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Use of 1041 Regulations Case Study: Town of Silverthorne

Case Study: Town of Silverthorne

Population: 4,117 (U.S. Census Bureau, 2015)

Location: 67 miles west of Denver along I-70 in Summit County

1041 Designations:

  • Site Selection/Construction of Major New or Expanded Domestic Water Treatment Systems
  • Efficient Utilization of Municipal/Industrial Water Projects

Year of 1041 Adoption: 2005 
Number of Permits Approved since 2005: 0

Aerial view of the Town of Silverthorne

1041 Story

Silverthorne sits north of I-70 near the towns of Frisco and Dillon. The town attracts tourists rear-round to its outlet mall and because of its proximity to several ski resorts and natural areas. It is surrounded by U.S. Forest Service land and sits below Dillon Reservoir, Denver Water’s “largest water storage facility” (Town of Frisco, n.d.). In the early 2000s, Silverthorne heard of a potential transmountain water diversion project aiming to bring more water into Dillon Reservoir. Silverthorne was concerned that new water pipelines would need to come through their town and go through private property. Silverthorne wanted to control the construction and placement of any new water pipelines and adopted 1041s for that purpose.

Developing and Implementing their 1041s

Silverthorne’s 1041s were drafted and developed by the town attorney and adopted by the town council under their municipal code.

Some Key Features of Silverthorne’s 1041s

Silverthorne’s 1041s go far beyond the minimum statutory criteria, requiring from all applicants an environmental impact analysis, socioeconomic impact analysis, and mitigation plan, amongst other documents. Additional submittal requirements are described for both 1041 designations. The criteria for approval is also expansive, and aimed at preventing adverse impacts to their land use patterns, economy, the use and enjoyment of outdoor recreational areas, and air and water quality, amongst others. Permit approval hinges on whether the benefits of the project outweigh any losses the town might experience.

Effectiveness of the 1041s for Regulating Development

Silverthorne needed a means to control the construction of any new water pipelines feeding into Dillon Reservoir and 1041s were the best tool for that objective. While Silverthorne has not yet had any applications since they adopted their 1041s, the regulations are in effect when or if they are needed.

Advice | Tips | Strategies for Adopting 1041s from Silverthorne

Select the areas and activities for designation based on the needs of your community and the development pressures being faced. Adopt the areas and activities that are best suited to addressing your needs. Do not designate an area or activity that is not needed.

Takeaways

The construction of new pipelines through Silverthorne could have a significant impact on the town, its residents, and its continuing prosperity. Without 1041s, Silverthorne would be unable to control where new pipelines or other attendant structures would be placed or how they might adversely impact their residents. This concerned Silverthorne because of the potential significant impact to private property, over which they would have less control without 1041s. With their 1041s, Silverthorne will be included in any negotiations between private property owners and water providers should the latter decide to expand their water systems.

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