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Amendments
for HB08-1141 House Journal, February 20 Amend printed bill, strike everything below the enacting clause and 27 substitute the following: 28 29 "SECTION 1. 29-20-103 (1), Colorado Revised Statutes, is 30 amended to read: 31 32 29-20-103. Definitions. As used in this article, unless the context 33 otherwise requires: 34 35 (1) "Development permit" means any preliminary or final 36 approval of an application for rezoning, planned unit development, 37 conditional or special use permit, subdivision, development or site plan, 38 or similar application for new construction; EXCEPT THAT, FOR PURPOSES 39 OF PART 3 OF THIS ARTICLE, "DEVELOPMENT PERMIT" IS LIMITED TO THE 40 INITIAL APPLICATION REGARDING A SPECIFIC PROJECT THAT INCLUDES NEW 41 WATER USE FOR MORE THAN FIFTY SINGLE-FAMILY EQUIVALENTS OR LESS 42 AS DETERMINED BY THE LOCAL GOVERNMENT. 43 44 SECTION 2. Article 20 of title 29, Colorado Revised Statutes, is 45 amended BY THE ADDITION OF A NEW PART to read: 46 47 PART 3 48 49 ADEQUATE WATER SUPPLY 50 51 29-20-301. Legislative declaration. THE GENERAL ASSEMBLY 52 FINDS AND DECLARES THAT AN ADEQUATE SUPPLY OF WATER TO SERVE 53 LAND DEVELOPMENT IS A MATTER OF STATEWIDE CONCERN AND 54 NECESSARY FOR THE PRESERVATION OF PUBLIC HEALTH, SAFETY, AND 55 WELFARE AND THE ENVIRONMENT OF COLORADO. 56 Page 502 House Journal--43rd Day--February 20, 2008 1 29-20-302. Definitions. AS USED IN THIS PART 3, UNLESS THE CONTEXT OTHERWISE REQUIRES: 23 4 (1) "ADEQUATE" MEANS A WATER SUPPLY THAT IS SUFFICIENT FOR 5 BUILD-OUT OF THE PROPOSED DEVELOPMENT IN TERMS OF QUALITY, 6 QUANTITY, AND DEPENDABILITY TO PROVIDE A SUPPLY OF WATER FOR THE 7 TYPE OF DEVELOPMENT PROPOSED, AND MAY INCLUDE REASONABLE 8 CONSERVATION MEASURES AND WATER DEMAND MANAGEMENT MEASURES 9 TO ACCOUNT FOR HYDROLOGIC VARIABILITY. NOTHING IN THIS PART 3 10 SHALL BE CONSTRUED TO REQUIRE THAT THE PROPOSED WATER SUPPLY BE 11 SECURED AND FINALIZED AND ITS RELATED INFRASTRUCTURE BE 12 CONSTRUCTED AT THE TIME OF THE APPLICATION. 13 14 (2) "WATER SUPPLY ENTITY" MEANS A MUNICIPALITY, COUNTY, 15 SPECIAL DISTRICT, WATER CONSERVANCY DISTRICT, WATER 16 CONSERVATION DISTRICT, WATER AUTHORITY, OR OTHER PUBLIC OR 17 PRIVATE WATER SUPPLY COMPANY THAT SUPPLIES, DISTRIBUTES, OR 18 OTHERWISE PROVIDES WATER AT RETAIL. 19 20 29-20-303. Adequate water supply for development. A LOCAL 21 GOVERNMENT SHALL NOT APPROVE AN APPLICATION FOR A DEVELOPMENT 22 PERMIT UNLESS IT DETERMINES, AFTER CONSIDERING THE APPLICATION 23 AND ALL OF THE INFORMATION PROVIDED, THAT THE APPLICANT HAS 24 SATISFACTORILY DEMONSTRATED THAT THE PROPOSED WATER SUPPLY IS 25 ADEQUATE. 