Planning staff flags water-rights and ditch-easement issues on Axeman subdivision application under new state well rules

Jefferson County planning staff, the applicant (via Zoom) and irrigation representatives discussed the Axeman subdivision proposal during the meeting after staff carried the agenda item forward and confirmed the applicant was available on Zoom.

The proposal would split an existing parcel into three lots in an R-1 zone, creating two smaller parcels around an existing house. The applicant and the irrigation representatives raised concerns about whether newly drilled wells after July 1 could supply irrigation beyond the domestic-well allowance, and whether the plat properly showed irrigation ditches and water shares.

Mary Anne (participant on Zoom) warned: “If these wells are drilled on those properties after the July 1, this plat kinda has a problem.” Planning staff and the applicant discussed options including retaining shared water certificates under a single water right, showing existing ditches on the plat, and recording easements for ditch maintenance and access.

Why it matters: A recent state change limits domestic well irrigation on small lots (domestic wells generally support a half-acre of irrigation), which can make 1-acre lots dependent on surface-water entitlements or documented shared-water agreements. Staff said the proposed plat did not show the irrigation ditches or easements and that additional documentation would be needed to address the water supply for new one‑acre lots.

Board action: Planning staff asked the applicant to revise the plat to show ditches, easements and the water arrangement; staff said it would send notes to the surveyor and follow up. The board did not approve the subdivision at the meeting.

Ending: Planning staff and the applicant agreed to follow up with revised plat materials; staff said they would send notes to the applicant’s surveyor and return the item once documentation addressing water availability and easements is provided.