2010 HUERFANO COUNTY COMPREHENSIVE PLAN Table of Contents

Adoption

Introduction History of Huerfano County History of Comprehensive Planning in Huerfano County Definition of “County” in the Comprehensive Plan

Huerfano County Comprehensive Planning Process Development of the Huerfano County Comprehensive Plan Implementation of the Huerfano County Comprehensive Plan Amending the Huerfano County Comprehensive Plan

Land Use and Growth Introduction Code of the West Goals and Policies

Residential Uses Introduction Goals and Policies

Economic Development Introduction Goals and Policies

Public Facilities, Services and Amenities Introduction Goals and Policies

Resources and Hazards Introduction Goals and Policies

Comprehensive Plan Map

Appendices Acknowledgements

i

INTRODUCTION History of Huerfano County Huerfano County is located in south-central . The first American settlers took up residence in the area during the 1850s, establishing ranches, farms and small, isolated communities along the Cucharas and Huerfano rivers. In 1861, the U.S. Congress established the Territory of Colorado and set the original borders of the County. One of the seventeen original Colorado counties, it encompassed over four million acres, stretching from the top of the Sangre de Cristos to the Kansas border. Then in 1867, the Territorial Legislature redrew the boundary lines of the County to their present configuration to include approximately 1,591 square miles. At that time La Veta, originally called Francisco Plaza, had been established for five years and the county seat was located at Badito, a small community near Gardner. However, the Town of Walsenburg (originally called Plaza de Los Leones) experienced rapid growth due to its location along major transportation routes and became the County seat in 1878. Huerfano County was named for , a small but prominent volcanic plug located about ten miles north of Walsenburg near the (Huerfano means orphan in Spanish). For centuries, Huerfano Butte guided travelers crossing between the plains and the mountain ranges to the west. The economic history of the County is rooted in agricultural production and mineral extraction. In the early years, livestock grazing, crop production and trade were the principal economic activities in the County. Then, in 1876, the and Rio Grande Western Railway arrived in Walsenburg and La Veta and that same year the County’s first major coal mine opened. This resulted in significant population growth (nearly 17,000 people) and the establishment of coal mining support industries including timber cutting and saw milling for mine props. Coal production within the County peaked in the second decade of the 1900’s and then began to decrease following World War I and as natural gas and other energy sources began to supplement coal. By 1960, the County’s population had declined to less than 7,900 people and agriculture and the government sector began to emerge as the County’s economic mainstays. The population of the County was at a low of just over 6,000 people in 1990, but has since shown slow but steady growth. In 2007, the population of Huerfano County was estimated to be just over 7,800 people by the US Census Bureau. According to the Bureau of Economic Analysis, based on 2007 data, 77% of the employed residents are employed in the private sector by non-agricultural related businesses, 14% are employed by the Government and just 9% have agricultural related employment. History of Comprehensive Planning in Huerfano County A Comprehensive Plan is an advisory document to guide the Planning Commission and Board of County Commissioners in making land development decisions. Because issues and concerns change as time progresses and the County grows, the plan must be a dynamic document that is updated and changed as new circumstances and issues arise. The first Comprehensive Plan for Huerfano County dates back to 1963 when County officials adopted a Master Plan to help guide the future development of the County. In 1984, the County integrated the comprehensive plan and land use regulations into one document and adopted the Huerfano County Land Development Guide. This Guide was then updated in 1998 and 1999 (the Comprehensive Plan in 1998 and the regulations in 1999). The Huerfano County Comprehensive Plan serves as an advisory document to guide land use and development decisions while the Land Use Code is a unified document that includes zoning regulations, subdivision regulations, PUD regulations, a sign code, and other land use regulations. Definition of “County” in the Comprehensive Plan When the term “County” is used in this Comprehensive Plan document, it is meant to refer to all of the land, people, and resources that make up the unincorporated areas of the County.

2 Development of the Huerfano County Comprehensive Plan Colorado State Law (CRS 30-28-106) mandates Huerfano County’s Planning Commission to prepare and adopt a “master plan for the physical development of the unincorporated territory of the County”. This master plan is referred to in Huerfano County as the Comprehensive Plan.

Huerfano County Comprehensive Plan Guiding Principle Huerfano County shall maintain the high quality of life that its residents enjoy by making land use decisions that protect the beauty of the natural environment and the County’s western heritage. In order to sustain the County, new development and redevelopment are desired as long as the new uses help meet the needs of the County’s citizen.A balance between economic vitality and rural character is essential to the way of life in Huerfano County.

Land Use and Growth

Introduction Huerfano County is primarily a rural county with an average of just 5 people per square mile. Approximately three-quarters of the entire land area is privately owned and the remaining land is publicly owned by the US Forest Service (San Isabel National Forest), the Bureau of Land Management, Colorado State Parks (Lathrop State Park) and the State Board of Land Commissioners (they lease their land primarily for agricultural uses). According to the NRCS, about 77% of the County is rangeland/grassland, approximately 18% is forest, a little less than 3% is cropland (96% of which is irrigated land), 0.7% is barren or rock/talus slopes, 0.6% is riparian or water, and 0.6% is developed with residential or commercial uses. It is important to the residents of the County that these rural land uses be maintained to protect the beauty of the natural environment and preserve the County’s western heritage. However, the County will also continue to have a diversity of other land uses including residential, commercial and industrial, to support the County’s residents. While some growth is desired, rather than seeing a lot of population growth, the citizens of the County would like to see growth take the form of redevelopment that brings in new businesses and industries to better support and meet the needs of the existing residents. In addition, new growth should be sustainable. The intent is to find a balance between economic vitality while maintaining rural character in order to preserve the natural environment and high quality of life that the residents treasure.

Goals and Policies

GOAL LG.1: ENCOURAGE A RANGE OF LAND USES WITHIN THE COUNTY.

