Douglas County Water Commission advances 2050 Water Plan with controversial groundwater prohibition

Douglas County Water Commission advances 2050 Water Plan with controversial groundwater prohibitionIn a divided vote, commissioners amended the draft master plan to recommend the county explicitly prohibit new urban developments from relying solely on the shallow Denver and Dawson aquifers to protect rural well owners.

The commission voted 5-4 to change draft language from "discourage" to "prohibit" regarding urban-level development on non-renewable groundwater.

Proponents argued that centralized water systems should be forced to utilize deeper aquifers or renewable sources to protect rural users on shallow wells.

Opponents warned that an outright prohibition could trigger constitutional challenges and violate private property rights tied to land ownership.

The 2050 Comprehensive Water Plan was unanimously recommended for formal county adoption following an 18-month drafting process.

The Douglas County Water Commission has finalized its 2050 Comprehensive Water Plan, advancing the document to the Board of County Commissioners following a contentious debate over groundwater regulations. During the August 24 meeting, the commission voted 5-4 to amend the plan's executive summary and policy recommendations, taking a hardline stance against new urban-level developments relying exclusively on non-renewable groundwater. The debate centered on whether the county should "discourage" or "prohibit" developers from using the shallow Denver and Dawson aquifers to support high-density projects. Commissioner Clark Hammelman initiated the push for stricter language, arguing that the commission's formal position should be to disallow the practice entirely. Supporters of the prohibition, including Commissioner Harold Smetheles, argued that large, centralized water districts have the financial capacity to drill into deeper aquifers. By forcing urban developments to bypass the shallow Denver and Dawson aquifers, the county can protect the water supply for rural residents who rely on shallow private wells. However, the proposed ban faced strong pushback over legal and constitutional concerns. Commissioner James Eklund warned that a categorical prohibition on a landowner's right to use underlying Denver Basin groundwater could constitute an illegal taking. "I don't think you get to have it both ways. You can't tell people that you're going to prohibit them drilling a well under their own private property," Eklund said. Commissioner Roger Hudson echoed these concerns, stating a preference for the original "discourage" language to protect private property rights. Addressing the legal ambiguity, Chris Pratt of the County Attorney's Office clarified that the water plan itself does not enact a legal ban. Instead, it serves as a formal policy recommendation to the Board of County Commissioners. If the board adopts the recommendation, it would then determine how to implement the restriction legally, likely through zoning amendments and land-use controls, as noted by Commissioner Tricia Bernhardt. Following the 5-4 vote to include the "prohibit" language, the commission voted unanimously to forward the finalized 2050 Water Plan for adoption. According to county staff member Lauren Pulver, the document is designed to satisfy a new Colorado statute requiring comprehensive master plans to include a dedicated water supply element. The plan will now move to the county planning commission and the Board of County Commissioners for final approval.