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14 0> <') ~ ~,) (iO ~ISLATIVE REPORT July 16, 1996 WATER Requires ~ local public body to announce the specific legal authority requiring a matter to be kept confidential before holding an executive session on such basis, Subject to certain exceptions, requires local public bodies to maintain a list of persons who request notification of meetings. BECAME LAW without Governor's signature May 3, 1996 EFFECTIVE July 1, 1996 B.B. 96-1364 Rural land use process - cluster developments - well permits. Provides that cluster developments are not "subdivisions" or "subdivided land" for purposes of county subdivision regulations. Declares the public interest in permitting cluster developments as a means of preserving open space, protecting wildlife habitat and critical areas, enhancing the rural character of are~s that are contiguous to agricultural lands, and reducing the need for development of roads and utilities to serve new residential improvements. . Defines "rural land use process" as a county planning process designed to offer development alternatives for single family residential purposes to traditional 35-acr'e parcels. Defines "cluster developments" as divisions of. land that create p~rcels that contain less than 35 acres each, but no more than 2 residential units per 35-acre increment, and that reserve at least two-thirds of the total area of the tract for preservation of open space. Requires that a cRuster development plan not permit development of the reserved open spac~ for at least 40 years. Limits cluster developments to one well permit per residential lot within the development. Except in areas where ample water is available, requires a court-approved plan for augmentation for any cluster development in which the water u~age would exceed an annual withdrawal rate of one acre- foot of water for ea~h 35 acres within the development. Requires the board ~f county cornrnission~rs of any county that has approved a cluster development :0 notify the state ~ngineer and provide to the state engineer a copy of the :ounty's rural land qse plan, Establishes a presumption of noninjury for wells that are requested for luster development lots to serve one residential unit when the well will be he only well on the lot and water usage in the cluster development will not ceed one acre-foot' per year for each 35 acres in the development. pressly provides th~t these provisions do not limit the authority of the ate engineer to req,uire metering, periodic reporting, and cessation of ter withdrawals in appropriate circumstances. ROVED by Governor J~ne 6, 1996 EFFECTIVE June 6, 1996