26 27 29-20-304. Water supply requirements. (1) EXCEPT AS 28 SPECIFIED IN SUBSECTIONS (2), (3), AND (4) OF THIS SECTION, AN 29 APPLICANT FOR A DEVELOPMENT PERMIT SHALL SUBMIT ESTIMATED 30 WATER SUPPLY REQUIREMENTS FOR THE PROPOSED DEVELOPMENT IN A 31 REPORT PREPARED BY A REGISTERED PROFESSIONAL ENGINEER OR WATER 32 SUPPLY EXPERT ACCEPTABLE TO THE LOCAL GOVERNMENT. THE REPORT 33 SHALL IDENTIFY ALL WATER NEEDS FOR THE PROPOSED DEVELOPMENT 34 THROUGH BUILD-OUT CONDITIONS AND THE PROPOSED PHYSICAL SOURCES 35 OF WATER SUPPLY. THE REPORT MAY INCLUDE IMPLEMENTATION OF 36 REASONABLE CONSERVATION MEASURES AND DRY-YEAR WATER DEMAND 37 MANAGEMENT MEASURES. 38 39 (2) IF THE DEVELOPMENT IS TO BE SERVED BY A WATER SUPPLY 40 ENTITY, THE LOCAL GOVERNMENT MAY ALLOW THE APPLICANT TO SUBMIT, 41 IN LIEU OF THE REPORT REQUIRED BY SUBSECTION (1) OF THIS SECTION, A 42 LETTER PREPARED BY A REGISTERED PROFESSIONAL ENGINEER OR BY A 43 WATER SUPPLY EXPERT FROM THE WATER SUPPLY ENTITY STATING THE 44 WATER SUPPLY ENTITY'S COMMITMENT AND ABILITY TO PROVIDE AN 45 ADEQUATE WATER SUPPLY FOR THE PROPOSED DEVELOPMENT. AT A 46 MINIMUM, THE LETTER SHALL INCLUDE: 47 48 (a) A DESCRIPTION OF THE PHYSICAL SOURCE OF SUPPLY THAT WILL 49 BE USED TO SERVE THE PROPOSED DEVELOPMENT; 50 51 (b) THE ESTIMATED WATER SUPPLY REQUIREMENTS FOR THE 52 PROPOSED DEVELOPMENT, AS DETERMINED IN CONSULTATION WITH THE 53 APPLICANT; 54 55 (c) THE CURRENT WATER DEMAND ON THE WATER SUPPLY ENTITY, 56 INCLUDING COMMITMENTS FOR SERVICE NOT YET SUPPLIED; House Journal--43rd Day--February 20, 2008 Page 503 1 (d) THE WATER CONSERVATION MEASURES THAT WILL BE IMPLEMENTED WITH RESPECT TO THE PROPOSED DEVELOPMENT; 23 4 (e) THE WATER DEMAND MANAGEMENT MEASURES THAT WILL BE IMPLEMENTED TO ADDRESS HYDROLOGIC VARIATIONS; AND 56 7 (f) SUCH OTHER INFORMATION AS MAY BE REQUIRED BY THE LOCAL GOVERNMENT. 89 10 (3) IN THE ALTERNATIVE, THE PERMITTING AUTHORITY MAY 11 DETERMINE THAT NO LETTER OR REPORT IDENTIFIED PURSUANT TO 12 SUBSECTIONS (1) AND (2) OF THIS SECTION SHALL BE REQUIRED FROM THE 13 APPLICANT IF WATER FOR THE PROPOSED DEVELOPMENT IS TO BE 14 PROVIDED BY A WATER SUPPLY ENTITY THAT HAS A WATER SUPPLY PLAN 15 THAT: 16 17 (a) HAS BEEN REVIEWED, UPDATED, AND APPROVED WITHIN THE 18 PREVIOUS TEN YEARS BY THE GOVERNING BOARD OF THE WATER SUPPLY 19 ENTITY; 20 21 (b) HAS A MINIMUM TWENTY-YEAR PLANNING HORIZON; 22 23 (c) INCLUDES WATER CONSERVATION MEASURES THAT MEET THE 24 REQUIREMENTS OF SECTION 37-60-126 (4); 25 26 (d) INCLUDES WATER DEMAND MANAGEMENT MEASURES THAT 27 WILL BE IMPLEMENTED TO ADDRESS HYDROLOGIC VARIATIONS; 28 29 (e) INCLUDES A PLAN FOR DROUGHT AND OTHER WATER SUPPLY 30 EMERGENCIES; 31 32 (f) INCLUDES A GENERAL DESCRIPTION OF THE WATER SUPPLY 33 ENTITY'S CURRENT WATER OBLIGATIONS; 34 35 (g) WAS DEVELOPED THROUGH A PROCESS THAT INCLUDED AN 36 OPPORTUNITY FOR PUBLIC COMMENT; AND 37 38 (h) IS ON FILE WITH THE LOCAL GOVERNMENT OR PERMITTING 39 AUTHORITY. 