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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)
No consent to withdraw ground water referred to in section 12.4.1002 of this part shall be deemed to be given by the overlying landowner with respect to specific, delineated portions of the overlying land if:
A. The landowner can demonstrate, to the satisfaction of the Chief Executive Officer, service to the portion of the land is not reasonably available from the Utilities, in accord with the provisions of this article and/or chapter 7 of this Code, and no plan has been established by Utilities which would allow the landowner to obtain an alternative water supply;
B. Prior to January 1, 1985, the ground water was conveyed or reserved or consent to use the ground water was given or reserved in writing to anyone other than the City of Colorado Springs and the conveyance, reservation, or consent is properly recorded prior to August 31, 1985;
C. Consent to use the ground water has been given to anyone other than the City of Colorado Springs by the lawful effect of an ordinance adopted by City Council, provided the ordinance or resolution was adopted prior to January 1, 1985;
D. The ground water has been decreed or permitted to anyone other than the City of Colorado Springs prior to the effective date hereof; or
E. The portion of the land is not being served by Utilities as of August 25, 1985, and the ground water is the subject of an application for determination of a right to use ground water filed in the water court prior to July 1, 1985, provided that the application is ultimately successful and the rights are decreed to the applicant. (Ord. 98-173; Ord. 01-42; Ord. 18-42)
PART 11 RECLAIMED WATER USE
SECTION:
12.4.1101: Purpose
12.4.1102: Applicability
12.4.1103: Definitions
12.4.1104: Authorization To Use Reclaimed Water
12.4.1105: Certification
12.4.1106: Conditions For Use Of Reclaimed Water
12.4.1107: Monitoring, Record Keeping And Reporting Requirements
12.4.1108: Admission To Property
12.4.1109: Noncompliance With Notice Of Authorization And This Part
Use of reclaimed water for landscape irrigation and other nonpotable purposes has long been practiced by the City of Colorado Springs and other municipalities as a means of reducing the demand on drinking water supply sources and storage. Providing such water is a service subject to availability of such water meeting appropriate quality, supply, delivery and use requirements. The State of Colorado has adopted laws and regulations that promote the use of reclaimed water while at the same time protecting public health, safety and welfare. The regulations are specifically contained in Colorado Water Quality Control Commission Regulation 84, "Reclaimed Water Control Regulation" 1 . The Colorado Reclaimed Water Control Regulation establishes requirements, prohibitions, standards and concentration limits for the use of reclaimed water for landscape irrigation and other nonpotable applications. This part sets forth the necessary requirements for implementation of the State regulation by users receiving reclaimed water service from the Utilities. (Ord. 00-205; Ord. 01-42; Ord. 07-60)
Notes
| 1 | 1. 5 CCR 1002-84. |
This part applies to the use of reclaimed water for landscape irrigation and approved industrial and commercial uses as provided in subsection 12.4.1104B of this part. This part also applies to and includes reclaimed water which has been blended with, or has the potential to contain, nonpotable water such as water diverted from streams, rivers, lakes or ground water. This part does not apply to landscape irrigation that uses, at all times, either untreated nonpotable water solely from ground water, or streams, rivers and lakes, or treated drinking water supply. This part does not apply to the use of reclaimed water for on site landscape irrigation by the wastewater treatment plant, agricultural uses, or wastewater that has been treated and released to State waters prior to subsequent use. (Ord. 00-205; Ord. 01-42; Ord. 07-60)
AGRONOMIC RATE: The rate of application of reclaimed water and associated nutrients to plants that is necessary to satisfy the plants' nutritional and watering requirements while strictly minimizing the amount of nutrients that run off to surface waters or which pass below the root zone of the plants.
APPROVED USES: Approved uses of reclaimed water in the Colorado Springs Utilities water service area are provided in subsection 12.4.1104B of this article.
COLORADO RECLAIMED WATER CONTROL REGULATION: The most recent version of Regulation 84 2 promulgated pursuant to the Colorado Water Quality Control Act. Its purpose is to establish requirements, prohibitions, standards and concentration limits on the use of reclaimed water to protect public health and the environment while encouraging the use of reclaimed water.
COLORADO WATER QUALITY CONTROL DIVISION (WQCD): A division of the Colorado Department of Public Health and Environment, headquartered in Denver, Colorado, which administers the Reclaimed Water Control Regulation.
COMMERCIAL RECLAIMED WATER USER: A person who uses reclaimed water in the operation of a business patronized by the public, or who provides services to the public.
INDUSTRIAL RECLAIMED WATER USER: A person who uses reclaimed water for industrial processes or in the construction process.
LANDSCAPE IRRIGATION: Irrigation of areas of grass, trees, and other vegetation that are accessible to the public including, but not limited to, parks, greenbelts, golf courses and common areas at apartments, townhouses, commercial/business parks, and other similar complexes.
LANDSCAPE IRRIGATION USER: A person who uses reclaimed water for the purpose of landscape irrigation.
NONPOTABLE DISTRIBUTION MAIN: That portion of the nonpotable system which transmits and distributes nonpotable water from treatment or storage facilities to the user's service connection.
NONPOTABLE WATER: Water that is not treated to potable drinking water standards and is not suitable, nor intended, for human consumption (drinking, washing, or culinary purposes), but is produced and delivered to users for irrigation and approved commercial and industrial uses. Nonpotable water includes treated wastewater (reclaimed water) and raw (untreated) ground water and surface water.
NOTICE OF AUTHORIZATION: A notice issued by the Colorado WQCD to treaters and reclaimed water users containing terms, limitations, and conditions as are deemed necessary by the Colorado WQCD, to ensure compliance with the Reclaimed Water Control Regulations.
RECLAIMED WATER: Wastewater that has received secondary treatment by a domestic wastewater treatment works and such additional treatment to enable the wastewater to meet the standards for approved uses.
RECLAIMED WATER USER: A person who uses reclaimed water for landscape irrigation, or commercial or industrial approved uses.
RESTRICTED ACCESS: Controlled and limited access to the areas where reclaimed water meeting Category 1 standards, as defined in section 84.7 of the Reclaimed Water Control Regulation, is used.
TREATER: A person who treats and provides reclaimed water to a user for the purposes of landscape irrigation, and commercial or industrial approved uses. In the City of Colorado Springs, the treater is Colorado Springs Utilities. The treater and the user may be the same entity.
UNRESTRICTED ACCESS: Uncontrolled access to the areas where reclaimed water meeting the Category 2 standards, as defined in section 84.7 of the Reclaimed Water Control Regulation, is used.
USER PLAN TO COMPLY: The information and documentation a reclaimed water user is required to submit to the treater that describes procedures and activities enabling the reclaimed water user to comply with the conditions for use of reclaimed water included in section 84.9 of the Reclaimed Water Control Regulation.
USER'S RECLAIMED WATER SYSTEM: The reclaimed water system piping, meter pit and appurtenances, as approved by the Utilities, that extends from the connection at the Utilities' nonpotable distribution main to the user's reclaimed water system. The user's reclaimed water system is not owned by the Utilities. (Ord. 00-205; Ord. 01-42; Ord. 07-60)
Notes
| 1 | |
| 2 | 2. 6 CCR 1001-84. |
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