An ordinance incorporation Ground Water from the Denver basin aquifers underlying the Town of Deer Trail and its service area into the Twon of Deer Trail municipal water service plan and prohibiting the drilling of new wells into the Denver Basin aquifers.
Whereas, Deer Trail was established in 1869 and has been providing water service to cowboys and Indians, farmers and ranchers, and other pioneers and citizens when it hosted the first rodeo in the world on July 4, 1869.
Whereas, on November 29, 1875, the Kansas Pacific Railway Company, platted and filed the plat map for the Plan of the Town of Deer Trail as indicated by former Arapahoe County Plat Filing No. 102, Book 1, Page 73, in the records of the Arapahoe County Clerk and Recorder's office. Said plat map covered portions of the SE 1/4 Section 13, T. 5 S., R. 60 W., 6th P.M. Arapahoe County, Territory of Colorado, as more particularly described on said plat map.
Whereas, on June 21, 1909, the Union Pacific Land Company, platted and filed the First Addition to Deer Trail as indicated by Map no. 13617 in the records of the Arapahoe County Clerk and Recorder's office. Said plat map covered portions of the NE 1/4 and the SE 1/4 Section 13, T. 5 S., R. 60 W., 6th P.M. Arapahoe County, Colorado, as more particularly described on said plat map.
Whereas, on May 16, 1910, the Union Pacific Land Company, platted and filed the Union Pacific Land Company Second Addition to Deer Trail as indicated by Map no. 1270, Book 2, Page 29, in the records of the Arapahoe County Clerk and Recorder's office. Said plat map covered portions of the SE 1/4, the NE 1/4, and the NW 1/4 Section 13, T. 5 S., R. 60 W., 6th P.M. Arapahoe County, Colorado, as more particularly described on said plat map.
Whereas, on May 10, 1910, Mr. Gideon L. Burton, platted and filed Burton's First Addition to Deer Trail as indicated by Map no. 1250, Book 2, Page 25, in the records of the Arapahoe County Clerk and Recorder's office. Said plat map covered the SW 1/4 Section 18, T. 5 S., R. 59 W., 6th P.M. Arapahoe County, Colorado, as more particularly described on said plat map, and subsequently vacated Blocks 48, 49, 50 and 54 therefrom.
Whereas, on May 12, 1927, the Evergreen Cemetery Association, platted and filed the Evergreen Cemetery Addition to Deer Trail, as indicated by Map no. 136621, Book 5, Page 13, in the records of the Arapahoe County Clerk and Recorder's office. Said plat map covers portions of Town of Deer Trail, Ordinance No. 205 1 the NW 1/4 and the SW 1/4 Section 18, T. 5 S., R. 59 W., 6th P.M. Arapahoe County, Colorado, as more particularly described on said plat map.
Whereas, on April 12, 1974, Richard C. Helling and Mildred V. Helling, annexed the Eastridge Addition to Deer Trail as recorded in Book 2243, Pages 472 and 473, in the records of the Arapahoe County Clerk and Recorder's office. Said annexation map covered portions of the S of the NW 'A Section 18, T. 5 S., R. 59 W., 6th P.M. Arapahoe County, Colorado, as more particularly described on said annexation map.
Whereas, on October 1, 1974, Paul D. Hawker and Dorothy G. Hawker, annexed the Hawker Heights Addition to Deer Trail as recorded in Book 2317, Pages 243 and 244, in the records of the Arapahoe County Clerk and Recorder's office. Said annexation map covered portions of the
SE 'A of the SE 'A Section 12, T. 5 S., R. 60 W., 6th P.M. Arapahoe County, Colorado, as more particularly described on said annexation map.
Whereas, on June 1, 1982, William J. Gilbert and Roberta J. Gilbert, annexed the Gilbert Annexation to Deer Trail as recorded in Book 3669, Pages 214 and 215 in the records of the Arapahoe County Clerk and Recorder's office. Said annexation map covered portions of the SE 'A of the SE 'A Section 12, T. 5 S., R. 60 W., 6th P.M. Arapahoe County, Colorado, as more particularly described on said annexation map.
Whereas, prior to January 1, 1985, the Town of Deer Trail has historically supplied water to unplotted areas adjacent to, but outside its platted boundaries, including to a 14.156-acre parcel of land located in part of the SE 'A of Section 13, T. 5 S., R. 60 W., 6th P.M., a 4.112-acre parcel of land located in part of the SW 'A of the NW 'A of Section 18, T. 5 S., R. 59 W., 6th P.M., and a 0.31-acre parcel of land located in part of the NW 'A of Section 19, T. 5 S., R. 59W., 6th P.M., all in Arapahoe County, Colorado, as shown more particularly on the map attached hereto as 1.
