Whispering Creek subdivision water‑rights item tabled pending FEMA floodway recalculation

The Midway Water Advisory Board on Jan. 5 voted to continue consideration of water‑rights requirements for the Whispering Creek subdivision (515 West Perry Lane) after an applicant‑provided recalculation narrowed the acreage they argue should be excluded from irrigation requirements.

Staff reviewed the background: earlier calculations produced a gross requirement of about 13.9 acre‑feet; after credits and an overlapping boundary correction the recorded requirement was 6.4 acre‑feet as of March 2024. Applicant Jeremy Clark said he has purchased an additional water share and estimated remaining needs on the order of roughly 3.4 acre‑feet. Consultant Paul Berg (applicant‑hired) calculated roughly 0.6 acres of steep, constantly wet floodplain the applicant asked the board to exclude from irrigation requirement calculations.

Jeremy Clark described the project as family‑oriented and said the development team believes they can avoid irrigating the steep/wet floodplain: “Our goal with this little subdivision is, you know, we have 5 children... This isn't, you know, a for‑profit venture for us.” He also said he has purchased one share and believes they are short roughly the equivalent of another share while asking the board to consider leasing or other interim solutions.

Board members asked staff to calculate the FEMA ‘floodway’ (the faster moving channel portion of the FEMA maps) rather than the broader floodplain used in the consultant’s submission. A motion to continue the item to the February meeting until staff provides a floodway‑based acreage calculation was made, seconded and passed by voice vote.

Next steps: staff will instruct the applicant’s consultant to provide a FEMA floodway calculation (narrower channel area) and return with a revised acre‑foot requirement at the next meeting.