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Chaffee County approves agricultural subdivision exemption amid neighbor questions on water rights
Summary
The board approved a subdivision exemption for a roughly 71‑acre parcel, creating an approximately 10‑acre residential lot and leaving about 61.75 acres in agricultural use, while neighbors raised concerns about a separate water‑rights lawsuit and private access easements.
The Chaffee County Board of Commissioners approved the Data (Delta) Family agricultural subdivision exemption, allowing an approximately 71‑acre parcel to be divided into an about‑10‑acre residential lot and a remaining agricultural parcel of roughly 61.75 acres.
Nick Gilmore of the county planning department told the board the application was submitted under the county’s prior land‑use code and recommended approval. The planning staff said the proposal met the agricultural subdivision exemption criteria under the former code and that the remainder parcel would continue in agricultural use.
Several neighbors spoke during the public hearing. Ron Sanchez, who said his property borders the applicant’s southern boundary, asked whether water rights affecting the property were in dispute in case number 2022 CV 30028. Planning staff said the county does not adjudicate private water disputes for subdivision approvals and noted that any pending civil litigation over water would be resolved in the courts; staff said the lawsuit, as presented, was not an impediment to the land‑use decision before the board.
Another neighbor, Bruce Shoff, asked about the property’s zoning and future intent; planning staff explained that part of the highway‑fronting area received commercial/mixed‑use designation under the newer land‑use plan, but the application came in under the older code and only proposed a single residential parcel at the back, leaving the remainder in agriculture.
A commissioner summed up planning’s role: the county’s review checks whether a subdivision complies with code standards, not whether private civil water disputes change ownership rights. After discussion the board voted to approve the subdivision exemption.
Motion text recorded in the minutes: “I move we approve the Delta Family Agricultural subdivision exemption, for the location 11, 16, Gary, Road 154.75 acres, respectively, as presented and discussed.” The motion passed on a voice vote with commissioners answering “Aye.”