Policy LG.1.1: Strive to maintain low impact agricultural uses in the County.

Policy LG.1.2: Accommodate residential, commercial and industrial land uses in the County.

Policy LG.1.3: Encourage the provision of open space in the County for preservation or recreational purposes.

3 Policy LG.1.4: Support efforts made by the State or Federal governments to continue to fund and otherwise support public lands.

Policy LG. 1.5 Ensure continued public access to public lands within Huerfano County and work to obtain access where it is not presently available.

GOAL LG.2: PLAN FOR GROWTH THAT MINIMIZES AND ADDRESSES ANY IMPACTS ON THE COUNTY

Policy LG.2.1: Ensure that new development under the jurisdiction of the County is appropriately located with adequate access to utilities and services.

Policy LG.2.2: Encourage orderly growth to occur in and around existing incorporated and unincorporated towns.

Policy LG.2.3: Encourage the preservation of large, agricultural and undeveloped parcels to allow the continued use of those properties for agricultural and open space purposes.

Policy LG.2.4: Encourage developers to design their proposed projects in a manner that will protect scenic views and existing development from encroachment by conflicting land uses.

Policy LG.2.5: Support new developments that protects air and water quality as required by State and Federal regulations.

Policy LG.2.6: It is a policy of Huerfano County to ensure to the greatest extent possible and allowed by law that new development will pay its own costs and not place new fiscal burdens on the County or existing residents.

Policy LG.2.7: It is the policy of Huerfano County to ensure that new development or land use changes not cause traffic, maintenance, or structional impacts to existing or planned roads beyond the fiscal capacity of the County to alleviate these impacts.

Policy LG.2.8: The County may consider for public dedication roads that meet current county design and construction standards that minimize future maintenance costs and maximize safety.

GOAL LG.3: FOSTER POSITIVE RELATIONSHIPS WITH THE TOWN OF LA VETA AND CITY OF WALSENBURG REGARDING LAND USE AND DEVELOMENT AROUND THEIR COMMUNITIES.

Policy LG.3.1: Establish Intergovernmental Agreements with the Town of La Veta and the City of Walsenburg in regard to land use and development around their communities.

RESIDENTIAL USES

Introduction The majority of existing residential uses within the County are within the towns of Walsenburg and La Veta and in the unincorporated communities of Cuchara and Gardner. When it comes to future residential uses, the County shall take steps to make sure most future unincorporated residential development locates 4 within the Urban Growth Areas around these incorporated and unincorporated communities. Focusing future residential development in these areas will help protect the quality of life of the residents as well as the natural environment. The County shall take steps to ensure that safe, quality housing is constructed as new residential uses are developed within the unincorporated areas. Goals and Policies

GOAL RU.1: PROTECT THE HIGH QUALITY OF LIFE AND BEAUTY OF THE NATURAL ENVIRONMENT WHEN LOCATING RESIDENTIAL LAND USES IN THE COUNTY.

Policy RU.1.1: Encourage residential uses to locate where there are adequate services, including utilities.

Policy RU.1.2: Encourage the clustering of residential development in order to protect agricultural land. Ensure that adequate water is available for any cluster developments per C.R.S. 37-92-602(1)(b), which states, “…the only well on a cluster development lot, serving one single-family residence, where the ratio of water usage in the cluster development does not exceed one acre-foot of annual withdrawals for each thirty- five acres within the cluster development”.

Policy RU.1.3: Encourage residential development to be sited, built and finished to protect and preserve scenic views.

Policy RU.1.4: Ensure that new residential uses have adequate water and sewer provisions.

GOAL RU.2: ENCOURAGE THE PROVISION OF SAFE, QUALITY, AND ENERGY EFFICIENT HOUSING WITHIN THE COUNTY. Policy RU.2.1: Promote building codes and Land Use Code requirements aimed at protecting people from hazardous conditions.

Policy RU 2.2: Encourage renovations that are aimed at achieving safe, quality, and energy efficient housing within the County.

Policy RU 2.3: Promote the use of personal wind energy and solar energy systems, with minimal regulation, to support personal energy needs.

Policy RU 2.4: New residential development is encouraged to utilize water conservation techniques in housing and landscaping.

Policy RU 2.5: Maintain residential zoning districts that allow for a variety of housing types.

ECONOMIC DEVELOPMENT Introduction To survive, the County needs economic development opportunities that will meet the employment, goods and service needs of the residents without significant harm to the environment. The County is dedicated to working cooperatively with other entities to create a pro-business environment to help maintain existing businesses and attract new businesses. Maintaining and attracting new businesses will help ensure that jobs, goods and services are available for County residents. The County will ensure that businesses are appropriately located to prevent land use conflicts and are well-designed with a focus on 5 sustainability. Ultimately, the County seeks to find a balance between economic vitality and its rural character to preserve the natural environment and high quality of life. The appropriate location of businesses should be determined primarily by business developers themselves, subject to the right of neighbors, and only secondarily by county regulators. Forcing businesses to locate in pre-determined business or industrial parks should be a last resort. Goals and Policies

GOAL ED.1: ENCOURAGE THE RETENTION AND EXPANSION OF EXISTING BUSINESSES AND THE ATTRACTION OF NEW BUSINESSES THAT WILL BENEFIT THE COUNTY.

Policy ED.1.1: Strive to make the land use process fast, affordable, consistent, clear, efficient and transparent.

Policy ED.1.2: Balance any potential economic incentives offered to businesses with the impacts to the County.

Policy ED.1.3: Encourage tourism-oriented businesses and organizations and branding (including “ Country”) in the County.

Policy ED.1.4: Encourage renewable energy related businesses in Huerfano County and use it to help draw other support businesses to the County.