Whereas, on February 6, 1920, the Town of Deer Trail was incorporated as a statutory town, having among its original purposes, to provide for the health, safety, and welfare of its citizens including providing said citizens with a water supply.
Whereas, by such establishment, platting, incorporation, additions, annexations and the provision of water service, as of January 1, 1985, the boundaries of the Town of Deer Trail and its service area are as shown on the map attached hereto as Attachment 1;
Whereas, since at least 1920, the Town of Deer Trail has been obligated by custom, law or contract to be the principal supplier of public water service to landowners within the boundaries of the Town of Deer Trail and has in fact supplied such water service to the landowners and citizens within its boundaries and service area as shown on Attachment 1 hereto, which boundaries and service area existed on January 1, 1985.
Whereas, in furtherance of its obligation as the principal supplier of water service to citizens and landowners within its boundaries the Town of Deer Trail has from time to time taken actions before the Colorado State Engineer and the Colorado Ground Water Commission to apply for, consolidate and replace several of its wells, such that the Town's current supply of water to its citizens is evidenced by Well Permit No. 11260-F, Well Permit No. 11261-F, and Well Permit No. 2957-F, drawing their source of supply from the Laramie-Fox Hills aquifer.
Whereas, the Town of Deer Trail finds it is prudent to maintain and preserve the quality and quantity of the Town's water supplies and water rights and that it is in the best interests of the citizens of the Town to protect and preserve the ground water in the Denver Basin Aquifers underlying the Town from depletion and possible contamination as a result of drilling or construction of new private wells into said aquifers;
Whereas, it is recognized by the General Assembly of the State of Colorado and the Colorado Ground Water Commission that economic considerations generally make it impractical for individual landowners to drill wells into the Denver Basin Aquifers, meaning the Upper Dawson, Lower Dawson, Denver, Upper Arapahoe, Lower Arapahoe, and Laramie-Fox Hills aquifers as defined in Rule 4.2.16 of the Designated Basin Rules adopted by the Colorado Ground Water Commission and codified in 2 CCR 410-1 (herein collectively referred to as "Denver Basin Aquifers") for individual water supplies where municipal or quasi-municipal water service is available and that public interest justifies the use of such ground water by municipal or quasi-municipal water suppliers under certain conditions;
Whereas, pursuant to authority in the Colorado Ground Water Management Act, C.R.S. §§ 37-90-101 et seq., the Colorado Ground Water Commission has promulgated Rules and Regulations for the Management and Control of Designated Ground Water, codified in 2 CCR 410-1, and specifically, Rule 5.3.10 thereof, concerning the adoption of deemed consent ordinances or resolutions involving ground water in the Denver Basin Aquifers.
Whereas, notice has been given as required in 2 CCR 410-1, Rule 5.3.10 by publication in the Tr-County Tribune for a public hearing concerning the intent of the Town of Deer Trail to adopt this deemed consent ordinance. An affidavit of publication is attached hereto as Attachment 2;
Whereas, additional notice has been given by posting copies of the Notice of Public Hearing, the Draft Proposed Implied Consent Ordinance, and Attachment 1 at the United States Post Office located within the Town of Deer Trail and at the Deer Trail Town Hall.
Whereas, on July 8, 1999, copies of the Notice of Public Hearing and the draft proposed Deemed Consent Ordinance, with Attachment 1 were mailed by regular mail to the owners of land within the boundaries and service area of the Town of Deer Trail as shown on Attachment 1, said owners names and addresses having been ascertained from the Arapahoe County tax rolls. A Certificate of Mailing of the same to such owners is attached hereto as Attachment 3.
Whereas, on July 27, 1999, a public hearing was held as provided in said notice to consider the adoption of this deemed consent ordinance.
Now therefore, be it Ordained by the Town of Deer Trail Colorado that:
- Incorporation of Denver Basin Aquifers into Municipal Water Service Plan. The Town of Deer Trail, hereby claims, appropriates and incorporates into its municipal water service plan, all right, title, and interest in and to the ground water and right to extract or withdraw and use ground water in the Denver Basin Aquifers, underlying the land within the boundaries and service area of the Town of Deer Trail as those boundaries and service area existed on January 1, 1985, all as shown on the map attached hereto as Attachment 1 and made a part hereof by this specific reference. Such claim, appropriation, and incorporation into the municipal water service plan of the Town of Deer Trail of ground water in the Denver Basin Aquifers specifically includes all rights of reuse, successive use and disposition of such waters as provide in C.R.S. § 37-82-106.
