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The City may provide by agreement for the use of City reservoirs by the Colorado Division of Wildlife for the division's spawn taking and fish propagation management practices. Persons entering upon watershed areas of the City or taking fish from reservoirs of the City pursuant to any agreement shall not be subject to the prohibitions against the activities set out in this part. (Ord. 98-173; Ord. 01-42)
It shall be the duty of a Utility Enforcement Officer to enforce the provisions of this article and other City ordinances, the laws of the State of Colorado and/or the rules and regulations promulgated by the Chief Executive Officer concerning the use of watershed areas of the City. A Utility Enforcement Officer is authorized to issue summons and complaints for any unlawful act occurring within the watershed areas of the City. A Utility Enforcement Officer shall also have the power to arrest and detain persons in the watershed areas of the City where the persons are found in the act of violating any law or ordinance, or aiding or abetting the violations. (Ord. 98-173; Ord. 01-42; Ord. 18-42)
Consent is hereby given by the City Council to the inclusion of the City within the boundaries of the southeastern Colorado water conservancy district and to taxation in and by the district pursuant to the statutes in the case made and provided, and that the proper officers of the City are hereby authorized and directed to execute the documents as may be required therefor. The judicial decree authorizing and adjudging the formation and incorporation of the southeastern Colorado water conservancy district shall include a provision that in the event the transmountain water diversion program known as the frying pan- Arkansas project is not authorized, approved and constructed as a water and power resources services project and the City should not approve or desire to participate in any other program or project for the diversion and use of water by the district, the City at its request shall be excluded from the conservancy district upon the payment of assessments due and payable by the City. (Ord. 98-173; Ord. 01-42)
A. It is recognized that ground water from any of the Dawson, Denver, Arapahoe, Laramie, Fox Hills, and/or Dakota aquifers has been or may in the future be determined to underlie certain lands located within the boundaries of the Colorado Springs water service area.
B. The City is the principal provider of water service to landowners within its water service area boundaries.
C. Water service is reasonably available, on a "First-Come, First-Serve" basis, from the Utilities for all lands located within the City's water service area.
D. For the health, safety, comfort, welfare, and benefit of its inhabitants, the City deems it necessary, in the pursuance of its recognized obligations, to provide for a Municipal water system to meet the needs of its citizenry, as well as others incorporated into the system.
E. Future availability of water from the Dawson, Denver, Arapahoe, Laramie, Fox Hills, and/or Dakota aquifers, may assist the City in providing an additional supply of water for the purposes, as well as allowing for future economic growth in an orderly manner.
F. To avoid interference with the water supply to or water rights of any wells which the City now operates or may in the future construct in the aquifers, and to any other water rights decreed to or owned by the City, which interference would be detrimental to the health, safety and welfare of the citizens of Colorado Springs and other persons incorporated into the City's water supply system, the City deems it necessary to prohibit the drilling of wells into the aquifers within the boundaries of the City in a manner inconsistent with this section. The City exercises its statutory and home rule authority as provided in Colorado Revised Statutes section 37-90-137(8). (Ord. 98-173; Ord. 01-42)
Pursuant to the authority granted to the City under Colorado Revised Statutes section 37-90-137, and subject to the exceptions noted herein, the City hereby asserts the exclusive right to withdraw for beneficial use all ground water from the Dawson, Denver, Arapahoe, Laramie-Fox Hills, and Dakota aquifers which underlies any and all land within the City's existing water service area boundary as of January 1, 1985, and declares that all affected landowners not subject to the exceptions listed below do hereby consent to any and all the future withdrawals as may be deemed to be in the public's best interest, the determination to be made by the Chief Executive Officer in accord with his/her responsibilities outlined in Utilities administrative regulations. (Ord. 98-173; Ord. 01-42; Ord. 18-42)
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