Policy ED.1.5: Work with telecommunication service providers to make high capacity, high speed, intermodal and interconnected telecommunication infrastructure available throughout the County, especially in and around the incorporated and unincorporated communities. Policy ED.1.6: Consider public/private partnership opportunities as a way to draw-in new businesses that will benefit the County. Policy ED.1.7: Work with the Colorado Tourism Board and regional, county, and State economic development organizations to benefit from all economic development efforts. Policy ED.1.8: Encourage the location of primary, year-round and winter businesses in and around the town of La Veta to lessen its dependence on seasonal tourism. Policy ED.1.9: Support retention and expansion of existing businesses; encourage formation of new businesses, especially location-neutral businesses. Policy ED.1.10: Encourage development of upscale RV parks throughout the County.

GOAL ED.2: ENSURE THAT THE COUNTY HAS APPROPRIATELY LOCATED, WELL DESIGNED COMMERCIAL/ INDUSTRIAL DEVELOPMENT.

Policy ED.2.1: Require commercial and industrial development and uses to occur in locations that the County and minimize land use conflicts.

Policy ED.2.2: Promote well-designed, energy efficient commercial and industrial development within the County.

GOAL ED.3: ENCOURAGE THE DEVELOPMENT OF AN ADEQUATE WORKFORCE TO SUPPORT EXISTING AND POTENTIAL BUSINESSES.

6 Policy ED.3.1: Encourage community colleges, junior colleges, and technical schools to provide classes/training programs in and around the County.

Policy ED.3.3: Develop a more capable workforce capable of meeting employers’ needs. For example, encouraging land use decisions that involve partnering with RE-1 and RE-2 School Districts to insure students are ready for training or advances education and/or develop post-secondary education facilities in the county.

GOAL ED.4: ENCOURAGE RECURRING RECREATIONAL AND ARTISTIC EVENTS WHICH ENHANCE LIFE IN HUERFANO COUNTY AND CREATE BUSINESS GROWTH IN OTHER ECONOMIC SECTORS.

Policy ED.4.1: Special events such as endurance rides, alpine events, train ridership, historical, scientific, sporting and musical gatherings should be encouraged, bringing support lodging, retail, restaurants and other existing businesses. Policy ED.4.2: Develop and promote outdoor recreation and tourism opportunities throughout Huerfano County including but not limited to hiking and historic trails, historic sites, birding, virtual tours, reopening Grandote Golf Course, non-motorized outdoor sports, endurance rides, and clays courses. Policy ED.4.3: Develop and promote artistic, cultural, historic and music assets such as a county- owned amphitheater or a county-wide cultural district.

GOAL ED.5: INCORPORATE THE FOLLOWING ECONOMIC DEVELOPMENT “STRATEGIC PRIORITIES” IN APPROPRIATE LAND USE DECISIONS.

Policy ED.5.1: Beautification and elimination of blight associated with County entrances at Highway exits and on all thoroughfares throughout the county. Policy ED.5.2: Improvement of housing stock throughout the county, particularly in Walsenburg and its environs. Policy ED.5.3: Leverage governmental water and wastewater infrastructure to promote targeted growth. Policy ED.5.4: Repurpose existing major private and public facilities which are currently unused or underutilized. Policy ED.5.5: Develop utility infrastructure for large land parcels for agriculture and industrial development.

7 Policy ED.5.6: Promote revitalization of ALL commercial areas in the County. Policy ED.5.7: Develop and provide GIS-based county-wide digital tract index including making records of County Clerk, Assessor, and Treasurer available on-line. Policy ED.5.8: Depending on market conditions, encourage and promote appropriate energy development throughout the county. Policy ED.5.9: Develop and utilize real property taxation schedules for severed mineral interests. Policy ED.5.10: Strategize development of all three I-25 Walsenburg exits, particularly Exit 49. Policy ED.5.11: Initiate and complete comprehensive asset mapping of the County. Policy ED.5.12: Institute and staff appropriately located visitor centers on highway entrances to the county. Policy ED.5.13: Develop and promote facilities for the care of the county’s aging population including assisted living and staged care. Policy ED.5.14: Provide county-wide urgent care and ambulance service. PUBLIC FACILITIES, SERVICES AND AMENITIES Introduction In order to maintain a high quality of life for residents of Huerfano County it is important for the County to strive to maintain and improve the many public facilities, services and amenities available to residents of the County. Goals and Policies

GOAL PSA.1: ENCOURAGE MULTI-MODAL TRANSPORTATION WHICH ALLOWS FOR THE SAFE, ECONOMICAL AND EFFICIENT TRANSPORTATION OF PEOPLE AND GOODS INTO AND THROUGHOUT THE COUNTY.

Policy PSA.1.1: Ensure that all County dedicated and maintained roads meet uniform minimal standards of design and construction.

Policy PSA.1.2: Encourage the education of existing and potential residents in regard to County maintained roads.

Policy PSA.1.3: Support the implementation of the South Central Transportation Planning Region’s 2035 Regional Transportation Plan (RTP).

Policy PSA.1.4: Support the County’s Spanish Peaks Airport (Johnson Field) and encourage the continuation of La Veta’s Cuchara Valley Airport and other private airfields.

Policy PSA.1.5: Expand the opportunities available in the County for non-motorized transportation options and encourage their use. For example:

. Research grant opportunities to find ways to fund the development of a Non- Motorized Transportation Master Plan to identify existing and proposed non- motorized transportation routes throughout the County and the construction of additional bicycle, pedestrian and related alternate transportation routes in the County. 8 . Support efforts made by the Colorado Department of Transportation to provide four foot paved shoulders along all State Highways through the County.

Policy PSA.1.6: Support rail as a transportation mode within the County and discourage the abandonment of rail lines.

Policy PSA.1.7: Continue and when possible, expand, the public transit options available within the County.