40 41 (4) NOTHING IN THIS SECTION SHALL BE REQUIRED OF AN 42 APPLICANT THAT HAS PAID TO A WATER SUPPLY ENTITY A FEE OR CHARGE 43 AS DETERMINED BY THE LOCAL GOVERNMENT FOR THE PURPOSE OF 44 ACQUIRING WATER FOR OR EXPANDING OR CONSTRUCTING THE 45 INFRASTRUCTURE TO SERVE THE PROPOSED DEVELOPMENT. 46 47 29-20-305. Determination of adequate water supply. (1) THE 48 LOCAL GOVERNMENT'S DETERMINATION AS TO WHETHER AN APPLICANT 49 HAS A WATER SUPPLY THAT IS ADEQUATE TO MEET THE WATER SUPPLY 50 REQUIREMENTS OF A PROPOSED DEVELOPMENT SHALL BE BASED ON 51 CONSIDERATION OF THE FOLLOWING INFORMATION: 52 53 (a) THE DOCUMENTATION REQUIRED BY SECTION 29-20-304; 54 55 (b) IF REQUESTED BY THE LOCAL GOVERNMENT, A LETTER FROM 56 THE STATE ENGINEER COMMENTING ON THE DOCUMENTATION REQUIRED Page 504 House Journal--43rd Day--February 20, 2008 PURSUANT TO SECTION 29-20-304; 12 3 (c) ANY OTHER INFORMATION DEEMED RELEVANT BY THE LOCAL 4 GOVERNMENT, IN ITS SOLE DISCRETION, TO DETERMINE WHETHER THE 5 WATER SUPPLY FOR THE PROPOSED DEVELOPMENT IS ADEQUATE, 6 INCLUDING, WITHOUT LIMITATION, ANY INFORMATION REQUIRED TO BE 7 SUBMITTED BY THE APPLICANT PURSUANT TO APPLICABLE LOCAL GOVERNMENT LAND USE REGULATIONS OR STATE STATUTES. 89 10 29-20-306. Liability. NEITHER THIS PART 3 NOR ANY ACTIONS 11 TAKEN BY A LOCAL GOVERNMENT OR THE STATE ENGINEER'S OFFICE 12 PURSUANT TO THIS PART 3 SHALL GIVE RISE TO LIABILITY ON THE PART OF 13 THE LOCAL GOVERNMENT OR STATE ENGINEER'S OFFICE. 14 15 SECTION 3. Applicability. This act shall apply to applications 16 for development permits submitted on or after the effective date of this 17 act. 18 19 SECTION 4. Safety clause. The general assembly hereby finds, 20 determines, and declares that this act is necessary for the immediate 21 preservation of the public peace, health, and safety.". House Journal, April 9 21 Amendment No. 1, by Representative Curry. 22 23 Strike the Local Government Committee Report, dated February 19, 24 2008, and substitute the following: 25 26 "Amend printed bill, strike everything below the enacting clause and 27 substitute the following: 28 29 "SECTION 1. 29-20-103 (1), Colorado Revised Statutes, is 30 amended to read: 31 32 29-20-103. Definitions. As used in this article, unless the context 33 otherwise requires: 34 35 (1) "Development permit" means any preliminary or final 36 approval of an application for rezoning, planned unit development, 37 conditional or special use permit, subdivision, development or site plan, 38 or similar application for new construction; EXCEPT THAT, FOR PURPOSES 39 OF PART 3 OF THIS ARTICLE, "DEVELOPMENT PERMIT" IS LIMITED TO AN 40 APPLICATION REGARDING A SPECIFIC PROJECT THAT INCLUDES NEW WATER 41 USE IN AN AMOUNT MORE THAN THAT USED BY FIFTY SINGLE-FAMILY 42 EQUIVALENTS, OR FEWER AS DETERMINED BY THE LOCAL GOVERNMENT. 