8G

• Board Meeting Date: 1/22/2008
• Description: CWCB Legislative Priorities and Recommendations - Other Legislative Matters
• Board Meetings - Doc Type: Memo

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1 29-20-305. Determination of sufficient and sustainable water
2 supply. (1) THE LOCAL GOVERNMENT'S DETERMINATION AS TO WHETHER
3 AN APPLICANT HAS DEMONSTRATED THAT A WATER SUPPLY IS SUFFICIENT
4 AND SUSTAINABLE TO MEET TIlE WATER SUPPLY REQUIREMENTS OF A
5 PROPOSED DEVELOPMENT SHALL BE BASED ON CONSIDERATION OF THE
6 FOLLOWING EVIDENCE:
'7 (a) THE PROPOSED PHYSICAL SOG"'RCES OF THE WATER ~upPLY;
I
8 (b) A REPORT PREPARED BY A PROFESSIONAL ENGINEER STATING
9 THAT THE PROPOSED WATER SUPPLY IS PHYSICALLY AVAILABLE TO THE
10 PROPOSED DEVELOPMENT AND IS SUFFICIENT AND SUSTAINABLE TO MEET
11 THE DAILY, MONTHLY, AND YEARLY WATER SUPPLY REQUIREMENTS OF
12 THE DEVELOPMENT, AS SUCH REQUIREMENTS ARE IDENTIFIED PURSUANT
13 TO SECTION 29-20-304;
14 (C) A LEITER FROM THE STATE ENGINEER:
15 (1) COMMENTING ON THE REPORT BY THE PROFESSIONAL ENGINEER
16 REQUIRED PURSUANT TO PARAGRAPH (b) OF TIllS SUBSECTION (1); AND
17 (II) DETERMINING WHETHER THE PROPOSED WATER SUPPLY IS
18 SUFFICIENT AND SUSTAINABLE TO SERVE THE PEAKDAIL Y, MONTHLY, AND
19 YEARLY WATER SUPPL YREQUIREMENTS OF THE DEVELOPMENT PROPOSED
20 IN TIlE APPLICATION, AS SUCH REQUIREMENTS ARE IDENTIFIED IN SECTION
21 29-20-304;
22 (d) IF WATER IS TO BE PROVIDED BY A WATER SUPPLY ENTITY, A
23 LEITER FROM THE WATER SUPPLY ENTITY STATING THE WATER SUPPLY
24 ENTITY'S COMMITMENT AND ABILITY TO SATISFY TIlE WATER SUPPLY
25 REQUIREMENTS OF THE PROPOSED DEVELOPMENT. THE LEITER SHALL
26~ ~-~INCLUDE~A: DESCRlPTION.OFTHEPHYSICAVS0URCEOFStJPPLYTHAT WItV ~.
27 BE USED TO SERVE THE PROPOSED DEVELOPMENT, THE PRESENT WATER
-4- HB08-1141