Storm Water Pollution Prevention
Purpose | Appropriation of Groundwater | Establishment of Alternate Water Supply Plan
Conveyance of Water Rights | Restrictions of Well Construction | Miscellaneous
TITLE 10
RULES AND REGULATIONS CONCERNING WATER RIGHTS TO, AND USE OF WATER FROM THE DAKOTA AQUIFER, IMPOSING AN ADDITIONAL REQUIREMENT FOR WATER SERVICE, AND REGULATING THE DRILLING OF WELLS INTO SAID AQUIFER
ARTICLE 1. PURPOSE
10.1.1 Necessity. The District deems it necessary in the pursuance of its statutory obligations to provide for a District water system for the needs, health, safety, comfort, welfare, and benefit of its inhabitants, and to provide a sufficient supply of water for the said purposes as well as to allow future economic growth of the District and provide a sufficient supply of water for fire-fighting purposes, to use water from the underground aquifer known as the "Dakota Aquifer," a distinct and recognized geologic formation which hereinafter is referred to as the "Aquifer."
10.1.2 Statutory Limitation. Colorado Revised Statute 37- 90-137(4) places a limit upon the amount of water which may be pumped by the District form the well and said aquifer in terms of the quantity of water underlying land owned either by the District or by persons who have consented to withdrawal of ground water pursuant to said statute.
10.1.3 Drilling Prohibition. To avoid interference with the water supply to or water rights of wells which the District has constructed or intends to construct in said aquifer, which interference would be detrimental to the health, safety and welfare of the citizens of the District, the District deems it necessary to prohibit the drilling of wells into said Aquifer within the boundaries of the District except as provided in this Title 10 of the District Rules and Regulations.
ARTICLE 2. APPROPRIATION OF GROUNDWATER
10.2.1 Appropriation. The District hereby claims and appropriates and incorporates into its Plan of Service, for the purpose of providing water service to its inhabitants and customers of its water system, all right, title and interest in and to groundwater and water rights in the Dakota Aquifer underlying all lands within the boundaries of the District, as those boundaries existed on January 1, 1985.
10.2.2 Limitations. This Title 10 does not apply to the following lands or groundwater in the said Aquifer:
a. Lands outside the boundaries of the District as of January 1, 1985.
b. Any lands or groundwater as to which the groundwater has been conveyed or reserved or consent to use such groundwater has been given or reserved to anyone other than the District, by a writing executed prior to January 1, 1985, and recorded in the records of Pueblo County prior to August 31, 1985.
c. Any groundwater which has been decreed or permitted to anyone other than the District prior to the effective date hereof.
d. Any lands not being served by the District as of the effective date hereof, and the groundwater underlying such land is the subject of an application for determination of a right to use groundwater filed in the Water Court prior to July 1, 1985.
ARTICLE 3. ESTABLISHMENT OF A PLAN FOR ALTERNATE WATER SUPPLY FOR OWNERS
10.3.1 Plan. As to any lands within the District's boundaries as of January 1, 1985, for which water service from the District is not reasonably available, the following plan is established to allow the owner thereof to obtain an alternative water supply:
a. The owner of such land shall have requested water service from the District, and complied with all Rules and Regulations of the District, but the District shall have reasonably determined that it is unable to provide water service to such lands;
b. Upon making such determination, the District shall be deemed to have consented to withdrawal of groundwater in said aquifer by such landowner;
c. All wells, pipes and other water facilities on such lands shall conform to the District's design standards and rules and regulations, and shall be subject to approval by the District's engineers, which approval shall not be unreasonably withheld;
d. At such time as the District is reasonably able to provide water service to such lands, it may require connection of all water facilities on such lands to the District's water facilities.
ARTICLE 4. CONVEYANCE OF WATER RIGHTS.
10.4.1 Any person who applies for water service from the District's water system or for inclusion into the District shall, as part of the application and as part of the consideration thereof, tender to the District a properly executed deed conveying to the District the water and water rights in said aquifer, underlying the lands to which service is requested or subject to such inclusion petition, and warranting that such water, water rights or the consent to use or withdraw such groundwater underlying such lands have not been conveyed to other persons. (See Appendix D.)
ARTICLE 5. RESTRICTION OF WELL CONSTRUCTION.
10.5.1 No person may construct a well in the said aquifer upon lands subject to this Title 10, or withdraw groundwater subject to the Rule and Regulation, except in conformity with Article 3 hereof.
ARTICLE 6. MISCELLANEOUS.
10.6.1 Map. Upon final adoption hereof, the District Manager shall file with the State Engineer a detailed map of the land area as to which consent is deemed to have been given hereunder.
10.6.2 Severability. If any section, subsection, sentence, clause or phrase of this Rule and Regulation is for any reason held to be unconstitutional or contrary to statute, this shall not affect the validity of the remainder of this Rule and Regulation.
10.6.3 Publication. This Title 10, substantially in the form which appears herein above, was published once a week for three successive weeks in the Pueblo Chieftain prior to approval hereof, pursuant to resolution of the Board of Directors on August 27, 1985.
