§ 29-20-301 — Legislative declaration

(1) The general assembly:

(a) Finds that, due to the broad regional impact that securing an adequate
supply of water to 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;

(b) To that end, declares that while land use and development approval
decisions are matters 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;

(c) 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

(d) Further finds that it is also necessary to clarify that the stages of the
development permit 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.

Legislative History

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.