43 44 SECTION 2. Article 20 of title 29, Colorado Revised Statutes, is 45 amended BY THE ADDITION OF A NEW PART to read: 46 347 PART 48 ADEQUATE WATER SUPPLY 49 50 29-20-301. Legislative declaration. (1) THE GENERAL 51 ASSEMBLY: 52 53 (a) FINDS THAT, DUE TO THE BROAD REGIONAL IMPACT THAT 54 SECURING AN ADEQUATE SUPPLY OF WATER TO SERVE PROPOSED LAND 55 DEVELOPMENT CAN HAVE BOTH WITHIN AND BETWEEN RIVER BASINS, IT IS 56 IMPERATIVE THAT LOCAL GOVERNMENTS BE PROVIDED WITH RELIABLE 1 INFORMATION CONCERNING THE ADEQUACY OF PROPOSED DEVELOPMENTS' 2 WATER SUPPLY TO INFORM LOCAL GOVERNMENTS IN THE EXERCISE OF 3 THEIR DISCRETION IN THE ISSUANCE OF DEVELOPMENT PERMITS; AND 4 5 (b) TO THAT END, DECLARES THAT WHILE LAND USE AND 6 DEVELOPMENT APPROVAL DECISIONS ARE MATTERS OF LOCAL CONCERN, 7 THE ENACTMENT OF THIS PART 3, TO HELP ENSURE THE ADEQUACY OF 8 WATER FOR NEW DEVELOPMENTS, IS A MATTER OF STATEWIDE CONCERN 9 AND NECESSARY FOR THE PRESERVATION OF PUBLIC HEALTH, SAFETY, AND 10 WELFARE AND THE ENVIRONMENT OF COLORADO. 11 12 29-20-302. Definitions. AS USED IN THIS PART 3, UNLESS THE 13 CONTEXT OTHERWISE REQUIRES: 14 15 (1) "ADEQUATE" MEANS A WATER SUPPLY THAT WILL BE 16 SUFFICIENT FOR BUILD-OUT OF THE PROPOSED DEVELOPMENT IN TERMS OF 17 QUALITY, QUANTITY, DEPENDABILITY, AND PHYSICAL AND LEGAL 18 AVAILABILITY TO PROVIDE A SUPPLY OF WATER FOR THE TYPE OF 19 DEVELOPMENT PROPOSED, AND MAY INCLUDE REASONABLE 20 CONSERVATION MEASURES AND WATER DEMAND MANAGEMENT MEASURES 21 TO ACCOUNT FOR HYDROLOGIC VARIABILITY. 22 23 (2) "WATER SUPPLY ENTITY" MEANS A MUNICIPALITY, COUNTY, 24 SPECIAL DISTRICT, WATER CONSERVANCY DISTRICT, WATER 25 CONSERVATION DISTRICT, WATER AUTHORITY, OR OTHER PUBLIC OR 26 PRIVATE WATER SUPPLY COMPANY THAT SUPPLIES, DISTRIBUTES, OR 27 OTHERWISE PROVIDES WATER AT RETAIL. 28 29 29-20-303. Adequate water supply for development. (1) A 30 LOCAL GOVERNMENT SHALL NOT APPROVE AN APPLICATION FOR A 31 DEVELOPMENT PERMIT UNLESS IT DETERMINES IN ITS SOLE DISCRETION, 32 AFTER CONSIDERING THE APPLICATION AND ALL OF THE INFORMATION 33 PROVIDED, THAT THE APPLICANT HAS SATISFACTORILY DEMONSTRATED 34 THAT THE PROPOSED WATER SUPPLY WILL BE ADEQUATE. A LOCAL 35 GOVERNMENT SHALL MAKE SUCH DETERMINATION ONLY ONCE DURING 36 THE DEVELOPMENT PERMIT APPROVAL PROCESS UNLESS THE WATER 37 DEMANDS OR SUPPLY OF THE SPECIFIC PROJECT FOR WHICH THE 38 DEVELOPMENT PERMIT IS SOUGHT ARE MATERIALLY CHANGED. A LOCAL 39 GOVERNMENT SHALL HAVE THE DISCRETION TO DETERMINE THE STAGE IN 40 THE DEVELOPMENT PERMIT APPROVAL PROCESS AT WHICH SUCH 41 DETERMINATION IS MADE. 42 43 (2) NOTHING IN THIS PART 3 SHALL BE CONSTRUED TO REQUIRE 44 THAT THE APPLICANT OWN OR HAVE ACQUIRED THE PROPOSED WATER 45 SUPPLY OR CONSTRUCTED THE RELATED INFRASTRUCTURE AT THE TIME OF 46 THE APPLICATION. 