§ 29-20-305 — Determination of adequate water supply

(1) The local
government's sole determination as to whether an applicant has a water supply
that is adequate to meet the water supply requirements of a proposed development
shall be based on consideration of the following information:

(a) The documentation required by section 29-20-304;

(b) If requested by the local government, a letter from the state engineer
commenting on the documentation required pursuant to section 29-20-304;

(c) Whether the applicant has paid to a water supply entity a fee or charge
for the purpose of acquiring water for or expanding or constructing the
infrastructure to serve the proposed development; and

(d) Any other information deemed relevant by the local government to
determine, in its sole discretion, whether the water supply for the proposed
development is adequate, including, without limitation, any information required to
be submitted by the applicant pursuant to applicable local government land use
regulations or state statutes.

Legislative History

Source: L. 2008: Entire part added, p. 1562, � 2, effective May 29.