Since the Colorado River Floodway has, under flood conditions, proven to be an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply to the Colorado River Floodway, in addition to the basic requirements of §§ 151-16 through 151-24.
(A) Encroachments, including fill, new construction, substantial improvements, and other development are prohibited. Necessary river control, water conservation, power, water quality structures and related works, and improvements and alterations to approved structures associated with allowed uses of the floodway under § 151-28(B) are excluded from this prohibition if they follow the NFIP Floodway Revision process described in the Code of Federal Regulations at 44CFR 65.12 for a conditional letter of map revision and the proposed project is reviewed and concurred with by the Bureau of Reclamation and approved by the community. Within six months of the completion of the approved project, the as-built data for the project must be submitted for a letter of map revision to assure the accurate depiction of the Colorado River Floodway on the FIRM.
(B) Allowed uses of the floodway may include functions and uses that serve the public interest, that are compatible with the floodway operation, and that will not cause a rise in the Colorado River base flood elevation. These may include river control, water conservation and diversion, power and water quality structures and related works; remedial or corrective actions including, but not limited to, drainage facilities to assist in controlling adjacent high ground water conditions caused by flood flows; public and tribal roads; military activities; fish and wildlife enhancement projects; navigational aids; emergency action assistance; public health assistance; compatible public, private and tribal recreational developments such as parks, golf courses, docks and boat launching ramps; and compatible agricultural uses that do not include permanent crops which would constitute an obstruction to river flood flows.
(C) The FPA shall require permits for proposed development that is allowed by § 151-30(A). The proposed development must be reviewed and concurred with by the Bureau of Reclamation to assure compatibility with the floodway operation prior to approval of the permit(s).
(Ord. O-2006-53, passed 8-16-06)