerk, to be
provided at the time of all property sales or transfers that the water supply for this
development is being provided by the approved entity.
Section 3.12.6 - Procedures and Standards for Water Adequacy Determinations: Non-Potable Water
Supply Entities
(A)Application Requirements for Non-Potable Water Supplies. Applications for a Water Adequacy
Determination for all or portions of a development to be served with untreated water shall
include the following:
(1) Summary document linking the information to the standard of review; and
(2) Report including information required under Section 29-20-304(1), C.R.S.:
(a) An estimate of the water supply requirements for the proposed development
through build-out conditions;
(b) A description of the physical source of water supply that will be used to serve the
proposed development. This description must include water quality test results and
results of an analysis investigating any limitations of use due to poor quality;
(c) A description of the water rights either owned or planned for acquisition, contracts,
and/or IGAs required for the proposed water supply;
(d) An estimate of the amount of water yield projected from each proposed water
supply source under various hydrologic conditions. For surface water sources, this
should include results of an analysis of historical temporal availability of the
proposed supplies throughout the year, annual volumetric yield, and the frequency
and flow rate of deliveries. For groundwater sources, this should include
descriptions of the decreed place of use, flow rate, and annual volumetric limits,
and their temporal availability of the proposed supplies throughout the year based
on augmentation requirements;
(e) Water conservation measures, if any, that may be implemented within the
development;
(f) Water demand management measures, if any, that may be implemented within the
development to account for hydrologic variability; and
Commented [MS19]: ELCO’s requires that the proposed
non-potable landscape irrigation supply be held to the same
reliability standard as if it were a like irrigation supply from
ELCO. (Supply factor = 1.5).
Will an applicant be subject to different requirements for
the ELCO and City review processes or is the City planning to
coordinate with ELCO in some way?
Commented [ELEMENT20]: What water quality testing
is needed? Does this apply to non-potable water?
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(g) Description of all water conservation measures to be applied in the development
and how they would be enforced and effectuated. At a minimum, smart controllers
and flow meters are required per the development code;
(3) Financial documentation showing that the proposed provider is able to create the
proposed water supply system and maintain it in perpetuity.
(4) A narrative describing how the entity plans to ensure compliance equal to or better than
City water conservation requirements including those outlined in Division 3.2.
(5) Approval documentation from other regulatory agencies, including the Established Potable
Water Supply Entity whose service area contains the proposed non-potable system.
(6) Such other information as may be required by the Director.
(B)Review of Application.
(1) Agreement on Costs. Prior to the City reviewing any application under this section, the
applicant shall agree in writing to reimburse the City for all costs associated with reviewing
the application and associated materials, including costs associated with consultants hired
to assist the Director’s review. No Water Adequacy Determination shall be issued unless
and until all such costs have been paid to the City. The fee assessed by the City shall not
exceed the cost of the review and administration of the review process.
(2) Review.
(a) The Director shall review the materials provided by the applicant following the
completion of the agreement identified in the previous subsection. The length of the
Director’s review shall be based on the complexity of the application, the proposed
water supply, and proposed water supply system.
(b) Following the submission of the application, the Director shall be entitled to require
any such additional or supplemental information from the applicant as may be
required for the Director’s review.
(c) Applications for Water Adequacy Determinations for Non-potable systems shall be
submitted at the same time as Development Construction Permit for review.
(C)Approval Standards.
(1) To issue a Water Adequacy Determination under this section, the Director must find
that the application and associated materials establish that:
(a) The quality of the proposed non-potable water supply will be sufficient for
build-out of the proposed development by:
1. providing non-potable water to the development of a quality sufficient to
meet all planned landscape needs and other intended non-potable water
uses shown in the approved landscape or utility plans;
(b) The quantity of the proposed non-potable water supply will be sufficient for
build-out of the proposed development by:
1. relying upon a renewable and/or sustainable physical supply of water;
2. having water rights or water contracts that provide a permanent firm
yield equal to or greater than the maximum daily water requirement
(accounting for typical conveyance and irrigation and other inefficiencies)
in all under various hydrological conditions, including a modeled one-in-
fifty year drought, when taking into consideration all applicable
Commented [MS21]: ELCO has its own assessment and
approval process for developments seeking to use a non-
potable supply for SF residential lot irrigation. How will the
timing of this new City review align with the ELCO process?
Commented [MS22]: What if the findings of ELCO and
the Director don’t align? ELCO will not grant a developer a
reduced raw water and plant investment fee requirement if
the City approves a non-potable supply and ELCO does not.
What if the reverse is true?
Commented [RR23]: Does this exclude non-tributary
groundwater? Can this be clarified?
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obligations, including augmentation requirements and return flow
obligations; and
3. for lands to be served by tributary groundwater, establishing that the plan
for augmentation will operate to provide a permanent firm yield equal to
or greater than the maximum assumed demand in all under various
hydrological conditions, including a modeled one-in-fifty year drought,
when taking into consideration all applicable obligations, including
augmentation requirements and return flow obligations.
(c) The dependability of the proposed non-potable water supply will be sufficient
for build-out of the proposed development by:
1. if the non-potable water supply system includes treatment, establishing
that the treatment can and will operate sustainably in a manner that is
economical, safe, and that does not produce any harmful by-products;
2. establishing and maintaining a water supply entity that has the technical
expertise and resources to oversee and maintain the non-potable water
supply system.
(d) The availability of the proposed water supply will be sufficient for build-out of
the proposed development by:
1. establishing the applicant has the necessary property rights and resources
to build and operate the proposed non-potable water supply system;
2. for lands to be served by tributary groundwater, establishing that the
proposed use of the tributary groundwater is sustainable with evidence of
assured supply for the lifetime of the development.
(D)Decision.
(1) The Director shall make Water Adequacy Determinations, conditional approvals,
and denials of Water Adequacy Determinations based on the information provided
by the applicant and developed by the City and any consultants. The Director shall
maintain a record of all non-privileged information developed to review the
proposed water supply and proposed water supply system and that record shall
become part of the associated development application.
(2) The Director shall make Water Adequacy Determinations, conditional approvals,
and denials of Water Adequacy Determinations in writing and include findings made
under Section (3) Standards. The written determination shall be included in the plan
set for the associated development application, if approved. The Director shall be
entitled to make a Water Adequacy Determinations conditioned upon the applicant
acquiring the required water right decrees for the water rights system.
(3) The Director’s decision is not subject to appeal pursuant to the Land Use Code or
Code of the City of Fort Collins.
Water Adequacy Determination Definitions to Place in LUC Art. 5
Adequate shall mean a water supply that will be sufficient for build-out of the proposed
development in terms of quality, quantity, dependability, and availability to provide a supply
Commented [RR24]: Non-potable water supply is defined
as a supply without treatment below.pi
Commented [TG25]: Add, Nothing contained in this
Section 3.12.6 shall satisfy or otherwise affect any
requirements imposed by an Established Potable Water
Supply Entity for the providing of water service by such
Established Potable Water Supply Entity.
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10 | P a g e
of water for the lifetime of the type of development proposed, and may include reasonable
conservation measures and water demand management measures to account for hydrologic
variability.
Established Potable Water Supply Entities shall mean the City of Fort Collins, the East
Larimer County Water District, the Fort Collins-Loveland Water District, the Sunset Water
District, and the West Fort Collins Water District.
Non-Potable Water shall mean water that has not been treated to state and federal
standards safe for human consumption, but can be placed to beneficial uses, including
irrigation, dust suppression, toilet and urinal flushing, or make-up water for mechanical
equipment.
Non-Potable Water Supply Entities shall mean the water supply entities, either Established
Potable Water Supply Entities or other water supply entities that provide water that does
not meet the state and federal standards for human consumption to developments for the
beneficial uses of Non-Potable Water.
Other Potable Water Supply Entities shall mean the water supply entities other than the
Established Potable Water Supply Entities that provide potable water service, including new
proposed water supplies.
Potable water, shall mean water, also known as drinking water, that is treated to levels
which meet state and federal standards for human consumption.
Water Adequacy Determination shall mean a determination whether the proposed water
supply for a development is adequate.
Water supply entity shall mean a municipality, county, special district, water conservancy
district, water conservation district, water authority, or other public or private water supply
entity that, at the time of the application, or within three years of application, supplies,
distributes, or otherwise provides water at retail.
Water supply system shall mean all infrastructure planned or used to divert and deliver
water to a development.
Commented [ELEMENT26]: How is this defined?
Commented [TG27R26]: Would perpetual supply of
water for the type of development proposed express the
intent better?
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April 13, 2023
City of Fort Collins Planning and Zoning Commission
Dear Planning Commissioners:
On Tuesday April 11, 2023, the Fort Collins-Loveland Water District received the first notice from the
City of Fort Collins Community Development Department regarding the proposed code review for new
regulations regarding a Water Adequacy Determination that would have significant detrimental impact
to the Fort Collins-Loveland Water District. The Planning and Zoning Work Session where this would be
discussed will be held on Friday April 14 at 12:00pm. This provides less than 72 hours to evaluate and
respond to proposed new regulatory code that has a very significant impact to the provision of potable
water for a significant number of City residents today and into the future. Considering normal business
hours and cutoff times for packet submittals 24 hours prior to the meeting, this provides effectively 12
business hours to respond to the City’s proposed code. This is simply not adequate and indicates a lack
of follow-through by staff on the stakeholder engagement direction provided by this commission and
City Council.
