Larimer County explores code change to allow wells on large parcels after water-provider moratoria

Larimer County commissioners spent part of their March 31, 2025, work session discussing options for property owners left without promised water taps after outside providers placed moratoria on new service. Staff proposed a limited change to county land-use code section 4.37 to allow some large parcels to seek wells as a partial solution.

The issue stems from subdivisions approved under the assumption that certain water providers would supply taps. Jenny Axmaker, planning manager, said those providers — including the Northern Colorado Water Association in parts of the county — have since enacted moratoria, leaving some lot owners without service. “This wasn’t a problem that the county created,” Axmaker said, describing the proposal as a targeted response to an external change in provider availability.

County staff recommended drafting a code amendment to let properties greater than 35 acres that are not inside a water district apply for wells, while retaining state permitting and health‑department water‑quality and quantity review. Axmaker said the county has granted appeals in two prior cases to allow wells for large parcels; in those cases the properties still had to meet state permitting and treatment requirements. County attorney Frank Hough summarized the state perspective: “The question the state asks is, is this hole in the ground gonna affect people’s water rights?”

Why it matters: Commissioners said the change would help some property owners who otherwise must pursue an appeal process that requires fees and time. Leslie Ellis, director of Community Planning, Infrastructure and Resources, told the board staff tracked fewer than a dozen inquiries about well options or water moratoria since January, but said those inquiries represent property owners repeatedly asking for solutions. Staff also flagged data gaps: the Northern Colorado Water Association area covers roughly 8,000 parcels but, per the association’s website, provides about 1,500 taps; staff could not confirm how many affected parcels are over or under 35 acres.

Key details and constraints: Under current county code, section 4.37 (domestic water), properties in certain service areas must hook up to a water district rather than rely on wells. State regulations and the state engineer’s rules remain controlling for whether a well can be permitted without an augmentation plan. Staff noted exceptions already in state practice, such as household (exempt) wells and cluster development exceptions, but said many household wells limit outdoor use and irrigation. Matt Lafferty informed the board that lots under 35 acres that were legally created before May 5, 1972, and lie within areas served by community water systems may be eligible for a well if they meet other standards.

Commissioner reaction and next steps: Commissioners expressed general support for a narrowly tailored code update but asked staff to gather more data before taking the draft to the Planning Commission. Commissioner Kristen Stevens, chair of the Board of County Commissioners, praised staff for a “data‑driven” approach, and Commissioner Jody Shattuck McNally said she supported moving forward while noting the county itself owns properties affected by the moratoriums. Staff said it intends to pair this update with other pending code edits (including updates to the Estes section) to reduce administrative overhead and to add clarifications that cisterns should not be treated as a reliable primary source of potable water for interim uses.

No formal action was taken at the meeting. Staff asked for direction to draft a code amendment and bring it to the Planning Commission for recommendation before any final Board decision.