Chapter 17.172 REGULATIONS FOR EFFICIENT UTILIZATION OF MUNICIPAL AND INDUSTRIAL WATER PROJECTS
17.172.040 Definitions.
A. Administrator: The person responsible for the administration of designated matters of State and local interest within the County of Pueblo as set forth in Chapter 17.148.100.
B. Aquifer recharge area: Any area where surface waters may infiltrate to a water bearing structure of permeable rock, sand or gravel. This definition also includes areas affected by wells used for disposal of wastewater or other toxic pollutants.
C. Board or Board of County Commissioners: Board of County Commissioners of Pueblo County, State of Colorado. (See also Permit Authority).
D. County: Pueblo County, Colorado.
E. Determination: The Administrator’s decision whether a Project qualifies for a Finding of No Significant Impact (FONSI) or requires a permit.
F. Development: Any construction or activity which in any way changes or modifies the basic character or use of the land on which the construction or activity occurs.
G. Efficient utilization of water: The employment of methods, procedures, techniques and controls to encourage use of water that will yield the greatest possible benefits including social, economic, environmental, aesthetic, agricultural, commercial and recreational benefits, and that will promote, where feasible and appropriate, the conservation of water in particular uses, and that emphasizes, to the extent permissible under law, the recycling and reuse of water.
H. FONSI: A Finding of No Significant Impact.
I. Industrial: Any development of natural resources, business or trade, commercial activity, processing, fabrication, alteration or manufacture of raw or semi-processed materials, manufactured goods or any components thereof, and commercial feedlots. “Industrial” includes the provision of water directly or indirectly by a private entity or individual for domestic, municipal or industrial uses. “Industrial” does not include agricultural crop production or livestock watering.
J. Material change: Any change in the Project as approved by the Permit Authority which significantly changes the nature of impacts considered by the Permit Authority in approval of the original Permit or in the case of a development not previously issued a permit, a structural modification, change of use, change of operation, change of user, which significantly changes the nature of the development and its associated impacts.
K. Mitigation: Avoiding an impact; minimizing impacts by limiting the degree or magnitude of the action or its implementation; rectifying the impact by repairing, rehabilitating or restoring the impact area, facility or service; or compensation for the impact by replacing or providing for the replacement of biological or physical conditions, services or facilities.
L. Municipal and industrial water project: A water supply system and all related components through which a water supply from either surface or subsurface sources is derived for municipal or industrial uses or both. A water supply system includes wells, diversion facilities, pumps, conduits, canals, pipes, ditches, reservoirs or other impoundments, through which a water supply is obtained directly or by trade, substitution, augmentation or exchange, and also includes those components for returning unconsumed flows back to the stream system. The filing of an application in court to adjudicate the use of water and obtaining a decree, in and of itself, shall not constitute the development of a water project.
M. Permit authority: The Board of County Commissioners, or its designee.
N. Person: Any individual, partnership, corporation, association, company or other public or corporate body, including the federal government, and includes any political subdivision, agency, instrumentality or corporation of the state or the United States government.
O. Project or proposed project: The site selection, construction, development, operation, reoperation, enlargement or expansion, conversion of an existing facility or structure to a municipal or industrial use, or material change of a development proposed under these Regulations throughout its life cycle including all ancillary structures, facilities, improvements, and activities, and all integrated components thereof, and any proposed land use directly related to such project if such project is to be located wholly or partially within the County. A project cannot be segmented to avoid the requirements of these Regulations. If a project is to be phased over time or is composed of distinguishable elements, the impacts of all phases or elements of the development must be considered together when reviewing the project hereunder and determining if it satisfies these Regulations.