The Fort Collins-Loveland Water District is a quasi-municipal corporation and a political subdivision of
the state of Colorado with all the powers of a water district organized under Part 1, Article 1, Title 32,
Colorado Revised Statutes to supply water for domestic and other public and private purposes by any
available means. We serve a population in excess of 63,000 through more than 19,000 taps in an area
that includes portions of the City of Fort Collins, City of Loveland, Town of Timnath, Town of Windsor
and unincorporated Larimer County. Within the City of Fort Collins, we serve approximately 24,000 City
Residents in City Council Districts 2, 3 and 4.
As an independent unit of government, FCLWD is not subject to the City’s review and determination of
adequacy of our water supplies compared to our existing or proposed service areas within the
established and mutually agreed upon water service boundaries with our adjacent potable water
providers. Submittal of Existing Potable Water Provider water supply plans to the City was indicated in
the City’s recorded video presentation introducing the proposed code posted on the City’s website at
https://www.fcgov.com/planning/water-adequacy . As a Title 32 Special District we take great exception
to being regulated by an adjacent unit of government within our state authorized mission to deliver
potable water.
In response to Section 3.12.4 (A) (1) The District does not manage our water supply commitments on a
per-tap or per-subdivision basis. We manage our water resource supplies and our system demands on
an aggregate basis, and continually acquire water resources to allow us to sell individual taps on
demand for cash-in-lieu of water dedication. It is the District’s goal to continue to maintain a water
supply portfolio that equals or exceeds the aggregate demand from our customers. Due to this
approach, when we issue a “Will Serve” letter, we are committing that adequate water pressure zones
exist within our water distribution system to supply adequate water pressure at the customer tap, and
that the overall transmission and distribution system has adequate capacity to support the general
demand of this type of use. However, system distribution capacity is more often driven by fire flow
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requirements than domestic customer demands. Therefore, a “Will Serve” letter is not specific to, nor is
it a reservation for a commitment of water resources to a particular tap or development.
In response to Section 3.12.4 (A) (2) (a) 1. Our water supply requirements are posted on our website in
our Tap Fee Schedules. We do not provide development specific pro-forma analysis of water supply
requirements on a per-application or per-subdivision basis, as our requirements are very
straightforward based on customer type and tap size or units of multi-family residential
proposed. Regarding Section 3.12.4 (A) (2) (a) 2. Our water sources are conmingled through the
treatment process and are not obtained through dedication by individual developments, nor are they
delivered to or accounted to only specific developments. The District acquires water for treatment that
is compatible with the treatment processes used at our Soldier Canyon treatment plant, and we have
full control over the water that we acquire to determine its suitability for treatment. We do not need to
submit this to the City for evaluation or review of our analysis of the “potential impact on water
treatment processes or the quality of delivered potable water.” It is the District’s sole determination of
the adequacy of our water supply that informs our ability to sell water taps on demand, or restrict tap
sales if needed. Further, responding to paragraph 3.12.4 (A) (2) (b) 8. The District does not need City
Council review nor Community Development approval of our water supply plans to determine if our
water supply is adequate for proposed tap applications.
We would appreciate support from the City of Fort Collins to recognize the authority vested by the State
of Colorado in Title 32 Special Districts such as East Larimer County Water District (ELCO) and the Fort
Collins-Loveland Water District (FCLWD) and to support the local water district’s exclusive and sovereign
authority to regulate the provision of potable water within their service areas. When the City entertains
a competing proposal from a proposed potable water provider, it undermines the statutory authority of
the existing Special District that has invested financial, water rights and infrastructure resources to
provide service within their service area boundary.
The proposed code goes to great length to define a process to determine if a water supply is adequate,
but it does very little to address protecting the exclusive right of an existing potable water provider to
provide potable water within their service area. We suggest that already-defined water service areas
within and surrounding the City of Fort Collins be protected through the City planning and Community
Development processes, and only when the current provider formally relinquishes their ability or
willingness to serve potable water, that other provider options be considered.
Sincerely,
Chris Pletcher, PE
General Manager
Enclosures:
April 11, 2023 Email from City Staff Regarding Water Adequacy Code Review
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1
Chris Pletcher
From:Jenny Axmacher <jaxmacher@fcgov.com>
Sent:Tuesday, April 11, 2023 1:39 PM
To:Chris Pletcher
Cc:Eric Potyondy
Subject:City of Fort Collins Water Adequacy Determination Review Code Updates
Attachments:Att 1 - Proposed WADR Code with Header.pdf
Hi Chris,
I am a planner with the City of Fort Collins and got your contact informa Ɵon from Eric, our Water AƩorney. The City has
been working on a code update to our Land Use Code to add specific regulaƟons outlining how the City will make a
water adequacy determinaƟon for new development. The regulaƟons are divided into three different categories, one for
Established Water Providers, one for new providers and one for non-potable providers. The goal is to comply with
Colorado state statute (SecƟon 29-20-301, et seq., C.R.S.) and to make sure development has the necessary water
supply.
Since your District is a water provider within our city limits, I wanted to make sure you were aware of the update and
had a chance to review the draŌ and provide feedback. Fort Collins - Loveland Water District is currently considered an
Established Water Provider under the proposed code updates. I have some Ɵme reserved next week if you’d like to meet
to discuss it. Otherwise, feel free to send us feedback on it, or a Ʃend any of the public hearings. The adopƟon schedule
is as follows:
April 14 – P&Z Work Session
April 26 – P&Z Public Hearing to make recommendaƟon to Council
May 16 – Council Public Hearing/First Reading
Sincerely,
. . . . . . . . . . . . . . . . . .
Jenny Axmacher, AICP
Pronouns: she/her
Principal Planner
Community Development & Neighborhood Services
City of Fort Collins
281 N. College Ave.
970-416-8089 office
jaxmacher@fcgov.com
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29-20-ϯϬϭ͘>ĞŐŝƐůĂƟǀĞĚĞĐůĂƌĂƟŽŶ͘
1)The general assembly:
a. Finds that, due to the broad regional impact that securing an adequate supply of water to serve
proposed land development can have both within and between river basins, it is imperative that
local governments be provided with reliable information concerning the adequacy of proposed
developments’ water supply to inform local governments in the exercise of their discretion in the
issuance of development permits;
b. To that end, declares that while land use and development approval decisions are matters of local
concern, the enactment of this part 3, to help ensure the adequacy of water for new developments,
is a matter of statewide concern and necessary for the preservation of public health, safety, and
welfare and the environment of Colorado;
c. Finds that it is necessary to clarify that, where a local government makes a determination whether
an applicant for a development permit has demonstrated the proposed water supply is adequate to
meet the needs of the development in accordance with the requirements of this part 3, the local
government, in its sole discretion, not only makes the determination but also possesses the
flexibility to determine at which stage in the development permit approval process the
determination will be made; and
d. Further finds that it is also necessary to clarify that the stages of the development permit approval
process are any of the applications, or any combination of the applications, specified in section 29-
20-103 (1) as determined by the local government, and that none of the stages are intended to
constitute separate development permit approval processes for purposes of section 29-20-303.