GOAL PSA.2: ENCOURAGE TOURISM AND RECREATIONAL OPPORTUNITIES IN THE COUNTY TO MEET THE NEEDS OF THE CITIZENS AND VISITORS.

Policy PSA.2.1: Implement the Huerfano County Parks and Trails Master Plan.

Policy PSA.2.2: Preserve tourism, cultural, and historical resources such as representative sculptures.

Policy PSA.2.3: Preserve views deemed to be aesthetically pleasing to citizens and tourists.

Policy PSA.2.4: Preserve and develop access to public lands through roads or trails as may be appropriate for all outdoor activities.

Policy PSA.2.5: Support all parameters of agritourism in the county.

Policy PSA.2.6: Carefully consider compliance with all signage requirements, including location and ownership, in the county’s current Sign Regulations, currently Section 14.00 of the Huerfano County Land Use Regulations, as they may be amended from time to time.

Policy PSA.2.1: When conditioning any land use permission, consider inclusion of a provision for periodic county staff inspections to insure the cleanup of junk and the maintenance of land and buildings for the purpose of protecting the public, health, safety, and general welfare.

GOAL PSA.3: WORK COOPERATIVELY WITH THE PROVIDERS OF PUBLIC UTILITIES, SERVICES AND FACILITIES.

Policy PSA. 3.1: Require applicants proposing new development or a land use change to work with the providers of the impacted public utilities, services and facilities.

Policy PSA.3.2: Encourage development in locations where the necessary public facilities and services, such as water and sewage disposal, can be provided economically, safely and efficiently.

9 Policy PSA.3.3: Encourage development in logical and compact locations and patterns that maximize economic return, minimize public cost, promote human health, safety and welfare, protect the environment and provide visual satisfaction.

Policy PSA.3.4: Support law enforcement and emergency services in their efforts to address public safety issues to protect the quality of life in the County.

GOAL PSA.4: BECOME MORE ENVIRONMENTALLY RESPONSIBLE HANDLING TRASH WITHIN THE COUNTY.

Policy PSA. 4.1: Encourage Huerfano County Governments, citizens and businesses to recycle.

Policy PSA. 4.2: Encourage waste haulers and collectors of waste to provide composting and recycling options for customers within the County.

Policy PSA. 4.3: Encourage property owners to keep their properties clear of rubbish and junk.

Resources and Hazards Introduction Maintaining Huerfano County’s high quality of life is largely dependent on the practices of the County, its industries, and its citizens related to resources and hazards. Therefore, it is important for the County to take steps to ensure the resources available within the County are wisely used and protected. The County’s resources that are addressed in this chapter of the Comprehensive Plan include:

. natural resources like agricultural lands, water quality and quantity, air quality, wildlife habitat, dark skies, geological formations and scenic vistas; . nonrenewable resources like renewable resources like oil and gas, coal bed methane, aggregate (sand and gravel) and uranium; . renewable resources like wind, solar, and micro-head hydro power; and . historic and cultural resources including archaeological, historical and paleontological sites. It is equally important for the Comprehensive Plan to address natural hazards that occur in the County to provide direction on steps that need to be taken to protect human health, safety and welfare. Residents of Huerfano County need to understand that in times of natural disaster, available county personnel are limited and large events can overwhelm the County’s limited emergency responders. County citizens need to understand that living in a remote or rugged rural area can pose serious threats to life, safety, and welfare for humans, livestock and wildlife. Hazards that are addressed in this chapter include floodplains/floodways, wildfire danger areas, unstable soils and slopes, coal bed methane seeps, subsidence over old coal mines, uranium ore and high wind zone areas. (See also the 2018 Huerfano County Multi-Hazard Mitigation Plan, adopted in its entirety by this reference.) Goals and Policies

GOAL RH.1: GUIDE THE USE AND DEVELOPMENT OF THE COUNTY’S NATURAL RESOURCES FOR THE BENEFIT OF FUTURE GENERATIONS.

Policy RH.1.1: Develop and enforce Land Use Code regulations that protect the County’s natural resources including scenic beauty, lands, water quality, air quality, wildlife habitat, dark skies and geological formations from detrimental impacts caused by development and require developers to avoid or mitigate impacts on those resources.

10 Policy RH.1.2: Require independent review of all technical studies at the applicant’s expense. Policy RH.1.3: Require a study determining possible negative impacts of all development. Said study to include how those consequences will be addressed and a total cost for recovery for the use over its lifetime. Policy RH.1.4: Require a permanent decommissioning bond for all natural resource development and require a decommission plan financed by the proceeds of the bond. Policy RH.1.5: Encourage the use of renewable resources.

GOAL RH.2: PROTECT THE INTERESTS OF HUERFANO COUNTY WHEN PERMITTING THE EXTRACTION OF NON-RENEWABLE RESOURCES.

Policy RH.2.1: Regulate land uses associated with the extraction of minerals including but not limited to oil and gas, coal bed methane, aggregate, uranium, and other ores.

Policy RH.2.2: Require independent review of all technical studies on all applications at the applicant’s expense. Policy RH.2.3: Require a permanent decommissioning bond for all non-renewable resource development and require a decommission plan financed by the proceeds of the bond.

GOAL RH.3: ENCOURAGE THE USE AND DEVELOPMENT OF HUERFANO COUNTY’S RENEWABLE RESOURCES IN WAYS THAT BENEFIT THE COUNTY.

GOAL RH.4: PROTECT HUMAN HEALTH FROM NATURAL HAZARDS.

Policy RH.4.1: Provide information about hazardous areas within Huerfano County by maintaining current mapping of those areas and require developers to provide a professionally prepared hazard report if their proposed development falls within a designated or suspected natural hazard risk area.

Policy RH.4.2: Require new development to either avoid or adequately mitigate the dangers associated with natural hazards.

