Chapter 17.172 REGULATIONS FOR EFFICIENT UTILIZATION OF MUNICIPAL AND INDUSTRIAL WATER PROJECTS
17.172.050 Applicability.
A. These regulations shall apply to development of municipal and industrial water projects, wholly or partially within unincorporated Pueblo County.
B. The provision of this Chapter shall not apply to or affect any development described in §17.148.050 of the Administrative Regulations adopted by this jurisdiction, to the extent these regulations were or are deemed authorized exclusively under §§24-65.1-101, et seq., 7 C.R.S. (2004).
C. Nothing in these regulations shall be construed as exempting an applicant for a permit from any other requirements of this jurisdiction or other state or federal laws and regulations.
D. To the extent that the requirements of these regulations differ from any other applicable requirements, the more restrictive requirements shall apply.
E. No grading permit, building permit, development permit, or permit for a permanent use in a County right-of-way or County-owned property shall be issued by the County for purposes of developing, construction or otherwise engaging in the conduct of a municipal or industrial water project without the applicant first having obtained a permit pursuant to these regulations.
F. Review or approval of a Project by a federal or state or local agency does not obviate and shall not substitute for, the need to obtain a Permit for that Project under these regulations. Any application for a permit under these Regulations that is also subject to the regulations of other agencies may request that the County application and review process be coordinated with that of the other agency. If practicable, and in its discretion, the County may attempt to eliminate redundant application submittal requests and may coordinate its review of the application with that of other agencies as appropriate.
G. Other exemptions: A Municipal or Industrial Water Project is exempt from these Regulations if it falls into one of the following categories:
(1) The day-to-day operations of an existing project or facility, or a minor change in the operation of an existing project or facility, including retrofitting or updating technology, so long as the change in operation does not constitute a material change and does not cause negative impacts different from that of the existing facility or project or otherwise exacerbate existing impacts.(2) The maintenance, repair, replacement of an existing component or facility of a Project if it does not constitute a material change, does not cause negative impacts different from the existing Project, and does not otherwise exacerbate existing impacts.
(3) Replacement of an existing water diversion or storage structure without change in the point of diversion, type or place of use of the water, or yield.(4) Irrigation facilities used for agricultural purposes.
(5) A proposed municipal water project with a new or increased diversion per year, or new or increased storage capacity, of less than 500 acre-feet.(6) A proposed industrial water project with a new or increased diversion per year, or a new or increased storage capacity, of less than 500 acre-feet.