29-20-ϯϬϮ͘ĞĮŶŝƟŽŶƐ͘
As used in this part 3, unless the context otherwise requires:
1)͞ĚĞƋƵĂƚĞ͟ŵĞĂŶƐĂǁĂƚĞƌƐƵƉƉůLJƚŚĂƚǁŝůůďĞƐƵĸĐŝĞŶƚĨŽƌďƵŝůĚ-ŽƵƚŽĨƚŚĞƉƌŽƉŽƐĞĚĚĞǀĞůŽƉŵĞŶƚŝŶƚĞƌŵƐ
ŽĨƋƵĂůŝƚLJ͕ƋƵĂŶƟƚLJ͕ĚĞƉĞŶĚĂďŝůŝƚLJ͕ĂŶĚĂǀĂŝůĂďŝůŝƚLJƚŽƉƌŽǀŝĚĞĂƐƵƉƉůLJŽĨǁĂƚĞƌĨŽƌƚŚĞƚLJƉĞŽĨĚĞǀĞůŽƉŵĞŶƚ
ƉƌŽƉŽƐĞĚ͕ĂŶĚŵĂLJŝŶĐůƵĚĞƌĞĂƐŽŶĂďůĞĐŽŶƐĞƌǀĂƟŽŶŵĞĂƐƵƌĞƐĂŶĚǁĂƚĞƌĚĞŵĂŶĚŵĂŶĂŐĞŵĞŶƚŵĞĂƐƵƌĞƐƚŽ
ĂĐĐŽƵŶƚĨŽƌŚLJĚƌŽůŽŐŝĐǀĂƌŝĂďŝůŝƚLJ͘
2)͞tĂƚĞƌƐƵƉƉůLJĞŶƟƚLJ͟ŵĞĂŶƐĂŵƵŶŝĐŝƉĂůŝƚLJ͕ĐŽƵŶƚLJ͕ƐƉĞĐŝĂůĚŝƐƚƌŝĐƚ͕ǁĂƚĞƌĐŽŶƐĞƌǀĂŶĐLJĚŝƐƚƌŝĐƚ͕ǁĂƚĞƌ
ĐŽŶƐĞƌǀĂƟŽŶĚŝƐƚƌŝĐƚ͕ǁĂƚĞƌĂƵƚŚŽƌŝƚLJ͕ŽƌŽƚŚĞƌƉƵďůŝĐ ŽƌƉƌŝǀĂƚĞǁĂƚĞƌƐƵƉƉůLJĐŽŵƉĂŶLJƚŚĂƚƐƵƉƉůŝĞƐ͕
ĚŝƐƚƌŝďƵƚĞƐ͕ŽƌŽƚŚĞƌǁŝƐĞƉƌŽǀŝĚĞƐǁĂƚĞƌĂƚƌĞƚĂŝů͘
29-20-ϯϬϯ͘ĚĞƋƵĂƚĞǁĂƚĞƌƐƵƉƉůLJĨŽƌĚĞǀĞůŽƉŵĞŶƚ͘
1)ůŽĐĂůŐŽǀĞƌŶŵĞŶƚƐŚĂůůŶŽƚĂƉƉƌŽǀĞĂŶĂƉƉůŝĐĂƟŽŶĨŽƌĂĚĞǀĞůŽƉŵĞŶƚƉĞƌŵŝƚƵŶůĞƐƐŝƚĚĞƚĞƌŵŝŶĞƐŝŶŝƚƐƐŽůĞ
ĚŝƐĐƌĞƟŽŶ͕ĂŌĞƌĐŽŶƐŝĚĞƌŝŶŐƚŚĞĂƉƉůŝĐĂƟŽŶĂŶĚĂůůŽĨƚŚĞŝŶĨŽƌŵĂƟŽŶƉƌŽǀŝĚĞĚ͕ƚŚĂƚƚŚĞĂƉƉůŝĐĂŶƚŚĂƐ
ƐĂƟƐĨĂĐƚŽƌŝůLJĚĞŵŽŶƐƚƌĂƚĞĚƚŚĂƚƚŚĞƉƌŽƉŽƐĞĚǁĂƚĞƌƐƵƉƉůLJǁŝůůďĞĂĚĞƋƵĂƚĞ͘ůŽĐĂůŐŽǀĞƌŶŵĞŶƚƐŚĂůůŵĂŬĞ
ƐƵĐŚĚĞƚĞƌŵŝŶĂƟŽŶŽŶůLJŽŶĐĞĚƵƌŝŶŐƚŚĞ ĚĞǀĞůŽƉŵĞŶƚƉĞƌŵŝƚĂƉƉƌŽǀĂůƉƌŽĐĞƐƐƵŶůĞƐƐƚŚĞǁĂƚĞƌĚĞŵĂŶĚƐŽƌ
ƐƵƉƉůLJŽĨƚŚĞƐƉĞĐŝĮĐƉƌŽũĞĐƚĨŽƌǁŚŝĐŚƚŚĞĚĞǀĞůŽƉŵĞŶƚƉĞƌŵŝƚŝƐƐŽƵŐŚƚĂƌĞŵĂƚĞƌŝĂůůLJĐŚĂŶŐĞĚ͘ůŽĐĂů
ŐŽǀĞƌŶŵĞŶƚƐŚĂůůŚĂǀĞƚŚĞĚŝƐĐƌĞƟŽŶƚŽĚĞƚĞƌŵŝŶĞƚŚĞƐƚĂŐĞŝŶƚŚĞĚĞǀĞůŽƉŵĞŶƚƉĞƌŵŝƚ ĂƉƉƌŽǀĂůƉƌŽĐĞƐƐĂƚ
ǁŚŝĐŚƐƵĐŚĚĞƚĞƌŵŝŶĂƟŽŶŝƐŵĂĚĞ͘
2)EŽƚŚŝŶŐŝŶƚŚŝƐƉĂƌƚϯƐŚĂůůďĞĐŽŶƐƚƌƵĞĚƚŽƌĞƋƵŝƌĞƚŚĂƚƚŚĞĂƉƉůŝĐĂŶƚŽǁŶŽƌŚĂǀĞĂĐƋƵŝƌĞĚƚŚĞƉƌŽƉŽƐĞĚ
ǁĂƚĞƌƐƵƉƉůLJŽƌĐŽŶƐƚƌƵĐƚĞĚƚŚĞƌĞůĂƚĞĚŝŶĨƌĂƐƚƌƵĐƚƵƌĞĂƚƚŚĞƟŵĞŽĨƚŚĞĂƉƉůŝĐĂƟŽŶ͘
)257&2//,16/29(/$1':$7(5',675,&7&255(6321'(1&(
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29-20-ϯϬϰ͘tĂƚĞƌƐƵƉƉůLJƌĞƋƵŝƌĞŵĞŶƚƐ͘
1) džĐĞƉƚĂƐƐƉĞĐŝĮĞĚŝŶƐƵďƐĞĐƟŽŶƐ;ϮͿĂŶĚ;ϯͿŽĨƚŚŝƐƐĞĐƟŽŶ͕ĂŶĂƉƉůŝĐĂŶƚĨŽƌĂĚĞǀĞůŽƉŵĞŶƚƉĞƌŵŝƚƐŚĂůů
ƐƵďŵŝƚĞƐƟŵĂƚĞĚǁĂƚĞƌƐƵƉƉůLJƌĞƋƵŝƌĞŵĞŶƚƐĨŽƌƚŚĞƉƌŽƉŽƐĞĚĚĞǀĞůŽƉŵĞŶƚŝŶĂƌĞƉŽƌƚƉƌĞƉĂƌĞĚďLJĂ
ƌĞŐŝƐƚĞƌĞĚƉƌŽĨĞƐƐŝŽŶĂůĞŶŐŝŶĞĞƌŽƌǁĂƚĞƌƐƵƉƉůLJĞdžƉĞƌƚĂĐĐĞƉƚĂďůĞƚŽƚŚĞůŽĐĂůŐŽǀĞƌŶŵĞŶƚ͘dŚĞƌĞƉŽƌƚƐŚĂůů
ŝŶĐůƵĚĞ:
Ă͘ ŶĞƐƟŵĂƚĞŽĨƚŚĞǁĂƚĞƌƐƵƉƉůLJƌĞƋƵŝƌĞŵĞŶƚƐĨŽƌƚŚĞƉƌŽƉŽƐĞĚĚĞǀĞůŽƉŵĞŶƚƚŚƌŽƵŐŚďƵŝůĚ-ŽƵƚ
ĐŽŶĚŝƟŽŶƐ͖
ď͘ ĚĞƐĐƌŝƉƟŽŶŽĨƚŚĞƉŚLJƐŝĐĂůƐŽƵƌĐĞŽĨǁĂƚĞƌƐƵƉƉůLJƚŚĂƚǁŝůůďĞƵƐĞĚƚŽƐĞƌǀĞƚŚĞƉƌŽƉŽƐĞĚ
ĚĞǀĞůŽƉŵĞŶƚ͖
Đ͘ ŶĞƐƟŵĂƚĞŽĨƚŚĞĂŵŽƵŶƚŽĨǁĂƚĞƌLJŝĞůĚƉƌŽũĞĐƚĞĚĨƌŽŵƚŚĞƉƌŽƉŽƐĞĚǁĂƚĞƌƐƵƉƉůLJƵŶĚĞƌǀĂƌŝŽƵƐ
ŚLJĚƌŽůŽŐŝĐĐŽŶĚŝƟŽŶƐ͖
Ě͘ tĂƚĞƌĐŽŶƐĞƌǀĂƟŽŶŵĞĂƐƵƌĞƐ͕ŝĨĂŶLJ͕ƚŚĂƚŵĂLJďĞŝŵƉůĞŵĞŶƚĞĚǁŝƚŚŝŶƚŚĞĚĞǀĞůŽƉŵĞŶƚ͖
Ğ͘ tĂƚĞƌĚĞŵĂŶĚŵĂŶĂŐĞŵĞŶƚŵĞĂƐƵƌĞƐ͕ŝĨĂŶLJ͕ƚŚĂƚŵĂLJďĞŝŵƉůĞŵĞŶƚĞĚǁŝƚŚŝŶƚŚĞĚĞǀĞůŽƉŵĞŶƚƚŽ
ĂĐĐŽƵŶƚĨŽƌŚLJĚƌŽůŽŐŝĐǀĂƌŝĂďŝůŝƚLJ͖ĂŶĚ
Ĩ͘ ^ƵĐŚŽƚŚĞƌŝŶĨŽƌŵĂƟŽŶĂƐŵĂLJďĞƌĞƋƵŝƌĞĚďLJƚŚĞůŽĐĂůŐŽǀĞƌŶŵĞŶƚ͘
2)/ĨƚŚĞĚĞǀĞůŽƉŵĞŶƚŝƐƚŽďĞƐĞƌǀĞĚďLJĂǁĂƚĞƌƐƵƉƉůLJĞŶƟƚLJ͕ƚŚĞůŽĐĂůŐŽǀĞƌŶŵĞŶƚŵĂLJĂůůŽǁƚŚĞĂƉƉůŝĐĂŶƚƚŽ
ƐƵďŵŝƚ͕ŝŶůŝĞƵŽĨƚŚĞƌĞƉŽƌƚƌĞƋƵŝƌĞĚďLJƐƵďƐĞĐƟŽŶ;ϭͿŽĨƚŚŝƐƐĞĐƟŽŶ͕ĂůĞƩĞƌƉƌĞƉĂƌĞĚďLJĂƌĞŐŝƐƚĞƌĞĚ
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Ĩ͘ /ŶĐůƵĚĞƐĂŐĞŶĞƌĂůĚĞƐĐƌŝƉƟŽŶŽĨƚŚĞǁĂƚĞƌƐƵƉƉůLJĞŶƟƚLJ͛ƐǁĂƚĞƌƐƵƉƉůŝĞƐ͖ĂŶĚ
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29-20-ϯϬϱ͘ĞƚĞƌŵŝŶĂƟŽŶŽĨĂĚĞƋƵĂƚĞǁĂƚĞƌƐƵƉƉůLJ͘
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ǁŚĞƚŚĞƌƚŚĞǁĂƚĞƌƐƵƉƉůLJĨŽƌƚŚĞƉƌŽƉŽƐĞĚĚĞǀĞůŽƉŵĞŶƚŝƐĂĚĞƋƵĂƚĞ͕ŝŶĐůƵĚŝŶŐ͕ǁŝƚŚŽƵƚůŝŵŝƚĂƟŽŶ͕
ĂŶLJŝŶĨŽƌŵĂƟŽŶƌĞƋƵŝƌĞĚƚŽďĞƐƵďŵŝƩĞĚďLJƚŚĞĂƉƉůŝĐĂŶƚƉƵƌƐƵĂŶƚƚŽĂƉƉůŝĐĂďůĞůŽĐĂůŐŽǀĞƌŶŵĞŶƚ
ůĂŶĚƵƐĞƌĞŐƵůĂƟŽŶƐŽƌƐƚĂƚĞƐƚĂƚƵƚĞƐ͘
29-20-ϯϬϲ͘ůƵƐƚĞƌĚĞǀĞůŽƉŵĞŶƚƐ- ŝŶĂƉƉůŝĐĂďŝůŝƚLJ͘
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Division 3.12 - Water Adequacy Determinations
Section 3.12.1 - Purpose.
