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HomeMy WebLinkAboutOWTS Auxiliary BuildingCOLORADO Ðivision of Water Resou¡ces Department of Natural Resources 1313 Sherman Street, Room 821 Denver, CO 80203 Guideline 2O16-1 CONCERNING WATER SUPPLIES FOR AUXILIARY LIVING SPACES Purpose: This document provides guidance regarding the avaitabitity of a [ega[ water suppty for attached or detached auxitiary living spaces, which may inctude anything from a bathroom inside a garage or barn to a fu[[y independent dwetling, and whether the auxiliary living space may be considered part of the main singte-family residence for the purposes of wetl permitting. Cotorado counties have varying names for auxiliary living spaces, including accessory buildings, accessory structures, accessory dwetting units ("ADUs"), secondary dwetting units ("SDUs"), guest houses, and more. This document is intended to encompass and provide guidance regarding atl of these types of buitdings, or portions of the main buitding, which wi[[ cottectivety be referred to in this document as "Auxitiary Living Spaces". Guideline: Water Supptv from a Water District For those cases where the water supply is provided by a municipal or quasi-municipat water district, as [ong as the water provider operates within the terms and conditions of its water rights and decrees, the State Engineer's Office woutd have no objection to the water provider servicing the subject property, including the Auxiliary Living Space. Water Supptv from a Wet[ Generatty, wetl permits are issued with a limit on the number of singte-famity dwettings that can be served by the wett. Therefore, the State Engineer's Office must consider if the Auxiliary Living Space is a separate single-famity dwetting or an extension of the main single- family dwetling. State Eneineer's Office Determination of what Constitutes a Sinete-Famitv Dwetlins The State Engineer's Office woutd consider the Auxiliary Living Space to be an extension of the main residence if it is able to meet atl of the fottowing criteria: 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.8éó.358f www.water.state.co.us John W. Hickenlooper, Governor I Robert Randatt, Executive Director I Dick Wotfe, State Engineer a a o Guidetine 2016-1 Page 2 of 3 The Auxitiary Living Space wilt not be rented, leased, or otherwise permanentty occupied by a party other than a member of the famity that would otherwise [ive in the main singte-famity dwetting. An Auxitiary Living Space occupied by those providing a service on the site in exchange for their residency, such as by a nanny or caretaker in exchange for services would be considered a second singte-famity dwetting. The Auxitiary Living Space wit[ not use water for non-residential purposes such as businesses, manufacturing, or a facitity providing restrooms for customer or public access, etc. (Ptease refer to item 2 of State Engineer Policy 2011-3 for information regarding commerciat activities that may be conducted on the property inctuding allowances and limitations for home offices.) For Auxitiary Living Spaces that are separated from the main living area and that have an independent entry, the space does not contain kitchen facilities, which the State Engineer's Office considers enabling an independent living area. Based upon a review of current Cotorado county zoning regulations, an Auxiliary Living Space is considered by the State Engineer's Office to have kitchen facitities if it has either:o a stove or oven or a240-Y etectric hookup or equivatent gas piping for cooking facitities; or o a refrigerator more than 6 cubic feet in size. A wet bar with a sink and a refrigerator no more than 6 cubic feet in size is acceptabte. lf the Auxitiary Living Space meets atl the criteria above it woutd be considered by the State Engineer's Office to be an extension of the main residence and a wetl permitted to serve only one single-famity dwetling may [ega[[y suppty both the main residence and the Auxitiary Living Space. No changes or amendments to the permit are required. lf the Auxitiary Living Space does not meet atl of the criteria above it woutd be considered by the State Engineer's Office to constitute a singte-famity dwetting and a we[[ permit must attow for use in two (or more) singte-famity dwettings, one for the main residence and one for each Auxitiary Living Space. Additional lnformation : A wett permitted pursuant to Section 37-92-602 (3XbXllXA), C.R.S., as the only we[[ on a parcel of 35 acres or more may be permitted for uses that inctude ordinary househotd purposes inside up to three single-famity dwettings, one of which coutd be the Auxiliary Living Space, which is considered by the State Engineer to constitute a singte-famity dwetting. lf