Policy RH.4.3: Adopt appropriate codes to address special hazard areas: fire construction prevention, hazardous materials prevention, weather and earthquake. Policy RH.4.4: Require all new subdivision development to occur adjacent to a county maintained roadway. Policy RH.4.5: Require all new subdivision development to provide two points of ingress/egress from a county maintained roadway and construct internal roadways with an all weather surface designed to withstand weights and turning needs of all emergency vehicles. Policy RH.4.6: Require all new subdivision development that results in five (5) lots or greater to be approved for access and layout by emergency services including fire, sheriff’s office, and ambulance services. 11

GOAL RH.5: PRESERVE THE COUNTY’S HISTORIC AND CULTURAL BACKGROUND.

Policy RH.5.1: Encourage protection for, appreciation of and public access to the sites and events of historical, prehistorical, architectural and scientific interest within Huerfano County in order to promote among visitors and residents a strengthened understanding of the County’s cultural and natural resources.

Policy RH.5.2: Preserve significant archaeological, historical and paleontological sites within the County by developing Land Use Code regulations.

Policy RH.5.3: Work closely with other organizations to preserve significant historical information.

Water Resources

Introduction Huerfano County is arid country, historically water-short. Its rivers and streams, as well as their associated groundwater, are over-appropriated; flows vary wildly from month to month and year to year. As a result, securing a physically and legally reliable water supply is an essential requirement for land development and often the most difficult. Failed land use developments adversely affect county infrastructure and services. Inadequate water supply is one of the most common causes of failed development. Huerfano County contains two river basins, the Huerfano to the north and the Cucharas to the south.  Of these two rivers, secure water supplies necessary for development are currently available only on the sparsely populated Huerfano River where the value of senior water rights is lower and where the Huerfano Water Conservancy District operated a regional augmentation project from which augmentation certificates may be purchased. Information on that program can be found on the district’s website, https://www.hcwcd.net/.  In the more populous basin assured water supplies are not so conveniently available. Senior water rights cost more and the HCWCD does not yet operate an augmentation program. All of the county’s governmental water providers are in the Cucharas basin. They may be willing to contract with developers to provide firm water supplies. Developers can expect that governmental providers may be cautious in contracting for firm future water deliveries for a simple reason – there is a dramatic shortage if water storage facilities (reservoirs) in the Cucharas basin, making dry year supplies tenuous. Since WWII, the capacity of Cucharas basin storage facilities has dropped by more than 70%. The HCWCD and others plan to restore storage in the basin. The Cucharas Basin Storage Collaborative’s 2017 reconnaissance level investigation identified five preferred storage facilities distributed from the upper to the lower reaches of the Cucharas Basin (Britton Ponds Enlargement, South Baker Creek Reservoir, Bruce Canyon Reservoir, La Veta Town Lakes Enlargement, Maria-Stevens Rehabilitation/Enlargement). Following ongoing geotechnical evaluation, expected to be completed in summer 2018, those projects will be ready for final design and construction. The study’s several reports can be found at the HCWCD’s website, above.

12 Consequently, as summarized below and set out with greater particularity in the County’s land use regulations, before any land use application will be approved, the applicant must demonstrate that it has a reliable water supply for the proposed development.

Goals and Policies

GOAL WR.I: Future development in Huerfano County will be supported by physically and legally reliable water supplies. Policy WR.1.1: The County typically will approve development water supplies which are assured by firm water supply contracts with governmental water providers such as the City of Walsenburg, the Town of La Veta, and the Cucharas Sanitation and Water District. Policy WR.1.2: In the absence of governmental water supply contracts, the applicant should provide evidence of a reliable water supply in the form of: 1. A letter from the Office of the Division Engineer for Water Division No. 2 (the basin), 2. A substitute water supply plan approved by the State Engineer, 3. A decree of the Division 2 Water Court, or 4. In the Huerfano River basin, by an augmentation certificate from or a long-term lease with the Huerfano County Water Conservancy District. Policy WR.1.3: In those rare events that the above documentation is not available, the County may elect to do its own analysis in consultation with the appropriate Water Commissioner (Districts 16 or 79) and the Huerfano County Water Conservancy District. Policy WR.1.4: Applicants should avoid reliance on either 1. Wells which have been permitted solely for “exempt” purposes. Such wells rarely satisfy the County requirements of a reliable water supply for development purposes. 2. “Haul” water for which a firm contract for a specific amount of water over a specified period of time has not been entered into with the water provider.

Code of the West Huerfano County has adopted the Code of the West as stated below. The Code of the West was first chronicled by the famous western writer, Zane Grey. The men and women who came to this part of the country during the westward expansion of the were bound by an unwritten code of conduct. The values of integrity and self-reliance guided their decisions, actions and interactions. In keeping with that spirit, the Huerfano County Planning Commission and County Commissioners offer this information to help the citizens of the County who wish to follow in the footsteps of those rugged individualists by living outside city limits. The body of this document and most of the original wording was taken from a work by John Clarke, a Commissioner for Larimer County, Colorado. It is important for you to know that life in the country is different from life in the city. County governments are not able to provide the same level of service that municipal governments provide. To that end, we are providing you with the following information to help you make an educated and informed decision when choosing to purchase rural land outside the boundaries of the City of Walsenburg and the Town of La Veta.