The general purpose of this Division is to establish the standards and procedures by which the adequacy
of proposed water supplies for development are reviewed and determined pursuant to Section 29-20-
301, et seq., C.R.S. The specific purposes are to:
(A)Fulfill the Colorado Revised Statutes Section 29-20-303(1) requirement that the City “shall not
approve an application for a development permit unless it determines in its sole discretion, after
considering the application and all of the information provided, that the applicant has
satisfactorily demonstrated that the proposed water supply will be adequate.
(B)Protect public health, safety, and welfare by ensuring that the water supplies for developments
are adequate;
(C)Ensure that growth and development in the City occur in a planned and coordinated manner;
(D)Ensure that the City is provided with reliable information concerning the adequacy of
developments’ proposed water supplies to inform the City, in the exercise of its discretion, in
the approval of development applications and permits;
(E)Promote safe, efficient, and economic use of public resources in developing and providing
water; and
(F)Ensure City participation in the review and approval of development plans that pass through
and impact City residents, businesses, neighborhoods, property owners, and resources.
Section 3.12.2 - Applicability.
This Division shall apply to all development, or redevelopment, that requires new, expanded, or
increased water use, whether potable or non-potable, within the incorporated municipal boundaries of
the City. No such development or redevelopment shall be approved and allowed to proceed unless the
Director has determined that the proposed water supply for the development or redevelopment is
adequate.
Section 3.12.3 Application.
(A)An applicant seeking a water adequacy determination shall file an application with the Director
pursuant to this Division at the same time as submitting an application for Final Plan or Basic
Development Review, as outlined in Divisions 2.5 and 2.18, unless the application timing is
altered pursuant to any of the following:
(1)The Director may defer the timing of an application for a water adequacy determination for
potable water until submittal with a Development Construction Permit (Division 2.6);
(2)The Director may defer the timing of an application for a water adequacy determination for
potable water until submittal with a Building permit (Division 2.7), if the provider is an
Established Potable Water Supply Entity; or
(3)Applications for Water Adequacy Determinations for non-potable systems shall be
submitted at the same time as Development Construction Permit for review, as outlined in
Division 2.6.
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(B)The applicant shall file separate applications for Water Adequacy Determinations for each
portion of the development served by different water supply entities or water supply systems.
The Director shall have the discretion to determine whether separate applications are required.
Subsequent sections in this Division provide distinctions in the evaluation process for
Established Potable Water Supply Entities, Other Potable Water Supply Entities, and Non-
Potable Water Supply Entities.
(C)Material Changes. The City shall make a Water Adequacy Determination only once for each
portion of a development served by a different potable or non-potable water supply entities or
water supply systems during the development review process unless the water demands or
supply of the portion of the development for which approval is sought are materially changed.
The Director shall determine whether changes to the water demands or supply for any
development or redevelopment are material and require a water adequacy determination. The
Director’s determination is not subject to appeal pursuant to the Land Use Code or Code of the
City of Fort Collins.
Section 3.12.4 - Procedures and Standards for Water Adequacy Determinations: Established Potable
Water Supply Entities
(A)Application Requirements.
(1)Requests for a Water Adequacy Determination for all or portions of a development to be
served with potable water by an Established Potable Water Supply Entity shall be in a form
as required by the Director, to be established collaboratively with each Established
Potable Water Supply Entity. Such requests shall include the following:
(1)Identification of the portions of a development to be served with potable water by the
Established Potable Water Supply Entity; and
(2)A letter prepared by a registered professional engineer or by a water supply expert
from the Established Potable Water Supply Entity stating its ability to provide an
adequate water supply for the proposed development.
(3)A letter prepared by a water supply expert from the Established Potable Water Supply
Entity stating it is willing to commit to provide an adequate water supply for the
proposed development.
(2)Requests under this section shall also include a letter as described in subsection (1), unless
exempted pursuant to subsection ((2) or (3), or both).
(a)A letter prepared by a registered professional engineer or by a water supply expert
from the Established Potable Water Supply Entity stating:
1.An estimate of the water supply requirements for the proposed development
through build-out conditions;
2.A description of the physical source(s) of water supply that will be used to serve
the proposed development. If the proposed source includes groundwater, this
description must include water quality test results and results of an analysis into
the potential impact on water treatment processes or the quality of delivered
potable water;
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3.An estimate of the amount of water yield projected from the proposed water
supply under various hydrologic conditions including long term variability and
future climate risk;
4.Water conservation measures, if any, that may be implemented within the
proposed development;
5.Water demand management measures, if any, that may be implemented to
address hydrologic variations;
6.Results from analyses performed demonstrating the ability for the proposed
water supply to meet demands of the proposed development in all hydrologic
conditions; and
7.Such other information as may be required by the Director in order to determine
whether the proposed water supply will be adequate.
(b)The letter described in subsection (1) shall not be required if the Established Potable
Water Supply Entity has a water supply plan that:
1.Has been reviewed and updated, if appropriate, within the previous ten years by
the governing board of the Established Potable Water Supply Entity;
2.Has a minimum twenty-year planning horizon;
3.Lists the water conservation measures, if any, that may be implemented within
the service area;
4.Lists the water demand management measures, if any, that may be implemented
within the development;
5.Includes a general description of the water supply entity's water obligations;
6.Includes a general description of the water supply entity's water supplies;
7.Includes an estimate of the water supply requirements of the proposed
development through build-out conditions and demonstrates the entity’s water
supplies can meet these demands; and
8.Has been reviewed by City Council and is on file with the City’s Community
Development and Neighborhood Services Department. The Director may defer
the Council review requirement until such time as the Established Potable Water
Supply Entity updates their existing water supply plan.
(B)Review of Application. The Director shall promptly review the application and associated
materials concurrently with the required Final Plan, Basic Development Review,
Development Construction Permit, or Building Permit application.
(C)Standards.
To issue a Water Adequacy Determination under this section, the Director must find that:
(1)The statements in the application and associated materials are complete, correct, and
reliable; and
(2)The provider submitted appropriate documentation establishing that they are in
compliance with all applicable regulations.
(D)Decision. The Director shall make Water Adequacy Determinations, conditional approvals,
and denials of Water Adequacy Determinations in writing and those decisions shall become
part of the plan set for the associated development application, if approved. The Director’s
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decision is not subject to appeal pursuant to the Land Use Code or Code of the City of Fort
Collins.
