29-20-303. Adequate water supply for development.

Statute text

(1) A local government shall not approve an application for a development permit unless it determines in its sole discretion, after considering the application and all of the information provided, that the applicant has satisfactorily demonstrated that the proposed water supply will be adequate. A local government shall make such determination only once during the development permit approval process unless the water demands or supply of the specific project for which the development permit is sought are materially changed. A local government shall have the discretion to determine the stage in the development permit approval process at which such determination is made.

(2) Nothing in this part 3 shall be construed to require that the applicant own or have acquired the proposed water supply or constructed the related infrastructure at the time of the application.

History

Source: L. 2008: Entire part added, p. 1560, 2, effective May 29.

Annotations

 

ANNOTATION

Annotations

"Development permit" as referenced in subsection (1) of this section includes the situation where an amount of water exceeding the threshold set forth in 29-20-103 (1)(b) is to be used for a different purpose. Hajek v. Bd. of County Comm'rs for Boulder, 2020 COA 28, 461 P.3d 665.

Because landowner's operation included "new water use", this section requires the board of county commissioners to consider whether the amount of water used exceeded the statutory threshold and thus whether the board had to review the application as a development permit under subsection (1). Because the board did not do so, it abused its discretion by approving landowner's application. Hajek v. Bd. of County Comm'rs for Boulder, 2020 COA 28, 461 P.3d 665.