Legislative declaration.

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(1) The general assembly:

  1. Finds that, due to the broad regional impact that securing an adequate supply of waterto serve proposed land development can have both within and between river basins, it is imperative that local governments be provided with reliable information concerning the adequacy of proposed developments' water supply to inform local governments in the exercise of their discretion in the issuance of development permits;

  2. To that end, declares that while land use and development approval decisions arematters of local concern, the enactment of this part 3, to help ensure the adequacy of water for new developments, is a matter of statewide concern and necessary for the preservation of public health, safety, and welfare and the environment of Colorado;

  3. Finds that it is necessary to clarify that, where a local government makes a determination whether an applicant for a development permit has demonstrated the proposed water supply is adequate to meet the needs of the development in accordance with the requirements of this part 3, the local government, in its sole discretion, not only makes the determination but also possesses the flexibility to determine at which stage in the development permit approval process the determination will be made; and

  4. Further finds that it is also necessary to clarify that the stages of the developmentpermit approval process are any of the applications, or any combination of the applications, specified in section 29-20-103 (1) as determined by the local government, and that none of the stages are intended to constitute separate development permit approval processes for purposes of section 29-20-303.

Source: L. 2008: Entire part added, p. 1559, § 2, effective May 29. L. 2013: (1)(c) and

(1)(d) added, (SB 13-258), ch. 255, p. 1348, § 1, effective May 23.


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