Section 3.12.5 - Procedures and Standards for Water Adequacy Determinations: Other Potable Water
Supply Entities
(A)Application Requirements for Other Potable Water Supply Entities. Applications for a Water
Adequacy Determination for all or portions of a development to be served with potable water
by Other Potable Water Supply Entities shall be in a form as required by the Director. Such
applications shall include the following:
(1)A summary document linking the information to the standard of review; and
(2)Report including information required under Section 29-20-304(1), C.R.S.:
(a)An estimate of the water supply requirements for the proposed development through
build-out conditions;
(b)A description of the physical source of water supply that will be used to serve the
proposed development. This should include water quality test results and proposed
methods of water treatment from a registered professional engineer;
(c)A description of the water rights either owned or planned for acquisition required for
proposed water supply;
(d)An estimate of the amount of water yield projected from the proposed water supply
under various hydrologic conditions;
(e)Water conservation measures that may be implemented within the development
including how the entity plans to ensure compliance equal to or better than City water
conservation requirements including those outlined in Division 3.2;
(f)Water demand management measures, if any, that may be implemented within the
development to account for hydrologic variability; and
(g)Description of all water conservation measures to be applied in the development and
how they would be enforced and effectuated.
(3)Financial documentation establishing that the proposed provider is able to create the
proposed water supply system and maintain it in perpetuity.
(4)A fee assessment describing the proposed water rates and fees for the new system and how
those fees compare with those charged by the Established Potable Water Supply Entities.
This assessment should include consideration of any metro district, HOA, or other taxes or
fees that are also uniquely applicable to the proposed development.
(5)Approval documentation from other regulatory agencies such as CDPHE.
(6)Detailed information on any proposed water treatment processes as well as how any waste
products created from the treatment process will be properly disposed.
(7)Such other information as may be required by the Director in order to determine whether
the proposed water supply will be adequate.
(B)Review of Application.
(1)Agreement on Costs. Prior to the City reviewing any application under this section, the
applicant shall agree in writing to reimburse the City for all costs associated with reviewing
the application and associated materials, including costs associated with consultants hired
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to assist the Director’s review. No Water Adequacy Determination shall be issued unless and
until all such costs have been paid to the City. The fee assessed by the City shall not exceed
the cost of the review and administration of the review process.
(2)Review.
(a)The Director shall review the materials provided by the applicant following the
completion of the agreement identified in the previous subsection. The time needed
for the Director’s review shall be based on the complexity of the application, the
proposed water supply, and proposed water supply system.
(b)Following the submission of the application, the Director shall be entitled to require
any such additional or supplemental information from the applicant as may be
required to review and ensure compliance with all review criteria.
(c)The review will be completed concurrently with the required Final Plan, Basic
Development Review, Development Construction Permit, or any plan amendments as
specified in Section 3.12.3.
(C)Standards.
(1)To issue a Water Adequacy Determination under this section, the Director must find that the
application and associated materials establish that:
(a)The quality of the proposed potable water supply will be sufficient for build-out of the
proposed development by:
1.providing potable water to the development of a quality that meets or exceeds all
state and federal water quality standards;
2.providing potable water to the development of a quality equal to or better than
the quality of potable water provided by the City of Fort Collins as measured by
appropriate water quality aspects ; and
3.establishing and maintaining a water supply entity that has the technical expertise
and resources to maintain the quality of the water supply for the lifetime of the
development.
(b)The quantity of the proposed potable water supply will be sufficient for build-out of
the proposed development by:
1.relying upon a renewable and/or sustainable physical supply of water, that takes
into account any impacts if multiple users have rights to use water from a single
source, such as an aquifer;
2.having ability to acquire the water rights or water contracts that provide a
permanent firm yield equal to or greater than the maximum assumed demand in
all hydrological conditions, including a modeled one-in-fifty year drought, when
taking into consideration reasonable transit and other losses and all applicable
obligations, including augmentation requirements and return flow obligations;
and
3.for lands to be served by tributary groundwater, establishing that the plan for
augmentation will operate to provide a permanent firm yield equal to or greater
than the maximum assumed demand in all hydrological conditions, including a
modeled one-in-fifty year drought, when taking into consideration reasonable
losses and all applicable obligations, including augmentation requirements and
return flow obligations for the lifetime of the development.
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(c)The dependability of the proposed potable water supply will be sufficient for build-out
of the proposed development by:
1.establishing that the water supply system includes sufficient redundancy equal to
or better than the redundancy of the City of Fort Collins system;
2.if the water supply system includes a water treatment facility, demonstrate how
the facility operators will ensure they have the technical expertise and resources
to operate the treatment facility dependably and sustainably in a manner that is
economical, safe, and that does not produce any harmful by-products. ;
3.establishing that the water supply system can operate during water supply
shortages and emergencies, including infrastructure issues, natural disasters, and
long-term climate change; and
4.establishing and maintaining a water supply entity that can oversee and maintain
the water supply system for the lifetime of the development.
(d)The availability of the proposed potable water supply will be sufficient for build-out of
the proposed development by:
1.establishing the applicant has the necessary property rights and resources to build
and operate the proposed water supply system;
2.for lands to be served by tributary groundwater, establishing that the proposed use
of the tributary groundwater is sustainable with evidence of assured supply for the
lifetime of the development; and
3.for lands within the water service area of an Established Water Provider,
establishing that: the lands to be served by the Other Potable Water Supply Entities
have been removed from the water service area of an Established Potable Water
Supply Entity; or the Established Water Supply Entity consents to the proposed
service by the Other Potable Water Supply Entity.
(D)Modification of Standards. If a Potable Water Supply Entity cannot meet the Fort Collins
Utility Standards set forth above, then they may seek a modification of standards pursuant
to Division 2.8 with the Director as the designated decision maker. In addition to the
standards set forth in Section 2.8.2(H), the Director must find that the modified standard is
comparable to an existing standard already being employed by another Established Potable
Water Entity. The Director’s decision regarding a requested modification of standards is not
subject to appeal pursuant to the Land Use Code or Code of the City of Fort Collins.
(E)Decision.
(1)The Director shall make Water Adequacy Determinations, conditional approvals,
and denials of Water Adequacy Determinations based on the information provided
by the applicant and developed by the City and any consultants. The Director shall
maintain a record of all non-privileged information developed to review the
proposed water supply and proposed water supply system and that record shall
become part of the associated development application.
(2)The Director shall make Water Adequacy Determinations, conditional approvals,
and denials of Water Adequacy Determinations in writing and include findings made
under Section (3) Standards. The written determination shall be included in the plan
set for the associated development application, if approved. The Director shall be
entitled to make a Water Adequacy Determinations conditioned upon the applicant:
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acquiring the required water right decrees and water contracts for the water supply
system; and/or completing construction of all infrastructure for the water supply
system.
(3)The Director’s decision is not subject to appeal pursuant to the Land Use Code or
Code of the City of Fort Collins.
(4)The Director shall require a disclosure, recorded by the Larimer County Clerk, to be
provided at the time of all property sales or transfers that the water supply for this
development is being provided by the approved entity.
Section 3.12.6 - Procedures and Standards for Water Adequacy Determinations: Non-Potable Water
Supply Entities
(A)Application Requirements for Non-Potable Water Supplies. Applications for a Water Adequacy
Determination for all or portions of a development to be served with untreated water shall
include the following:
(1)Summary document linking the information to the standard of review; and
(2)Report including information required under Section 29-20-304(1), C.R.S.:
(a)An estimate of the water supply requirements for the proposed development
through build-out conditions;
(b)A description of the physical source of water supply that will be used to serve the
proposed development. This description must include water quality test results and
results of an analysis investigating any limitations of use due to poor quality;
(c)A description of the water rights either owned or planned for acquisition required
for the proposed water supply;
(d)An estimate of the amount of water yield projected from each proposed water
supply source under various hydrologic conditions. For surface water sources, this
should include results of an analysis of historical temporal availability of the
proposed supplies throughout the year, annual volumetric yield, and the frequency
and flow rate of deliveries. For groundwater sources, this should include
descriptions of the decreed place of use, flow rate, and annual volumetric limits,
and their temporal availability of the proposed supplies throughout the year based
on augmentation requirements;
(e)Water conservation measures, if any, that may be implemented within the
development;
(f)Water demand management measures, if any, that may be implemented within the
development to account for hydrologic variability; and
(g)Description of all water conservation measures to be applied in the development
and how they would be enforced and effectuated. At a minimum, smart controllers
and flow meters are required per the development code;
(3)Financial documentation showing that the proposed provider is able to create the
proposed water supply system and maintain it in perpetuity.
(4)A narrative describing how the entity plans to ensure compliance equal to or better than
City water conservation requirements including those outlined in Division 3.2.
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(5)Approval documentation from other regulatory agencies, including the Established Potable
Water Supply Entity whose service area contains the proposed non-potable system.
(6)Such other information as may be required by the Director.
(B)Review of Application.
(1)Agreement on Costs. Prior to the City reviewing any application under this section, the
applicant shall agree in writing to reimburse the City for all costs associated with reviewing
the application and associated materials, including costs associated with consultants hired
to assist the Director’s review. No Water Adequacy Determination shall be issued unless
and until all such costs have been paid to the City. The fee assessed by the City shall not
exceed the cost of the review and administration of the review process.
