Article 1. General and Introductory Provisions  

3.101.   Designation of Activity of State Interest

The "Efficient Utilization of Municipal and Industrial Water Projects" is a designated matter of state and local interest in El Paso County as an activity of state interest. No person may engage in development, including construction, expansion, reoperation, or other significant change in use of a municipal and/or industrial water project wholly or partially within unincorporated El Paso County without first obtaining a permit pursuant to these Regulations.

3.102.   Purpose and Intent

The purpose and intent of this Chapter shall be:

(1)

To protect the public health, safety, convenience, order, property and welfare of present and future inhabitants of El Paso County and the State of Colorado.

(2)

To ensure planned, orderly, efficient and economical land use development.

(3)

To provide for the needs of agriculture, existing businesses, residential communities, and recreation now and in the future in El Paso County and adjacent communities which are integral to the economy of El Paso County.

(4)

To ensure that municipal and industrial water projects are located to avoid conflict with County land use plans.

(5)

To regulate municipal and industrial water projects that could cause extensive water and air pollution or that would otherwise degrade or threaten environmental quality within the County or the beauty of its landscape and the integrity of its waterways, rivers and creeks.

(6)

To ensure that municipal and industrial water projects emphasize the most efficient use of water, including to the extent permissible under existing law, and when appropriate, the recycling, reuse, and conservation of water.

(7)

To ensure that new municipal and industrial water be concentrated in areas which would result in the proper utilization of existing treatment plants and the orderly distribution of water and sewage systems of adjacent communities.

(8)

To ensure that major extensions of municipal and industrial water systems be permitted only in areas in which the anticipated growth and development that may occur as a result of such extensions can be accomplished within the financial and environmental capacity of the area to sustain such growth and development.

(9)

To protect lands from development which would cause immediate or foreseeable material danger to significant wildlife habitat or threaten or endanger a wildlife species.

(10)

To preserve areas of historical and archaeological importance.

(11)

To regulate location of activities and developments which may result in significant changes in population density.

(12)

To provide for planned development of services and facilities.

(13)

To regulate use of land and water resources on the basis of impact thereof on the community or surrounding areas, including existing and proposed development.

(14)

To provide planned and orderly use of land and water resources and protection of the environment in a manner consistent with constitutional rights and private property rights.

(15)

To ensure that new development will pay for itself to the maximum extent practicable and to ensure that the present residents of El Paso County will not have to unduly subsidize new development through increased cost of public services or degradation of the quality of life.

3.103.   Definitions

(1)

Efficient utilization of water: The employment of methods, procedures, techniques and controls to encourage use of water that will yield the greatest possible benefits including social, economic, environmental, aesthetic, agricultural, commercial and recreational benefits, and that will promote, where feasible and appropriate, the conservation of water in particular uses, and that emphasizes, to the extent permissible under law, the recycling and reuse of water.

(2)

Industrial: Any development of natural resources, business or trade, commercial activity, processing, fabrication, alteration or manufacture of raw or semi-processed materials, manufactured goods or any components thereof, and commercial feedlots. "Industrial" includes the provision of water directly or indirectly by a private entity or individual for domestic, municipal or industrial uses. "Industrial" does not include agricultural crop production or livestock watering.

(3)

Municipal and industrial water project: A water supply system and all related components through which a water supply from either surface or subsurface, alluvial or groundwater, renewable or non-renewable sources is derived for municipal or industrial uses or both. A water supply system includes wells, diversion facilities, pumps, conduits, canals, pipes, ditches, storage tanks, reservoirs or other impoundments, through which a water supply is obtained directly or by trade, substitution, augmentation or exchange, and also includes those components for returning unconsumed flows back to the stream system. The filing of an application in court or with the Colorado Ground Water Commission to adjudicate the use of water and obtaining a decree or determination, in and of itself, shall not constitute the development of a water project.

(4)

Municipal use: use of water by the general public whether supplied by a municipality or by private or special district providers.

(5)

Project or proposed project: The site selection, construction, development, operation, reoperation, enlargement or expansion, conversion of an existing facility or structure to a municipal or industrial use, or material change of a development proposed under these Regulations throughout its life cycle including all ancillary structures, facilities, improvements, and activities, and all integrated components thereof. If a project is to be phased over time or is composed of distinguishable elements, the impacts of all phases or elements of the Project must be considered together when reviewing the project hereunder and determining if it satisfies these Regulations.

(6)

Recycling: the treatment of wastewater in a manner that will replenish its quality to the standard established by the Colorado Department of Public Health and Environment where permissible by Colorado water law.

(7)

Source development area: a geographic area or region wholly or partially within the unincorporated territory of the County which will be developed, altered, or affected in connection with the development of a municipal or industrial water project.