47 48 29-20-304. Water supply requirements. (1) EXCEPT AS 49 SPECIFIED IN SUBSECTIONS (2) AND (3) OF THIS SECTION, AN APPLICANT 50 FOR A DEVELOPMENT PERMIT SHALL SUBMIT ESTIMATED WATER SUPPLY 51 REQUIREMENTS FOR THE PROPOSED DEVELOPMENT IN A REPORT PREPARED 52 BY A REGISTERED PROFESSIONAL ENGINEER OR WATER SUPPLY EXPERT 53 ACCEPTABLE TO THE LOCAL GOVERNMENT. THE REPORT SHALL INCLUDE: 54 55 (a) AN ESTIMATE OF THE WATER SUPPLY REQUIREMENTS FOR THE 56 PROPOSED DEVELOPMENT THROUGH BUILD-OUT CONDITIONS; 1 (b) A DESCRIPTION OF THE PHYSICAL SOURCE OF WATER SUPPLY 2 THAT WILL BE USED TO SERVE THE PROPOSED DEVELOPMENT; 3 4 (c) AN ESTIMATE OF THE AMOUNT OF WATER YIELD PROJECTED 5 FROM THE PROPOSED WATER SUPPLY UNDER VARIOUS HYDROLOGIC 6 CONDITIONS; 7 8 (d) WATER CONSERVATION MEASURES, IF ANY, THAT MAY BE 9 IMPLEMENTED WITHIN THE DEVELOPMENT; 10 11 (e) WATER DEMAND MANAGEMENT MEASURES, IF ANY, THAT MAY 12 BE IMPLEMENTED WITHIN THE DEVELOPMENT TO ACCOUNT FOR 13 HYDROLOGIC VARIABILITY; AND 14 15 (f) SUCH OTHER INFORMATION AS MAY BE REQUIRED BY THE 16 LOCAL GOVERNMENT. 17 18 (2) IF THE DEVELOPMENT IS TO BE SERVED BY A WATER SUPPLY 19 ENTITY, THE LOCAL GOVERNMENT MAY ALLOW THE APPLICANT TO SUBMIT, 20 IN LIEU OF THE REPORT REQUIRED BY SUBSECTION (1) OF THIS SECTION, A 21 LETTER PREPARED BY A REGISTERED PROFESSIONAL ENGINEER OR BY A 22 WATER SUPPLY EXPERT FROM THE WATER SUPPLY ENTITY STATING THE 23 WATER SUPPLY ENTITY'S COMMITMENT AND ABILITY TO PROVIDE AN 24 ADEQUATE WATER SUPPLY FOR THE PROPOSED DEVELOPMENT. AT A 25 MINIMUM, THE LETTER SHALL INCLUDE: 26 27 (a) AN ESTIMATE OF THE WATER SUPPLY REQUIREMENTS FOR THE 28 PROPOSED DEVELOPMENT THROUGH BUILD-OUT CONDITIONS; 29 30 (b) A DESCRIPTION OF THE PHYSICAL SOURCE OF WATER SUPPLY 31 THAT WILL BE USED TO SERVE THE PROPOSED DEVELOPMENT; 32 33 (c) AN ESTIMATE OF THE AMOUNT OF WATER YIELD PROJECTED 34 FROM THE PROPOSED WATER SUPPLY UNDER VARIOUS HYDROLOGIC 35 CONDITIONS; 36 37 (d) WATER CONSERVATION MEASURES, IF ANY, THAT MAY BE 38 IMPLEMENTED WITHIN THE PROPOSED DEVELOPMENT; 39 40 (e) WATER DEMAND MANAGEMENT MEASURES, IF ANY, THAT MAY 41 BE IMPLEMENTED TO ADDRESS HYDROLOGIC VARIATIONS; AND 42 43 (f) SUCH OTHER INFORMATION AS MAY BE REQUIRED BY THE 44 LOCAL GOVERNMENT. 45 46 (3) IN THE ALTERNATIVE, THE PERMITTING AUTHORITY MAY 47 DETERMINE THAT NO LETTER OR REPORT IDENTIFIED PURSUANT TO 48 SUBSECTIONS (1) AND (2) OF THIS SECTION SHALL BE REQUIRED FROM THE 49 APPLICANT IF WATER FOR THE PROPOSED DEVELOPMENT IS TO BE 50 PROVIDED BY A WATER SUPPLY ENTITY THAT HAS A WATER SUPPLY PLAN 51 THAT IS ON FILE WITH THE LOCAL GOVERNMENT OR PERMITTING 52 AUTHORITY. 53 54 29-20-305. Determination of adequate water supply. (1) THE 55 LOCAL GOVERNMENT'S SOLE DETERMINATION AS TO WHETHER AN 56 APPLICANT HAS A WATER SUPPLY THAT IS ADEQUATE TO MEET THE WATER 1 SUPPLY REQUIREMENTS OF A PROPOSED DEVELOPMENT SHALL BE BASED 2 ON CONSIDERATION OF THE FOLLOWING INFORMATION: 3 4 (a) THE DOCUMENTATION REQUIRED BY SECTION 29-20-304; 5 6 (b) IF REQUESTED BY THE LOCAL GOVERNMENT, A LETTER FROM 7 THE STATE ENGINEER