(2)Review.
(a)The Director shall review the materials provided by the applicant following the
completion of the agreement identified in the previous subsection. The length of the
Director’s review shall be based on the complexity of the application, the proposed
water supply, and proposed water supply system.
(b)Following the submission of the application, the Director shall be entitled to require
any such additional or supplemental information from the applicant as may be
required for the Director’s review.
(c)Applications for Water Adequacy Determinations for Non-potable systems shall be
submitted at the same time as Development Construction Permit for review.
(C)Standards
(1)To issue a Water Adequacy Determination under this section, the Director must find
that the application and associated materials establish that:
(a)The quality of the proposed non-potable water supply will be sufficient for
build-out of the proposed development by:
1.providing non-potable water to the development of a quality sufficient to
meet all planned landscape needs and other intended non-potable water
uses shown in the approved landscape or utility plans;
(b)The quantity of the proposed non-potable water supply will be sufficient for
build-out of the proposed development by:
1.relying upon a renewable and/or sustainable physical supply of water;
2.having water rights or water contracts that provide a permanent firm
yield equal to or greater than the maximum daily water requirement
(accounting for typical conveyance and irrigation and other inefficiencies)
in all hydrological conditions, including a modeled one-in-fifty year
drought, when taking into consideration all applicable obligations,
including augmentation requirements and return flow obligations; and
3.for lands to be served by tributary groundwater, establishing that the plan
for augmentation will operate to provide a permanent firm yield equal to
or greater than the maximum assumed demand in all hydrological
conditions, including a modeled one-in-fifty year drought, when taking
into consideration all applicable obligations, including augmentation
requirements and return flow obligations.
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(c)The dependability of the proposed non-potable water supply will be sufficient
for build-out of the proposed development by:
1.if the non-potable water supply system includes treatment, establishing
that the treatment can and will operate sustainably in a manner that is
economical, safe, and that does not produce any harmful by-products;
2.establishing and maintaining a water supply entity that has the technical
expertise and resources to oversee and maintain the non-potable water
supply system.
(d)The availability of the proposed water supply will be sufficient for build-out of
the proposed development by:
1.establishing the applicant has the necessary property rights and resources
to build and operate the proposed non-potable water supply system;
2.for lands to be served by tributary groundwater, establishing that the
proposed use of the tributary groundwater is sustainable with evidence of
assured supply for the lifetime of the development.
(D)Decision.
(1)The Director shall make Water Adequacy Determinations, conditional approvals,
and denials of Water Adequacy Determinations based on the information provided
by the applicant and developed by the City and any consultants. The Director shall
maintain a record of all non-privileged information developed to review the
proposed water supply and proposed water supply system and that record shall
become part of the associated development application.
(2)The Director shall make Water Adequacy Determinations, conditional approvals,
and denials of Water Adequacy Determinations in writing and include findings made
under Section (3) Standards. The written determination shall be included in the plan
set for the associated development application, if approved. The Director shall be
entitled to make a Water Adequacy Determinations conditioned upon the applicant
acquiring the required water right decrees for the water rights system.
(3)The Director’s decision is not subject to appeal pursuant to the Land Use Code or
Code of the City of Fort Collins.
Water Adequacy Determination Definitions to Place in LUC Art. 5
Adequate shall mean a water supply that will be sufficient for build-out of the proposed
development in terms of quality, quantity, dependability, and availability to provide a supply
of water for the lifetime of the type of development proposed, and may include reasonable
conservation measures and water demand management measures to account for hydrologic
variability.
Established Potable Water Supply Entities shall mean the City of Fort Collins, the East
Larimer County Water District, the Fort Collins-Loveland Water District, the Sunset Water
District, and the West Fort Collins Water District.
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Non-Potable Water shall mean water that has not been treated to state and federal
standards safe for human consumption, but can be placed to beneficial uses, including
irrigation, dust suppression, toilet and urinal flushing, or make-up water for mechanical
equipment.
Non-Potable Water Supply Entities shall mean the water supply entities, either Established
Potable Water Supply Entities or other water supply entities that provide water that does
not meet the state and federal standards for human consumption to developments for the
beneficial uses of Non-Potable Water.
Other Potable Water Supply Entities shall mean the water supply entities other than the
Established Potable Water Supply Entities that provide potable water service, including new
proposed water supplies.
Potable water, shall mean water, also known as drinking water, that is treated to levels
which meet state and federal standards for human consumption.
Water Adequacy Determination shall mean a determination whether the proposed water
supply for a development is adequate.
Water supply entity shall mean a municipality, county, special district, water conservancy
district, water conservation district, water authority, or other public or private water supply
entity that, at the time of the application, or within three years of application, supplies,
distributes, or otherwise provides water at retail.
Water supply system shall mean all infrastructure planned or used to divert and deliver
water to a development.
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Division 3.12 - Water Adequacy Determinations
Section 3.12.1 - Purpose.
The general purpose of this Division is to establish the standards and procedures by which the adequacy
of proposed water supplies for development are reviewed and determined pursuant to Section 29-20-
301, et seq., C.R.S. The specific purposes are to:
(A) Fulfill the Colorado Revised Statutes Section 29-20-303(1) requirement that the City “shall not
approve an application for a development permit unless it determines in its sole discretion, after
considering the application and all of the information provided, that the applicant has
satisfactorily demonstrated that the proposed water supply will be adequate.
(B) Protect public health, safety, and welfare by ensuring that the water supplies for developments
are adequate;
(C) Ensure that growth and development in the City occur in a planned and coordinated manner;
(D) Ensure that the City is provided with reliable information concerning the adequacy of
developments’ proposed water supplies to inform the City, in the exercise of its discretion, in
the approval of development applications and permits;
(E) Promote safe, efficient, and economic use of public resources in developing and providing
water;
(F) Ensure City participation in the review and approval of development plans that pass through
and impact City residents, businesses, neighborhoods, property owners, and resources.
Section 3.12.2 - Applicability.
This Division shall apply to all development, or redevelopment, that requires new, expanded, or
increased water use, whether potable or non-potable, within the incorporated municipal boundaries of
the City. No such development or redevelopment shall be approved and allowed to proceed unless the
Director has determined that the proposed water supply for the development or redevelopment is
adequate.
Section 3.12.3 Application.
(A) An applicant seeking a water adequacy determination shall file an application with the Director
pursuant to this Division at the same time as submitting an application for Final Plan or Basic
Development Review, as outlined in Divisions 2.5 and 2.18, unless the application timing is
altered pursuant to any of the following:
(1) The Director may defer the timing of an application for a water adequacy determination for
potable water until submittal with a Development Construction Permit (Division 2.6);
(2) The Director may defer the timing of an application for a water adequacy determination for
potable water until submittal with a Building permit (Division 2.7), if the provider is an
Established Potable Water Supply Entity; or
(3) Applications for Water Adequacy Determinations for non-potable systems shall be
submitted at the same time as Development Construction Permit for review, as outlined in
Division 2.6.
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(B) The applicant shall file separate applications for Water Adequacy Determinations for each
portion of the development served by different water supply entities or water supply systems.
The Director shall have the discretion to determine whether separate applications are required.
Subsequent sections in this Division provide distinctions in the evaluation process for
Established Potable Water Supply Entities, Other Potable Water Supply Entities, and Non-
Potable Water Supply Entities.
(C) Material Changes. The City shall make a Water Adequacy Determination only once for each
portion of a development served by a different potable or non-potable water supply entities or
water supply systems during the development review process unless the water demands or
supply of the portion of the development for which approval is sought are materially changed.
The Director shall determine whether changes to the water demands or supply for any
development or redevelopment are material and require a water adequacy determination. The
Director’s determination is not subject to appeal pursuant to the Land Use Code or Code of the
City of Fort Collins.
Section 3.12.4 - Procedures and Standards for Water Adequacy Determinations: Established Potable
Water Supply Entities
(A) Application Requirements.
(1) Requests for a Water Adequacy Determination for all or portions of a development to be
served with potable water by an Established Potable Water Supply Entity shall be in a form
as required by the Director. Such requests shall include the following:
(1) Identification of the portions of a development to be served with potable water by the
Established Potable Water Supply Entity; and
(2) A letter prepared by a registered professional engineer or by a water supply expert
from the Established Potable Water Supply Entity stating its ability to provide an
adequate water supply for the proposed development.
(3) A letter prepared by a water supply expert from the Established Potable Water Supply
Entity stating it is willing to commit to provide an adequate water supply for the
proposed development.
(2) Requests under this section shall also include a letter as described in subsection (1), unless
exempted pursuant to subsection ((2) or (3), or both).
