7-50-20 Water Supply and Distribution Systems

(b) New Water Rights

1. If a proposed activity or development is not required to connect to a public water system pursuant to subsection (d) below and proposes to rely upon use of newly appropriated water rights or the change of existing water rights, adequate evidence of water rights availability shall be required. Such evidence shall demonstrate adequate water rights to meet needs for domestic water, irrigation water as applicable, and water for fire protection purposes.
2. The “Capitol Creek and Snowmass Creek” and “Crystal River and West Sopris Creek” Hydrologic Systems analysis Study Area Maps are hereby adopted. Regardless of whether a property is located in a subdivision or is a metes and bounds parcel, all applicants for building permits for dwellings shall be required to show proof of adequate water supply (in terms of both quantity and availability) for domestic and fire protection purposes, and for irrigation purposes, if applicable. Such evidence may include a well permit and pump test. In any area of the County with mapped surface or groundwater depletion/recharge issues as shown on the adopted Pitkin County Hydrologic Systems Analysis Study Area Maps, the County may require an applicant to provide additional information (e.g., a hydrogeologic analysis, pumping data from nearby wells) sufficient to demonstrate the adequacy of the property’s water supply.
3. In all cases, at the time of conceptual submission application for a subdivision or application for a subdivision exemption for fully developed lands or separation of substandard size lots, proof of adequate water rights (in the form of a final judgment and decree of water rights, including a final augmentation plan, if required, from an appropriate Water Court) shall be required.

(c) Adequate Water Provision

1. Community and Non-Community Public Water Systems
   • Public water systems (as defined in C.R.S. 25-1.5-201(1)), whether a community water system or a non-community water system (as such terms are defined in 5 C.C.R. 1003-1), shall comply with all regulations and permitting requirements for such systems established by the Colorado Department of Public Health and Environment and the Colorado Division of Water Resources (State Engineer).
     • (a) For new public water systems, the following must also be demonstrated to the satisfaction of the County before approval of the development:
       1. That there is no existing public water system that will provide the service;
       2. Current ownership of, or the legal right of acquisition or use of, existing decreed water rights sufficient in quantity and dependability (including pressure) to serve the proposed use;
       3. Legal capability to accomplish any changes in the uses or points of diversion of such water rights, while maintaining the quantity and dependability necessary to serve the proposed use, without material injury to vested water rights;
       4. Adequate physical facilities, or the necessary financial and technical resources and legal commitment to construct such facilities for raw water storage, water treatment, treated water storage, distribution, and water pressure maintenance adequate to serve the proposed use; and
       5. The financial resources, or the legal commitment for the financial resources necessary to extend such service to the proposed development, and to adequately maintain and operate the system on a long-term basis.
2. Connection to Public Systems
   • If the property line of a development is located within a one-half mile (2,640 feet) radius of a public water system's service area, the County may require information for analysis of the environmental impacts of connecting to the public system versus use of an individual well(s) or other water source. Based upon the results of such analysis, the County may require that development connect to a public system if service is available, or that water be provided from a source other than the public system. In the event that connection to a public system is pursued, documentary evidence of the water or utility district’s agreement to service the new development must be provided to Community Development Department prior to submission of any building permit application.