COMMENTING ON THE DOCUMENTATION REQUIRED 8 PURSUANT TO SECTION 29-20-304; 9 10 (c) WHETHER THE APPLICANT HAS PAID TO A WATER SUPPLY 11 ENTITY A FEE OR CHARGE FOR THE PURPOSE OF ACQUIRING WATER FOR OR 12 EXPANDING OR CONSTRUCTING THE INFRASTRUCTURE TO SERVE THE 13 PROPOSED DEVELOPMENT; AND 14 15 (d) ANY OTHER INFORMATION DEEMED RELEVANT BY THE LOCAL 16 GOVERNMENT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE 17 WATER SUPPLY FOR THE PROPOSED DEVELOPMENT IS ADEQUATE, 18 INCLUDING, WITHOUT LIMITATION, ANY INFORMATION REQUIRED TO BE 19 SUBMITTED BY THE APPLICANT PURSUANT TO APPLICABLE LOCAL 20 GOVERNMENT LAND USE REGULATIONS OR STATE STATUTES. 21 22 SECTION 3. Applicability. This act shall apply to applications 23 for development permits submitted on or after the effective date of this 24 act. 25 26 SECTION 4. Safety clause. The general assembly hereby finds, 27 determines, and declares that this act is necessary for the immediate 28 preservation of the public peace, health, and safety.".". 29 30 As amended, ordered engrossed and placed on the Calendar for Third 31 Reading and Final Passage. 32 Senate Journal, April 23 After consideration on the merits, the Committee recommends that HB08-1141 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation. Amend reengrossed bill, page 3, line 15, strike "PHYSICAL AND LEGAL". Page 5, line 12, after "STATING", insert "WHETHER"; line 13, strike "ENTITY'S COMMITMENT" and substitute "ENTITY IS WILLING TO COMMIT" and, after "AND", insert "ITS"; line 14, after the period, insert "THE WATER SUPPLY ENTITY'S ENGINEER OR EXPERT SHALL PREPARE THE LETTER IF SO REQUESTED BY THE APPLICANT.". Page 6, strike lines 2 through 8 and substitute the following: "(3) IN THE ALTERNATIVE, AN APPLICANT SHALL NOT BE REQUIRED TO PROVIDE A LETTER OR REPORT IDENTIFIED PURSUANT TO SUBSECTIONS (1) AND (2) OF THIS SECTION IF THE WATER FOR THE PROPOSED DEVELOPMENT IS TO BE PROVIDED BY A WATER SUPPLY ENTITY THAT HAS A WATER SUPPLY PLAN THAT: (a) HAS BEEN REVIEWED AND UPDATED, IF APPROPRIATE, WITHIN THE PREVIOUS TEN YEARS BY THE GOVERNING BOARD OF THE WATER SUPPLY ENTITY; (b) HAS A MINIMUM TWENTY-YEAR PLANNING HORIZON; (c) LISTS THE WATER CONSERVATION MEASURES, IF ANY, THAT MAY BE IMPLEMENTED WITHIN THE SERVICE AREA; (d) LISTS THE WATER DEMAND MANAGEMENT MEASURES, IF ANY, THAT MAY BE IMPLEMENTED WITHIN THE DEVELOPMENT; (e) INCLUDES A GENERAL DESCRIPTION OF THE WATER SUPPLY ENTITY'S WATER OBLIGATIONS; (f) INCLUDES A GENERAL DESCRIPTION OF THE WATER SUPPLY ENTITY'S WATER SUPPLIES; AND (g) IS ON FILE WITH THE LOCAL GOVERNMENT."; after line 27, insert the following: "29-20-306. Cluster developments - inapplicability. NOTHING IN THIS PART 3 SHALL BE DEEMED TO APPLY TO A RURAL LAND USE PROCESS REGARDING THE APPROVAL OF A CLUSTER DEVELOPMENT PURSUANT TO PART 4 OF ARTICLE 28 OF TITLE 30, C.R.S.". |