(a) A letter prepared by a registered professional engineer or by a water supply expert
from the Established Potable Water Supply Entity stating:
1. An estimate of the water supply requirements for the proposed development
through build-out conditions;
2. A description of the physical source of water supply that will be used to serve the
proposed development. If the proposed source includes groundwater, this
description must include water quality test results and results of an analysis into
the potential impact on water treatment processes or the quality of delivered
potable water;
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3. An estimate of the amount of water yield projected from the proposed water
supply under various hydrologic conditions including long term variability and
future climate risk;
4. Water conservation measures, if any, that may be implemented within the
proposed development;
5. Water demand management measures, if any, that may be implemented to
address hydrologic variations;
6. Results from analyses performed demonstrating the ability for the proposed
water supply to meet demands of the proposed development in all hydrologic
conditions; and
7. Such other information as may be required by the Director in order to determine
whether the proposed water supply will be adequate.
(b) The letter described in subsection (1) shall not be required if the Established Potable
Water Supply Entity has a water supply plan that:
1. Has been reviewed and updated, if appropriate, within the previous ten years by
the governing board of the Established Potable Water Supply Entity;
2. Has a minimum twenty-year planning horizon;
3. Lists the water conservation measures, if any, that may be implemented within
the service area;
4. Lists the water demand management measures, if any, that may be implemented
within the development;
5. Includes a general description of the water supply entity's water obligations;
6. Includes a general description of the water supply entity's water supplies;
7. Includes an estimate of the water supply requirements of the proposed
development through build-out conditions and demonstrates the entity’s water
supplies can meet these demands; and
8. Has been reviewed by City Council and is on file with the City’s Community
Development and Neighborhood Services Department. The Director may defer
the Council review requirement until such time as the Established Potable Water
Supply Entity updates their existing water supply plan.
(B) Review of Application. The Director shall promptly review the application and associated
materials concurrently with the required Final Plan, Basic Development Review,
Development Construction Permit, or Building Permit application.
(C) Standards.
To issue a Water Adequacy Determination under this section, the Director must find that:
(1) The statements in the application and associated materials are complete, correct, and
reliable; and
(2) The provider submitted appropriate documentation establishing that they are in
compliance with all applicable regulations.
(D) Decision. The Director shall make Water Adequacy Determinations, conditional approvals,
and denials of Water Adequacy Determinations in writing and those decisions shall become
part of the plan set for the associated development application, if approved. The Director’s
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decision is not subject to appeal pursuant to the Land Use Code or Code of the City of Fort
Collins.
Section 3.12.5 - Procedures and Standards for Water Adequacy Determinations: Other Potable Water
Supply Entities
(A) Application Requirements for Other Potable Water Supply Entities. Applications for a Water
Adequacy Determination for all or portions of a development to be served with potable water
by Other Potable Water Supply Entities shall be in a form as required by the Director. Such
applications shall include the following:
(1) A summary document linking the information to the standard of review; and
(2) Report including information required under Section 29-20-304(1), C.R.S.:
(a) An estimate of the water supply requirements for the proposed development through
build-out conditions;
(b) A description of the physical source of water supply that will be used to serve the
proposed development. This should include water quality test results and proposed
methods of water treatment from a registered professional engineer;
(c) A description of the water rights either owned or planned for acquisition required for
proposed water supply;
(d) An estimate of the amount of water yield projected from the proposed water supply
under various hydrologic conditions;
(e) Water conservation measures that may be implemented within the development
including how the entity plans to ensure compliance equal to or better than City water
conservation requirements including those outlined in Division 3.2;
(f) Water demand management measures, if any, that may be implemented within the
development to account for hydrologic variability; and
(g) Description of all water conservation measures to be applied in the development and
how they would be enforced and effectuated.
(3) Financial documentation establishing that the proposed provider is able to create the
proposed water supply system and maintain it in perpetuity.
(4) A fee assessment describing the proposed water rates and fees for the new system and how
those fees compare with those charged by the Established Potable Water Supply Entities.
This assessment should include consideration of any metro district, HOA, or other taxes or
fees that are also uniquely applicable to the proposed development.
(5) Approval documentation from other regulatory agencies such as CDPHE.
(6) Detailed information on any proposed water treatment processes as well as how any waste
products created from the treatment process will be properly disposed.
(7) Such other information as may be required by the Director in order to determine whether
the proposed water supply will be adequate.
(B) Review of Application.
(1) Agreement on Costs. Prior to the City reviewing any application under this section, the
applicant shall agree in writing to reimburse the City for all costs associated with reviewing
the application and associated materials, including costs associated with consultants hired
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to assist the Director’s review. No Water Adequacy Determination shall be issued unless and
until all such costs have been paid to the City. The fee assessed by the City shall not exceed
the cost of the review and administration of the review process.
(2) Review.
(a) The Director shall review the materials provided by the applicant following the
completion of the agreement identified in the previous subsection. The time needed
for the Director’s review shall be based on the complexity of the application, the
proposed water supply, and proposed water supply system.
(b) Following the submission of the application, the Director shall be entitled to require
any such additional or supplemental information from the applicant as may be
required to review and ensure compliance with all review criteria.
(c) The review will be completed concurrently with the required Final Plan, Basic
Development Review, Development Construction Permit, or any plan amendments as
specified in Section 3.12.3.
(C) Standards.
(1) To issue a Water Adequacy Determination under this section, the Director must find that the
application and associated materials establish that:
(a) The quality of the proposed potable water supply will be sufficient for build-out of the
proposed development by:
1. providing potable water to the development of a quality that meets or exceeds all
state and federal water quality standards;
2. providing potable water to the development of a quality equal to or better than
the quality of potable water provided by the City of Fort Collins as measured by
appropriate water quality aspects ; and
3. establishing and maintaining a water supply entity that has the technical expertise
and resources to maintain the quality of the water supply for the lifetime of the
development.
(b) The quantity of the proposed potable water supply will be sufficient for build-out of
the proposed development by:
1. relying upon a renewable and/or sustainable physical supply of water, that takes
into account any impacts if multiple users have rights to use water from a single
source, such as an aquifer;
2. having ability to acquire the water rights or water contracts that provide a
permanent firm yield equal to or greater than the maximum assumed demand in
all hydrological conditions, including a modeled one-in-fifty year drought, when
taking into consideration reasonable transit and other losses and all applicable
obligations, including augmentation requirements and return flow obligations;
and
3. for lands to be served by tributary groundwater, establishing that the plan for
augmentation will operate to provide a permanent firm yield equal to or greater
than the maximum assumed demand in all hydrological conditions, including a
modeled one-in-fifty year drought, when taking into consideration reasonable
losses and all applicable obligations, including augmentation requirements and
return flow obligations for the lifetime of the development.
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(c) The dependability of the proposed potable water supply will be sufficient for build-out
of the proposed development by:
1. establishing that the water supply system includes sufficient redundancy equal to
or better than the redundancy of the City of Fort Collins system;
2. if the water supply system includes a water treatment facility, demonstrate how
the facility operators will ensure they have the technical expertise and resources
to operate the treatment facility dependably and sustainably in a manner that is
economical, safe, and that does not produce any harmful by-products. ;
3. establishing that the water supply system can operate during water supply
shortages and emergencies, including infrastructure issues, natural disasters, and
long-term climate change; and
4. establishing and maintaining a water supply entity that can oversee and maintain
the water supply system for the lifetime of the development.
(d) The availability of the proposed potable water supply will be sufficient for build-out of
the proposed development by:
1. establishing the applicant has the necessary property rights and resources to build
and operate the proposed water supply system;
2. for lands to be served by tributary groundwater, establishing that the proposed use
of the tributary groundwater is sustainable with evidence of assured supply for the
lifetime of the development; and
3. for lands within the water service area of an Established Water Provider,
establishing that: the lands to be served by the Other Potable Water Supply Entities
have been removed from the water service area of an Established Potable Water
Supply Entity; or the Established Water Supply Entity consents to the proposed
service by the Other Potable Water Supply Entity.
(D) Modification of Standards. If a Potable Water Supply Entity cannot meet the Fort Collins
Utility Standards set forth above, then they may seek a modification of standards pursuant
to Division 2.8 with the Director as the designated decision maker. In addition to the
standards set forth in Section 2.8.2(H), the Director must find that the modified standard is
comparable to an existing standard already being employed by another Established Potable
Water Entity. The Director’s decision regarding a requested modification of standards is not
subject to appeal pursuant to the Land Use Code or Code of the City of Fort Collins.
(E) Decision.
(1) The Director shall make Water Adequacy Determinations, conditional approvals,
and denials of Water Adequacy Determinations based on the information provided
by the applicant and developed by the City and any consultants. The Director shall
maintain a record of all non-privileged information developed to review the
proposed water supply and proposed water supply system and that record shall
become part of the associated development application.
(2) The Director shall make Water Adequacy Determinations, conditional approvals,
and denials of Water Adequacy Determinations in writing and include findings made
under Section (3) Standards. The written determination shall be included in the plan
set for the associated development application, if approved. The Director shall be
entitled to make a Water Adequacy Determinations conditioned upon the applicant:
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acquiring the required water right decrees and water contracts for the water supply
system; and/or completing construction of all infrastructure for the water supply
system.
(3) The Director’s decision is not subject to appeal pursuant to the Land Use Code or
Code of the City of Fort Collins.
(4) The Director shall require a disclosure, recorded by the Larimer County Clerk, to be
provided at the time of all property sales or transfers that the water supply for this
development is being provided by the approved entity.