the permit is issued as the onty wetl on a 35+ acre parcet, but the permit conditions do not specificalty identify the number of dweltings that can be served, it may be possible to amend this type of permit to specify that up to three singte-famity dwettings can be served pursuant to State Engineer Poticy 93-4. A wett on a parce[ of less than 35 acres, which is permitted for ordinary household use inside one singte-famity dwetting, coutd typicatty onty be re-permitted for use inside two single- famity dwettings pursuant to a decreed ptan for augmentation. Simitarly, a wett first put to use prior to May 8, 1972 for "domestic" purposes that historicatty (before May 8, 1972) only 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.8óó.3581 www.water.state.co.us John W. Hickenlooper, Governor I Robert Randatl, Executive Director I Dick Wolfe, State Engineer Guidetine 2016-1 Page 3 of 3 served one single-family dwelting coutd typically only be expanded to allow for use inside two singte-famity dweltings pursuant to a decreed ptan for augmentation. For a residentiat we[[ located within a Designated Ground Water Basin that is permitted pursuant to Section 37-90-105, C.R.S., if the wett is on a parcel of land that quatifies for a well permit that may supply more than one single-famity dwelling, one of the dweltings could be the Auxitiary Living Space. lf the wetl is on a parcel that onty qualifies for a permit to serve one singte-famity dwetting, the well coutd typicatty onty be re-permitted for use inside two singte-famity dwetlings pursuant to a replacement ptan approved by the Ground Water Commission. Questions regarding whether a specific parcel woutd quatify for a wetl permit that atlows for more than one single-family dwelting should be referred to Ground Water Commission staff. For a wetl first put to use prior to May 8, 1972 for "domestic" purposes that historicatty (before May 8, 1972) onty served one singte-famity dwelting, this welt could typicalty only be expanded to attow for use inside two singte-family dwettings pursuant to a replacement plan approved by the Ground Water Commission. lf the wetl is tocated within the Denver Basin or a river basin that is not over-appropriated, it may be possible to obtain a permit attowing for the use of the wett in an additiona[ singte- famity dwelling. lf the existing we[[ is permitted for "ordinary household use inside one singte-family dwetling" and is already included in a decreed ptan for augmentation or reptacement ptan approved by the Ground Water Commission, the terms and conditions of the decree or replacement plan will determine if a new permit coutd be issued attowing for use in an additional singte-famity dwetting. lf the decree or reptacement ptan expl,icitl.y states that the use of each well permitted pursuant to the augmentation ptan is timited to serving one single-famity dwelling, then a new or amended augmentation plan or replacement plan would need to be obtained to altow for use in a second singte-famity dwelting. lf the State Engineer's Office has previously provided written comments regarding a specific proposat that conftict with the positions taken in this Guideline, the written comments witt be honored. Customers should contact the Division of Water Resources at 303-8ó6-3581 if they have any questions. Approved Date: ¿¿lL lfe, P.E. Di rector/ State Engineer 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.8óó.3581 www.water.state.co.us John W. Hickentooper, Governor I Robert Randatt, Executive Director I Dick Wotfe, State Engineer Scott DeWind Subject:FW:6283 County Road 100 From: Carla Ostberg <carla.ostberg@gmail.com> Sent: Thursday, September L4,2O23 2:43 PM To: Scott DeWind <scott@compasscm.co> Subject: Re: 6283 County Road L00 3. Auxiliary Buildings a. If a single-family home has an auxiliary building, such as a non-commerc¡al shop with plumbing fixtures, the flow may be conveyed to the OWTS of the home, or to a separate OWTS constructed to handle the flow from the auxiliary facility. b. If the flow from the auxiliary building is only generated by residents of the home, it will be assumed that the OWTS for the home will be adequately sized to include the auxiliary building if the flows are combined. c. If the auxiliary building will have users in addition to residents and the flow from the auxiliary building will flow to the OWTS of the home, the design flow of the home must include the increased use. d. If the auxiliary building has a separate OWTS, the facility must be sized on the basis of Table 6-2 and a septic tank detention time of 48 hours. Carla Ostberg CBO Septic Consulting 97o.3o9.5259 OfEce 98r Cowen Drive, B-7 Carbondale, CO 816z8 Mailing rz9 Cains Lane Carbondale, CO 81623 1