For all the 34 years that I have been a resident of the mountain area, and especially since the completion of the Turkey Creek Basin Water-shed study , 1998-2001, there has been numerous town meetings, Jeffco staff meetings, and lobbying by concerned citizens regarding the need for something to be done regarding land development in the mountain area.
The primary concern in most cases has been with regard to the availability of water to support such development. These concerns in many instances are well founded and should be acknowledged. What we do not need however, are rules and regulations that are not based on good science.
Rules, regulations, resolutions or whatever we label requirements to do or not to do something should in addition be practical, doable, and meaningful.
Evaluating the groundwater resources of fractured rock environments is one of the most difficult challenges for those engaged in the study of such environments.
There is an abundance of literature based on theoretical and laboratory studies, but less on actual field conditions. The complexity of fractured rock hydrology in the mountain area means that some areas will have no problems with obtaining suitable wells, while in other areas it will be nigh-on impossible.
The Turkey Creek study was preceded in 1975 by a study conducted over a significantly larger area, 300 square miles, versus the 47.2 square miles of Turkey Creek. The results were fairly similar despite the more site specific and rigorous Turkey Creek study. This is not to say the Turkey Creek study was not valuable, but to say perhaps more large basin studies could be done to obtain a better understanding of conditions within those areas. In terms of the need for an overlay, neither report addressed the issue.
Given the current Jeffco health department acreage requirements for a home served by a well and leach-field, one could reasonably argue that no new regulations or regulation revisions are needed.
The problem in the mountain area is therefore not so much with new developments that are more stringently regulated with regard to water by the State Engineer's Office, and by the acreage requirements currently in effect at the County level, but by the lack or avoidance of enforcement of conditions on older pre-1972 subdivisions. Not easy. These properties, many of which are less than an acre, are over-taxing the local groundwater conditions. This relates not only to availability, but to proper treatment and dilution of leach-field effluent. It may seem unfair to deny a property owner from building on these small lots, but are we doing them or existing property owners a favor by squeezing in more effluent and more groundwater withdrawal-I think not.
Regulations that require the testing of a well prior to the issuance of a building permit are valid and meaningful. Far too often owners and in some cases developers, begin construction before knowing they will have a viable source of water and an environment conducive to the discharge of waste water.
Suggestions and recommendations were provided with regard to other sections of the regulations that were recently proposed and sent back to the planning department, but many were not implemented. Was this a concession to those with minimal expertise and loud voices?
The expertise exists in the community to assist the County personnel with crafting appropriate land development regulations. The County must work to set aside the demands made by those that have an ax to grind and work for appropriate, doable, meaningful regulations based on good science. Not easy when trying to satisfy the wants of many.
Lawrence A. Cerrillo is a Hydrogeologist/Mediator/Facilitator who lives in Evergreen