Section 3.12.6 - Procedures and Standards for Water Adequacy Determinations: Non-Potable Water
Supply Entities
(A) Application Requirements for Non-Potable Water Supplies. Applications for a Water Adequacy
Determination for all or portions of a development to be served with untreated water shall
include the following:
(1) Summary document linking the information to the standard of review; and
(2) Report including information required under Section 29-20-304(1), C.R.S.:
(a) An estimate of the water supply requirements for the proposed development
through build-out conditions;
(b) A description of the physical source of water supply that will be used to serve the
proposed development. This description must include water quality test results and
results of an analysis investigating any limitations of use due to poor quality;
(c) A description of the water rights either owned or planned for acquisition required
for the proposed water supply;
(d) An estimate of the amount of water yield projected from each proposed water
supply source under various hydrologic conditions. For surface water sources, this
should include results of an analysis of historical temporal availability of the
proposed supplies throughout the year, annual volumetric yield, and the frequency
and flow rate of deliveries. For groundwater sources, this should include
descriptions of the decreed place of use, flow rate, and annual volumetric limits,
and their temporal availability of the proposed supplies throughout the year based
on augmentation requirements;
(e) Water conservation measures, if any, that may be implemented within the
development;
(f) Water demand management measures, if any, that may be implemented within the
development to account for hydrologic variability; and
(g) Description of all water conservation measures to be applied in the development
and how they would be enforced and effectuated. At a minimum, smart controllers
and flow meters are required per the development code;
(3) Financial documentation showing that the proposed provider is able to create the
proposed water supply system and maintain it in perpetuity.
(4) A narrative describing how the entity plans to ensure compliance equal to or better than
City water conservation requirements including those outlined in Division 3.2.
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(5) Approval documentation from other regulatory agencies, including the Established Potable
Water Supply Entity whose service area contains the proposed non-potable system.
(6) Such other information as may be required by the Director.
(B) Review of Application.
(1) Agreement on Costs. Prior to the City reviewing any application under this section, the
applicant shall agree in writing to reimburse the City for all costs associated with reviewing
the application and associated materials, including costs associated with consultants hired
to assist the Director’s review. No Water Adequacy Determination shall be issued unless
and until all such costs have been paid to the City. The fee assessed by the City shall not
exceed the cost of the review and administration of the review process.
(2) Review.
(a) The Director shall review the materials provided by the applicant following the
completion of the agreement identified in the previous subsection. The length of the
Director’s review shall be based on the complexity of the application, the proposed
water supply, and proposed water supply system.
(b) Following the submission of the application, the Director shall be entitled to require
any such additional or supplemental information from the applicant as may be
required for the Director’s review.
(c) Applications for Water Adequacy Determinations for Non-potable systems shall be
submitted at the same time as Development Construction Permit for review.
(C) Standards
(1) To issue a Water Adequacy Determination under this section, the Director must find
that the application and associated materials establish that:
(a) The quality of the proposed non-potable water supply will be sufficient for
build-out of the proposed development by:
1. providing non-potable water to the development of a quality sufficient to
meet all planned landscape needs and other intended non-potable water
uses shown in the approved landscape or utility plans;
(b) The quantity of the proposed non-potable water supply will be sufficient for
build-out of the proposed development by:
1. relying upon a renewable and/or sustainable physical supply of water;
2. having water rights or water contracts that provide a permanent firm
yield equal to or greater than the maximum daily water requirement
(accounting for typical conveyance and irrigation and other inefficiencies)
in all hydrological conditions, including a modeled one-in-fifty year
drought, when taking into consideration all applicable obligations,
including augmentation requirements and return flow obligations; and
3. for lands to be served by tributary groundwater, establishing that the plan
for augmentation will operate to provide a permanent firm yield equal to
or greater than the maximum assumed demand in all hydrological
conditions, including a modeled one-in-fifty year drought, when taking
into consideration all applicable obligations, including augmentation
requirements and return flow obligations.
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(c) The dependability of the proposed non-potable water supply will be sufficient
for build-out of the proposed development by:
1. if the non-potable water supply system includes treatment, establishing
that the treatment can and will operate sustainably in a manner that is
economical, safe, and that does not produce any harmful by-products;
2. establishing and maintaining a water supply entity that has the technical
expertise and resources to oversee and maintain the non-potable water
supply system.
(d) The availability of the proposed water supply will be sufficient for build-out of
the proposed development by:
1.
2.
(D) Decision.
establishing the applicant has the necessary property rights and resources
to build and operate the proposed non-potable water supply system;
for lands to be served by tributary groundwater, establishing that the
proposed use of the tributary groundwater is sustainable with evidence of
assured supply for the lifetime of the development.
(1) The Director shall make Water Adequacy Determinations, conditional approvals,
and denials of Water Adequacy Determinations based on the information provided
by the applicant and developed by the City and any consultants. The Director shall
maintain a record of all non-privileged information developed to review the
proposed water supply and proposed water supply system and that record shall
become part of the associated development application.
(2) The Director shall make Water Adequacy Determinations, conditional approvals,
and denials of Water Adequacy Determinations in writing and include findings made
under Section (3) Standards. The written determination shall be included in the plan
set for the associated development application, if approved. The Director shall be
entitled to make a Water Adequacy Determinations conditioned upon the applicant
acquiring the required water right decrees for the water rights system.
(3) The Director’s decision is not subject to appeal pursuant to the Land Use Code or
Code of the City of Fort Collins.
Water Adequacy Determination Definitions to Place in LUC Art. 5
Adequate shall mean a water supply that will be sufficient for build-out of the proposed
development in terms of quality, quantity, dependability, and availability to provide a supply
of water for the lifetime of the type of development proposed, and may include reasonable
conservation measures and water demand management measures to account for hydrologic
variability.
Established Potable Water Supply Entities shall mean the City of Fort Collins, the East
Larimer County Water District, the Fort Collins-Loveland Water District, the Sunset Water
District, and the West Fort Collins Water District.
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Non-Potable Water shall mean water that has not been treated to state and federal
standards safe for human consumption, but can be placed to beneficial uses, including
irrigation, dust suppression, toilet and urinal flushing, or make-up water for mechanical
equipment.
Non-Potable Water Supply Entities shall mean the water supply entities, either Established
Potable Water Supply Entities or other water supply entities that provide water that does
not meet the state and federal standards for human consumption to developments for the
beneficial uses of Non-Potable Water.
Other Potable Water Supply Entities shall mean the water supply entities other than the
Established Potable Water Supply Entities that provide potable water service, including new
proposed water supplies.
Potable water, shall mean water, also known as drinking water, that is treated to levels
which meet state and federal standards for human consumption.
Water Adequacy Determination shall mean a determination whether the proposed water
supply for a development is adequate.
Water supply entity shall mean a municipality, county, special district, water conservancy
district, water conservation district, water authority, or other public or private water supply
entity that, at the time of the application, or within three years of application, supplies,
distributes, or otherwise provides water at retail.
Water supply system shall mean all infrastructure planned or used to divert and deliver
water to a development.
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Materials Received
After Final Packet Published
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Special Hearing
Water Adequacy Determination Code Update
April 26, 2023
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•Prior Appropriation Doctrine: First in time – first
in right
•Water Supplies for Over-Appropriated Basins
•New Junior Water Rights with Storage
•Buy-and-Dry (Purchase agricultural water rights,
dry up lands, and change the use of the water
right)
•Imported or Developed Water
•Augmentation Plans
COLORADO WATER RIGHTS
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•Allows junior water right to divert continuously
even when out-of-priority so long as injury is
prevented to downstream senior water rights.
•Prevent injury by relying upon return flows and by
adding replacement water where needed.
WHAT IS AN AUGMENTATION PLAN?
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SeniorCalling
Right
5AFAugmentation
Water
100AF
95AF
STANDARD AUGMENTATION PLAN DIAGRAM
Community
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•Adequacy of supply is not in question
•Risk of “surface only” supply dependency is
meaningful
•Encourage Fort Collins and ELCO to develop new
supply in partnership with Montava.
•18% of population in Colorado rely on
groundwater
GROUNDWATER AS A RESOURCE
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FortCollins
Montava
WYOMING
Wellington
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•Don’t rush….get it right.
•Substantial benefits to regional water system
approach
•Does not harm ELCO only benefits them
•Renewable groundwater/large watershed
•120,000 AF underground water volume
GROUNDWATER AS A RESOURCE
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SeniorCalling
Right
5AFAugmentation
Water
100AF
95AF
STANDARD AUGMENTATION PLAN DIAGRAM
Community
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•Two provisions give Established Potable Water Supply
Entities greater control and authority than they currently
have.
•Established Entities don’t have any incentive to approve
new water supplies – even when more reliable and
economical.
•Allowing others to dictate the water supply – means that
others will also dictate how the City grows.
•Do not deprive the City of its existing rights in the Code to
ensure service within a district is reasonable.
•Do not deprive rights and flexibility that already exist to
establish alternative water supplies.
WATER ADEQUACY CODE PROVISION CONCERNS
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