Council and Cypress come to water agreement in proposed subdivision

Fishing probably okay at river, but off-leash dogs?

By Mark Reaman

An agreement between the town of Crested Butte and the Cypress Foothills developers to provide water to the houses located next to Crested Butte but in the county continues to take shape. The Town Council on Monday approved a resolution outlining changes to the pre-annexation agreement between the two entities.

That move facilitates town water being provided to the 23 houses and their potential accessory dwellings. In exchange, the town will receive the first six Historical Consumptive Uses (HCUs) of the senior water right flowing down Coal Creek that was purchased by the developers. That water right is a very senior water right and is expected to “drought-proof” the town in perpetuity.

The developers agreed to adjust property line boundaries so that no individual owner would own any part of the wetlands on the property. That will keep building sites farther away from wetlands than is required by the county.

And the council was okay with a preliminary design of the entrance bridge to the subdivision over the river and with a public boat launch area that would be located near the road that leads to the subdivision.

Councilman Jim Schmidt wanted some assurance that the homeowners would not abuse the town water. He was told they would have to abide by town regulations and if not, the town could ultimately turn off the water to an individual property if the homeowner was not abiding by town watering regulations.

Schmidt also pushed the developers to plainly state what would or would not be permitted to the public at the river. He wanted to make sure people could utilize the bottom of the river even if owned by the subdivision homeowners association.

Cypress vice president Cameron Aderhold said details were planned to be discussed and negotiated with the town in the future after some of the concepts in the development came more into focus.

Schmidt pressed for specific details. Mayor Glenn Michel explained that the council wanted to make sure the river access was seen “as a true public benefit in all its awesomeness. Our expectation is that the town residents will be able to enjoy this without strict limitations.”

“Are dogs allowed?” asked Schmidt. “Will fishing be allowed?

“I can’t envision why Cypress wouldn’t allow fishing,” responded Cypress attorney Marcus Lock. “Cypress has no intent to say you can’t wade in and fish and step on the bottom of the river. As for dogs, that could potentially be problematic. There are wildlife concerns about off-leash dogs and the subdivision would have issues as well. Those are things still to be negotiated.”

The council liked the direction the development was headed and unanimously approved the changes to the pre-annexation agreement.