13 Access The fact that you can drive to your property today does not necessarily guarantee that you, your guests and emergency service vehicles can achieve that same level of access at all times. Please consider: 1. Emergency response times (sheriff, fire suppression, medical care, etc.) cannot be guaranteed. Under some extreme conditions, you may find that emergency response is extremely slow and expensive. 2. There can be problems with the legal aspects of access, especially if you gain access across property belonging to others. It is wise to obtain legal advice and understand the easements that may be necessary when these types of questions arise. 3. You can experience problems with the maintenance and cost of maintenance of your road. Huerfano County maintains 675.23 miles of roads, but many rural properties are served by private and public roads which are maintained by individuals or by private road associations. Additionally, there are many miles of County roads that are not maintained by the County - no grading or snow plowing. There are even some public roads that are not maintained by anyone. Make sure you know what type of maintenance to expect and who will provide that maintenance. 4. Extreme weather conditions can destroy roads. Many roads were not built to current standards, and the combination of the weather and increased loading will result in high maintenance costs. 5. Many large construction vehicles cannot navigate small, steep, narrow roads. If you plan to build, it is prudent to check out construction access. 6. School buses travel only on maintained County roads that have been designated as school bus routes by the School District. You may need to drive your children to the nearest County road so they can get to school. 7. In extreme weather, even County maintained roads can become impassable. You may need a four wheel drive vehicle with chains for all four wheels to travel during those episodes, which could last for several days. 8. Natural disasters, especially floods, can destroy roads. A dry creek bed can become a raging torrent and wash out roads, bridges, and culverts. The repairs of these private roads are the responsibility of the landowners who use those roads. Huerfano County by law can only repair and maintain roads in the County road system. 9. Unpaved roads generate dust when traffic reaches specific levels. As a rule, Huerfano County does not treat County roads to suppress the dust. Dust is a fact of life for most rural residents. If you reside near an unpaved Huerfano County road, you may be able to obtain a permit from the Road and Bridge Department to treat the road for dust suppression using a county approved contractor at your expense. 10. If your road is unpaved, it is highly unlikely that Huerfano County will pave it in the foreseeable future. Check carefully with the Huerfano County Road and Bridge Department when any statement is made by the seller of any property that indicates any unpaved roads will be paved. 11. Unpaved roads are not always smooth and are often slippery when they are wet. You will experience an increase in vehicle maintenance costs when you regularly travel on rural County roads. 12. Mail delivery is not available to all areas of the county. Ask the postmaster to describe the system for your area.

14 13. Newspaper delivery is similarly not always available to rural areas. Check with the newspaper of your choice before assuming you can get delivery. 14. Standard parcel and overnight package delivery can be a problem for those who live in the country. Confirm with the service providers as to your status. Utilities Water, sewer, electric, telephone, trash pick-up and other services may be unavailable or may not operate at urban standards. Repairs can often take much longer than in towns and cities. Please review your options from the non-exhaustive list below: 1. Telephone communications can be a problem, especially in the mountain areas; and the areas of Huerfano County. If you have a private line, it may be difficult to obtain another line for fax or computer modem uses. Even cellular phones will not work in all areas. 2. Outside of water and sanitation districts, sewer service is not available to your property. It also may be expensive to maintain the system you use. 3. If sewer service is not available, you will need to use an approved on-site septic system or other treatment process. The type of soil you have available for a leach field will be very important in determining the cost and function of your system. Have the system checked by a reliable sanitation firm and ask for assistance from the Las Animas-Huerfano Counties District Health Department. 4. If you have access to a supply of treated domestic water, the tap fees can be expensive. You may also find that your monthly cost of service can be costly when compared to municipal systems. 5. If you do not have access to a supply of treated domestic water, you will have to locate an alternative supply. The most common sources of water in rural areas are private wells. Private wells are regulated by the Colorado State Engineer. The cost for drilling and pumping can be considerable. The quality and quantity of well water can vary considerably from location to location and from season to season. It is strongly advised that you research this issue very carefully. 6. Not all wells can be used for watering of landscaping and/or livestock. If you have other needs, make certain that you have the proper approvals before you invest. It may also be difficult to find enough water to provide for your needs even if you can secure the proper permit. 7. Electric service is not available to every area of Huerfano County. It is important to determine the proximity of electrical power. It can be very expensive to extend power lines to remote areas. 8. It may be necessary to cross property owned by others in order to extend electric service to your property in the most cost efficient manner. It is important to make sure that the proper easements are in place to allow lines to be built to your property. 9. Electric power may not be available in two phase and three phase service configurations. If you have special power requirements, it is important to know what level of service can be provided to your property. 10. If you are purchasing land with the plan to build at a future date, there is a possibility that electric lines (and other utilities) may not be large enough to accommodate you if others connect during the time you wait to build. 11. The cost of electric service is usually divided into a fee to hook into the system and then a monthly charge for energy consumed. It is important to know both costs before making a decision to purchase a specific piece of property.

