Rebuttal Report for City of Durango, Case No. 2006CW9

Home Browse Search

Harris Report Paragraph 3.1.3 b) "b) The [30,000 AF minimum carve -out] amount is within the range shown in Table D" Table D, pg. 13 of the Harris report lists 7 future land use categories and estimates high and low diversion and depletion amounts in acre feet for each category totaling up to 66,000 AF in total diversion. This section our report addresses each of the following projections for diversion for future land use categories individually: Table 2 - Duplication of Harris Report Table D Diversions Category Diversion Range in Acre Feet La Plata Existing Denisity 1,000 -1,600 La Plata Higher Density 0- 15,700 Ponds and Lawn /Garden 820 -2,500 San Juan County 3,800 - 3,800 Commercial /Industrial 1,000 - 10,000 Contingency 600-6,000 Source: Harris report, 2007 LA PLATA COUNTY EXISTING DENSITY The Harris report calculates a maximum diversion range of 1,600 acre feet based on the assertion that "La Plata County existing land use plans allow about 4,000 new homes upstream of the boating park." The report offers no sources or methodology to explain or support this assertion. RPI Consulting prepared a Report for City of Durango in September 2006 entitled Animas River Basin Future Residential Development and Water Demand Study. In that study RPI considered 3 main factors affecting future residential development in La Plata County: "Estimate total potential development rights for residential units based on density regulations. Account for physical constraints such as geologic hazards, steep slopes, and lack of roads and associated land use regulations. Subtract exclusions, such as government property, land inside municipal boundaries or planning areas, land inside central water service areas, and pre -1972 legal lots and parcels that qualify for an exempt well." Using a documented and rigorous 18 -step methodology, RPI accounted for the currently adopted La Plata County land use regulations regarding residential density and geologic hazards as well as accounting for jurisdictional and ownership patterns that ultimately influence residential development outcomes. The analysis used the best available GIS data and Assessor data from La Plata County, the USGS, and other reputable sources. All sources were cited and the methodology was described in detail throughout the report. Furthermore, instead of estimating all development, RPI's report focused on isolating future residential development that would likely need to obtain a water right. La Plata County's regulations result in density ranges, therefore the results of RPI's study are also expressed as a range of future residential development potential: 1 This report focuses on the diversion quantities because the depletion quantities in Table D are arithmetically determined from the diversion quantities.