- Deemed Consent. Upon the effective date of this ordinance, as provided below, the owners of land within the boundaries and service area of the Town of Deer Trail as shown on Attachment 1, which overlies the ground water in the Denver Basin Aquifers shall be deemed to have consented to withdrawal of such ground water by the Town of Deer Trail, except that no consent shall be deemed to be given with respect to any portion of such land if any of the following specified exceptions provided for in 2 CCR 410-1, Rule 5.3.10, a through e, are met:
- a. Water service to such portion of the land is not reasonably available from the Town of Deer Trail and no plan has been established by the Town allowing the landowner to obtain an alternative water supply.
- The ground water has been conveyed or reserved or consent to use such ground water has been given or reserved in writing to anyone other than the Town of Deer Trail and such conveyance, reservation, or consent is properly recorded before the effective date of this ordinance.
- Consent to use such ground water has been given to anyone other than the Town of Deer Trail by the lawful effect of an ordinance or resolution adopted prior to January 1, 1985.
- Such ground water has been decreed or permitted to anyone other than the Town of Deer Trail prior to the effective date of this ordinance; or
- Such portion of the land is not being served by the Town of Deer Trail as of the effective date of this ordinance and such ground water is the subject of an application for determination of a right to use ground water filed with the Colorado Ground Water Commission prior to the effective date of these Rules.
- Map of Land Area. Upon the effective date of this ordinance, the Town Clerk is directed to file with the Colorado Ground Water Commission a detailed map of the land area to which consent is deemed to have been given, which detailed map is the same as Attachment 1 hereto.
- Drilling of New Wells into the Denver Basin Aquifers in the Town. After the effective date of this ordinance, no person other than the Town of Deer Trail and/or its authorized agents, may drill or construct a new well in the Denver Basin Aquifers, or withdraw or extract and use ground water from any such new well in the Denver Basin Aquifers, where the location of such well is on land described in Attachment 1 hereto or on land annexed into the Town, except the Turecek Estates Annexation. Existing wells that have valid well permits issued pursuant to Colorado law for ground water in the Denver Basin Aquifers as of the effective date of this ordinance are not affected by this provision in paragraph 4, and such existing wells may be replaced or relocated pursuant to applicable Colorado law. It is the intent of this provision that no new wells should be drilled or constructed into the Denver Basin Aquifers (other than by the Town of Deer Trail and/or its authorized agents) so as to protect the health and safety of the Town's citizens, and to help preserve the quality of the ground water in the Denver Basin Aquifers underlying the Town's boundaries and service area as it presently exists and as it exists in the future, except the Turecek Estates Annexation.
- Effective Date. The Board of Trustees of the Town of Deer Trail finds and determines that since the Town of Deer Trail has been obligated by custom, law, or contract to be the principal supplier of public water service to the landowners within the boundaries of the Town of Deer Trail and has in fact supplied such water service to the landowners and citizens since at least 1920, and since this ordinance is necessary for the Town of Deer Trail to reasonably and effectively continue to supply public water service to the landowners and citizens of the Town of Deer Trail in the future, and since time is of the essence concerning the acquisition of necessary funding for improved water service, the Board of Trustees of the Town of Deer Trail finds and determines that an emergency exists requiring the immediate passage of this Ordinance for the preservation of the public health, safety, morals, and welfare of the citizens of the Town of Deer Trail. Therefore, this Ordinance shall become immediately effective upon adoption by the Board of Trustees of the Town of Deer Trail and shall thereafter be published in the Tr-County Tribune.
- Savings Clause. If any part or parts of this ordinance are, for any reason, held to be invalid, illegal or void, such decision shall not affect the validity of the remaining portions of this ordinance, which remaining portions shall continue in full force and effect.
- Inconsistencies. All ordinances, or parts of ordinances of the Town of Deer Trail that are inconsistent or in conflict with the provisions of this ordinance are hereby repealed.
Attest: Jessica E. Stoumbaugh, Town Clerk
By: LeRoy A Koch, Mayor
Duly, Moved, Seconded, and approved by the Board of Trustees of the Town of Deer Trail, Colorado this 27th Day of July 1999
(SEAL) Votes Approving: 6
Votes Opposing: 0
Votes Abstaining: 0
Absent: 1
Town of Deer Trail: LeRoy A. Koch, Mayor
Attest: Jessica E. Stoumbaugh, Town Clerk