15 12. Power outages can occur in outlying areas with more frequency than in more developed areas. A loss of electric power can also interrupt your supply of water from a well. You may also lose food in freezers or refrigerators and power outages can cause problems with computers as well. It is important to be able to survive for up to a week in severe cold with no utilities if you live in the country. 13. Trash removal can be much more cumbersome and expensive in a rural area than in a city. It is illegal to create your own trash dump, even on your own land. It is good to know the cost for trash removal as you make the decision to move into the country. In some cases, your only option may be to haul your trash to a solid waste transfer station (Gardner) yourself or a landfill (Trinidad; Pueblo; Westcliffe). Recycling is currently available in Walsenburg and La Veta. 14. The State of Colorado has laws which prohibit and/or restrict the open burning of trash and yard debris. You will need to contact the applicable local fire protection District and the Las Animas- Huerfano Counties District Health Department to determine your ability to burn these types of materials on your property. The Property There are many issues that can affect your property. It is important to research these items before purchasing land. 1. Construction of most buildings in Huerfano County requires County issued building permits. Depending on the building location and use, other permits and approvals may also be required, such as conditional use, zone change, or subdivision approval. You should verify all permits required by contacting the Huerfano County Building Inspector. 2. Not all lots or parcels are buildable. The Huerfano County Assessor has many parcels that are separate for the purpose of taxation that are not legal lots in the sense that a building permit will not be issued. You must check with the Huerfano County Planning Department to know that a piece of land can be built on. 3. Easements may require you to allow construction of roads, power lines, water lines, sewer lines, etc. across your land. There may be easements that are not of record. Check these issues carefully. 4. You may be provided with a plat of your property, but unless the land has been surveyed and pins placed by a licensed surveyor, you cannot assume that the plat is accurate. 5. Fences that separate properties are often misaligned with the property lines. A survey of the land is the only way to confirm the location of your property lines. A “historic” fence may define property ownership and take precedence over a “legal” survey. 6. Many subdivisions and planned unit developments have covenants that limit the use of the property. It is important to obtain a copy of the covenants (or confirm that there are none) and make sure that you can live with whose rules. Also, a lack of covenants can cause problems with neighbors. Huerfano County does not become involved in the enforcement of covenants. 7. Homeowners Associations (HOAs) are required to take care of common elements, roads, open space, etc. A dysfunctional homeowners association or poor covenants can cause problems for you and even involve you in expensive litigation. 8. Dues are almost always a requirement for those areas with a HOA. The by-laws of the HOA will tell you how the organization operates and how the dues are set. 9. The surrounding properties will probably not remain as they are indefinitely. You can check with Huerfano County Planning Department to find out how the properties are zoned, find out what kind of buildings and uses are allowed, and to see what future developments may be in the planning stages. The view from your property may change. 16 10. The development of lots or portions of lots may be affected by geological hazards, frequent flooding, wetlands, streams, rivers, and lakes. Additionally, priority fish and/or wildlife habitats and species may limit the type and location of development you may perform on your property. Development constraints, extra costs, special studies and/or permits may be required for development of lots or portions of lots affected by the above physical characteristics and attributes. 11. The location of a new residence is a particularly important decision because it is so permanent. Recent arrivals often build their homes on the highest ridge or hilltop on their property. However, what they may not realize is that the farther they can see from their picture window, the farther their home can be seen by others. Weather conditions, like wind and snow, can affect your utility expenses if your residence is out in the open and subject to the elements. 12. When well designed and properly installed, outdoor lighting can be very useful in improving visibility and safety and creating a sense of security, while at the same time minimizing energy use and operating costs. If outdoor lighting is not well designed and properly installed, it can be costly, inefficient, glaring and harmful to the nighttime environment. Poorly designed or poorly installed lighting can cause a great deal of glare that can severely hamper the vision of pedestrians, cyclists, and drivers, creating a hazard rather than increasing safety. Glare occurs when you can see light directly from the fixture (or bulb). Unshielded and overlamped outdoor lighting shines onto neighborhood properties and into bedroom windows, reducing privacy, hindering sleep, and creating an unattractive look to the area. Much of our outdoor lighting wastes energy because it is not well designed. This waste results in high operating costs and increased environmental pollution from the extra power generation needs. We waste over a billion dollars a year in the United States alone lighting up the sky at night. A large fraction of poor lighting shines directly upwards, creating the adverse sky glow above our cities that washes out our view of the dark night sky, taking away an important natural resource. In addition to the cost savings, less sky glow will allow future generations to enjoy the beauty of the stars, and children will be inspired to learn and perhaps to enter the field of science. 13. If you have a ditch running across your property, the owners of the ditch have the right to come onto your property with heavy equipment to maintain the ditch and to access the ditch and the water source. The water flowing in irrigation ditches belongs to someone. You cannot assume that because the water flows across your property, you can use it. Flowing water can be a hazard, especially to young children. Before you decide to locate your home near an active ditch, consider the possible danger to your family. Ditch owners are not legally responsible for accidents. Also, flow levels may be changed abruptly without warning. Irrigation ditches tend to raise the ground water level. Be sure to check if there is a seasonal ground water fluctuation that may effect your basement or well. Mother Nature Residents of the County usually experience more problems when the elements and earth turn unfriendly. Here are some thoughts for you to consider. 1. The physical characteristics of your property can be positive and negative. Trees are a wonderful environmental amenity, but can also involve your home in a forest fire. Building at the top of a forested draw should be considered as dangerous as building in a flash flood area. "Defensible perimeters" are very helpful in protecting buildings from forest fire and, conversely, can protect the forest from igniting if your house catches on fire. If you start a forest fire, you are responsible for paying for the cost of extinguishing that fire. For further information, you can contact the applicable local Fire District. 2. Steep slopes can slide in unusually wet weather. Large rocks can also roll down steep slopes and present a great danger to people and property. 17 3. Expansive soils can buckle concrete foundations and twist steel I-beams. You can determine the soil conditions on your property if you have a soil test performed, or consult a geologist or geotechnical engineer. 4. North facing slopes or canyons rarely see direct sunlight in the winter. There is a possibility that snow will accumulate and not melt throughout the winter. 5. The topography of the land can tell you where the water will go in the case of heavy precipitation. When property owners fill in ravines, they have found that the water that drained through that ravine now drains through their house. Low areas will collect water when snow melts or large rain events occur. Take your property's topography into account when siting structures and other development. 6. A flash flood can occur, especially during the summer months, and turn a dry gully into a river. It is wise to take this possibility into consideration when developing your property or building. 7. Spring run-off can cause a very small creek to become a major river. Many residents use sand bags to protect their homes. The County does not provide sand bags, equipment or people to protect private property from flooding. 8. Nature can provide you with some wonderful neighbors. Most, such as deer and eagles are positive additions to the environment. However, even "harmless" animals like deer can cross the road unexpectedly and cause traffic accidents. Rural development encroaches on the traditional habitat of coyotes, bobcats, mountain lions, rattlesnakes, prairie dogs, bears, mosquitoes and other animals that can be dangerous and you need to know how to deal with them. In general, it is best to enjoy wildlife from a distance and know that if you do not handle your pets and trash properly, it could cause problems for you and the wildlife. The Colorado Division of Wildlife has many free publications to help educate you about rural living. 9. Many areas in Huerfano County are open for hunting. Hunting, while providing recreational opportunities, is a tool for managing wildlife populations. It also involves individuals who may trespass, litter, and fire guns. Don't assume that adjacent property is a “no shooting” area.. Agriculture The people who tamed this wild land brought water to the barren, arid east slope of the Sangre de Cristo Mountains through an ingenious system of water diversion. This water has allowed agriculture to become an important part of our environment. Owning rural land means knowing how to care for it. There are few things you need to know: 1. It is possible that adjoining agriculture uses can disturb your peace and quiet. 2. Land preparation and other operations can cause dust, especially during windy and dry weather. 3. Farms occasionally burn their ditches to keep them clean of debris, weeds and other obstructions. This burning creates smoke that you may find objectionable. 4. Chemicals are often used to grow crops. You may be subject to spray drift or over spray. You may be sensitive to these substances and many people actually have severe allergic reactions. Many of these chemicals are applied by airplanes that fly early in the morning. 5. Animals and their manure can cause objectionable odors. What else can we say? 6. Agriculture is an important business in Huerfano County. If you choose to live among the farms and ranches of our rural countryside, do not expect County government to intervene in the normal day-to-day operations of your agribusiness neighbors. In fact, Colorado has "Right to Farm" legislation that protects farmers and ranchers from nuisance and liability lawsuits. It enables them to continue producing food and fiber.

