Article 2. Permit Applications and Procedures

4.201.   Application Submission Requirements

In addition to the materials listed at Section 2.303, applications for a permit to locate or construct a major new domestic water or sewage treatment system and/or major extension thereof shall be accompanied by the following information, in the number required by the Director:

(1)

Preliminary review and comment on the proposal by the appropriate agency of the Colorado Department of Natural Resources and the Colorado Department of Public Health and Environment within sixty (60) days of the date of submittal of the proposal for review.

(2)

Scope of Proposal

(a)

Provide detailed plans of the proposal, including proposed system capacity and service area plans mapped at a scale acceptable to the Department.

(b)

Provide a description of all existing or approved proposed domestic water or sewage treatment systems within the Project area.

(c)

Describe the design capacity of each domestic water or sewage treatment system facility proposed and the distribution or collection network proposed in the Project area.

(d)

Describe the excess capacity of each treatment system and distribution or collection network in the affected community or Project area.

(e)

Provide an inventory of total commitments already made for current water or sewage services.

(f)

Describe the operational efficiency of each existing system in the Project area, including the age, state of repair and level of treatment.

(g)

Describe the existing water utilization, including the historic yield from rights and use by category such as agricultural, municipal and industrial supply obligations to other systems.

(3)

Demonstration of Need

(a)

Provide population trends for the Project area, including present population, population growth and growth rates, documenting the sources used.

(b)

Specify the predominant types of developments to be served by the proposed new water and/or sewage systems or extensions thereof.

(c)

Specify at what percentage of the design capacity the current system is now operating:

(i)

Water treatment system.

(ii)

Wastewater treatment system.

(d)

Specify whether present facilities can be upgraded to accommodate adequately the ten-year projected increase needed in treatment and/or hydraulic capacity.

(4)

Description of the water to be used by the Project and, to the extent identified by the Director in consultation with the applicant, alternatives, including: the source, amount, the quality of such water; the applicant's right to use the water, including adjudicated decrees or determinations and any substitute water supply plans, and applications for decrees or determinations; proposed points of diversion and changes in the points of diversion; the existing uses of the water; adequate proof that adequate water resources have been or can and will be committed to and retained for the Project, and that applicant can and will supply the Project with water of adequate quality, quantity, and dependability; and approval by the respective Designated Ground Water Management District if applicable. If an augmentation or replacement plan for the Project has been decreed or determined or an application for such plan has been filed in the court or with the Ground Water Commission, the applicant must submit a copy of that plan or application.

(5)

Loss of Agricultural Productivity

(a)

Information on any agricultural water rights in the region converted to provide water for the Project, now or in the future.

(b)

Information on the amount of irrigated agricultural lands taken out of production, and a description of revegetation plans.

(c)

Economic consequences of any loss of irrigated agriculture, including loss of tax base, in the region.

(d)

Information as to loss of wildlife habitat, loss of topsoil, or noxious weed invasion, as a result of the transfer of water rights and subsequent dry-up of lands.

(e)

Information on impacts to agricultural head gates and water delivery systems.

(6)

The financial impact analysis of site selection and construction of major new water and sewage treatment facilities and/or major extension of existing domestic water and sewage treatment systems shall include but need not be limited to the following items:

(a)

A review and summary of any existing engineering and/or financial feasibility studies, assessed taxable property valuations and all other matters of financial aid and resources in determining the feasibility of the proposed new facility, including:

(i)

Service area and/or boundaries.

(ii)

Applicable methods of transmitting, storing, treating and delivering water and collecting, transmitting, treating and discharging sewage, including effluent and/or sludge disposal.

(iii)

Estimated construction costs and period of construction of each new or extension facility component.

(iv)

Assessed valuation of the property to be included within the service area boundaries.

(v)

Revenues and operating expenses of the proposed new or extension facility, including but not limited to historical and estimated property taxation, service charges and rates, assessments, connection and tap fees, standby charges and all other anticipated revenues of the proposed new facility.

(vi)

Amount and security of the proposed debt and method and estimated cost of debt service.

(vii)

Provide the details of any substantial contract or agreement for revenues or for services to be paid, furnished or used by or with any person, association, corporation or governmental body.

4.202.   Review Criteria

A permit for the conduct of site selection and construction of major new domestic water and sewage treatment systems and/or major extension of existing domestic water and sewage treatment systems shall be approved if the Permit Authority, or in the case of an Administratively Approved Permit, the Director finds the application complies with the following criteria and the relevant criteria at Section 2.405. If the Permit Authority or the Director, as appropriate, finds that the application does not comply, the application shall be denied or may be approved with conditions:

(1)

There is sufficient existing and projected need to warrant and support the proposed Project.

(2)

New domestic water and sewage treatment systems or extensions shall be constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities.

(3)

Site selection and construction of major new water and sewage treatment facilities and/or major extensions of domestic water and sewage treatment systems will not create growth and development which is incompatible with and cannot be accommodated by the local financial capacity of the area or residents to be served.

(4)

Site selection and construction of major new water and sewage treatment facilities and/or major extensions of domestic sewage treatment systems will not overburden the existing systems and current and projected future demand for the service can be met within existing and proposed capacity.

(5)

The activity will not create proliferation of special districts, or overlapping of the boundaries of special districts.

(6)

The proposed activity is the best alternative available for the provision of water and/or sewer service to the geographical area affected by the proposal.

(7)

Economic impacts including, but not limited to, taxable property, agriculture, NPDES permitted facilities, and recreation related to the proposed activity have been identified and will be compensated for or mitigated.

(8)

To the extent feasible, wastewater and water treatment facilities shall be consolidated with existing facilities within the area. The determination of whether consolidation is feasible shall include but is not limited to the following considerations:

(a)

Whether there is an opportunity for consolidation.

(b)

The environmental, financial and social feasibility of consolidation.

(9)

The Project shall emphasize the most efficient use of water, including the recycling, reuse and conservation of water. The determination of whether the Project emphasizes the most efficient use of water may include but is not limited to the following considerations:

(a)

Whether the Project uses readily available conservation techniques.

(b)

Whether the Project recycles water to the greatest extent allowed by law.

(10)

The Project will not result in excess capacity in existing water or wastewater treatment services or create duplicate services. The determination of whether the Project will result in excess capacity or create duplicate services may include but is not limited to the following considerations:

(a)

Whether the Project creates overlapping or competing service areas.

(b)

Whether the Project differs significantly from the provider's facility plan.

(c)

Whether the Project impacts other water and wastewater permits.

(d)

Whether the activity will not create proliferation of special districts, or overlapping of the boundaries of special districts.