18 7. The State of Colorado has an open range law. This means that if your property is located in an open range and you do not want cattle, sheep or other livestock on your property, it is your responsibility to fence them out. It is not the responsibility of the rancher to keep his/her livestock off your property. 8. Before buying land you should know if it has noxious weeds that may be expensive to control and you may be required to control. Some plants are poisonous to horses and other livestock. In July 1990, the Colorado Legislature passed a bill commonly called the “Colorado Weed Management Act.” This weed bill requires all landowners to manage “undesirable plants which present a threat to the continued economic and environmental value of the lands of the state”. 9. Animals can be dangerous. Bulls, stallions, rams, boars, etc. can attack human beings. Children need to know that it is not safe to enter pens where animals are kept. 10. Huerfano County receives an average of between 12-14 inches of precipitation per year. As a result, we have a problem with overgrazing, and fugitive dust. Without irrigation, grass does not grow very well. There is a limit to the amount of grazing the land can handle. The Huerfano County Cooperative Extension office can help you with these issues. Therefore, even though you pay property taxes to the County, the amount of tax collected does not cover the cost of the services provided to rural residents. In general, tax revenues derived from oil and gas production, commercial, industrial, agricultural and forest uses and activities in the County subsidize the lifestyle of those who live in the country by making up the shortfall between the cost of services and the revenues received from rural dwellers. This information is by no means exhaustive. There are other issues that you may encounter that we have overlooked and we encourage you to be vigilant in your duties to explore and examine those things that could cause your move to be less than you expect. We at Huerfano County have offered these comments in the sincere hope that it can help you enjoy your decision to reside in the country. It is not our intent to dissuade you, only to inform you. If you have any questions, please do not hesitate to call us.

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ACKNOWLEDGEMENTS Planning Commission Betty Elevell Ann Renaud-Wilkerson Max Vezzani, Chairman Mary Jen Fowler HE Renaud-Wilkerson Lonnie Brown John Frederick Ray Reynolds Dale Davis Linda Frederick Robin Richards Lewis Edmundson Larry Fuller Bill Riggins Larry Mapes Molly Fuller David Rinehart Kent Mace (1st Alternate) Jacque Goemmer Renee Rinehart Myrna Falk (2nd Alternate) Donna Goodale Jane Rose Mark Goodale Roberta Rosen Board of County Commissioners Charlie Hackbarth Babz Seawell Art Bobian, Chairman (District 3) Marilyn Hall Brent Seawell Roger Cain, Commissioner (District 1) Riesa Harris Janis Sechrist Scott King, Commissioner (District 2) Maurice Heikes Carl Shunk Jim Hribar Marilyn Shunk County Staff Mary Lynn Hughes Judy Sims-Barlow John Galusha, Administrator Shirley Jameson Bill Stark Steven B. Channel, Planner Dawson Jordan Betty Story Diego A. Bobian, GIS Director Rena Kaplowitz Vern Story Louise Sandoval, Assessor Lourae King Dave Stroh Debra J. Reynolds, Treasurer Ed Kirkland John Stroh Barb Kowalits Keith Tatman Public Process Participants Chip Kraynyk Sharon Vezzani Tammy Alhadef Keli Kringel Reed White Derek Andreas Fran Lenzotti Sandy White Donald Andreatta Don Lowell James Wilcox Michele L. Apjul Sarah Lowell David Zehring Mary Backiel Paul Machmuller Peggy Zehring Will Barlow C. A. MacMillan Carolyn Eland Judy Berge John Manos Dawn Blanken Bob Martin Sandy Borthick Frank Martin Doug Brgoch Karan McAnally Kathy Brown Laurie McIlraine Kim Brunner Elecive Mellott Mark Brunner George K. Mellott Alicia Bryant Marta Moore Charles Bryant Mike Moore Ron Busch Carran Muhn Ginny Carlson Paul Neldner Nancy Carroll Carolyn Newman Bobbie Cisneros Jessica Newton Paul Coe Deborah Nott Marvin Davis Bill Odell

20 Deb Donovan Vikki Odell Carol Dunn Charlene Olsen Allison Eaton Steve Perkins Ty Edmondson Jenny Quarterman

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