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WELL DRILLING
Sections:
13.12.010 Limitations.
13.12.020 Permit-Application.
13.12.030 Permit-Application fee.
13.12.040 Variance.
13.12.050 Land owner consent withholding.
13.12.060 Lease authorized.
13.12.070 Penalty for violation.
13.12.010 Limitations.
The drilling of new wells within the city shall be allowed to depths less than
two hundred fifty feet and the construction of any well subsequent to the effective
date hereof within the city to a depth below two hundred fifty feet shall be
prohibited, except as to all persons who have heretofore initiated their rights
to construct said wells to a depth below two hundred fifty feet, except as to
the city acting for and on behalf of its citizens to provide water for public
benefit, except as to any person who perfects a right to construct a well to
a depth below two hundred fifty feet and has complied with the provisions of
Section 13.12.050, and except as to any person who obtains a variance under
the provisions of Section 13.12.040 and also has fulfilled all of the requirements
of Section 13.12.020. The rehabilitation of any well in existence on the effective
date of the ordinance codified in this chapter shall not be considered the drilling
of a new well under this chapter. (Ord. O-80-68 § 1, 1980).
13.12.020 Permit-Application.
Any person who desires to drill a well within the limits of the city shall submit
an application for a permit to construct a well to the City Manager or his authorized
agent giving the following information: location and depth of well, proof of
written notice to each entity which provides domestic water and/or sanitary
sewer services to the area in which said well is to be located, proof of written
notice to the Jefferson County Board of Health, and an approved well permit
issued by the State Engineer. (Ord. O-94-39 § 15, 1994; Ord O-80-68 §
2, 1980).
13.12.030 Permit-Application fee.
Any person submitting such application for permit shall pay a fee of fifty dollars,
and such application shall be approved and a permit issued, only if the City
Manager or his authorized agent shall determine that the depth of the well is
less than two hundred fifty feet or is excepted under the provisions of Sections
13.12.010 and 13.12.050, and provided the requirements set forth in Section
13.12.020 have been met. (Ord. O-94-39 § 16, 1994; Ord. O-80-68 §
3, 1980).
13.12.040 Variance.
Any person who desires to drill a well to a depth greater than two hundred fifty
feet may apply to the City Manager or his authorized agent for a variance from
the provisions of Section 13.12.010 to construct such a well. If the applicant
proves beyond a reasonable doubt that his proposed well will not intercept the
sands of the Arapahoe, Laramie-Fox Hill, or other non-tributary aquifers, such
a variance shall be granted. (Ord. O-94-39 § 17, 1994; Ord. O-80-68 §
4, 1980).
13.12.050 Land owner consent withholding.
Any overlying land owner who wishes to withhold his consent to the city for
its appropriation of ground water (which is the subject of Case No. 79-CW-368
in the District Court in and for Water Division No. 1, State of Colorado) below
a depth of two hundred fifty feet beneath his land shall record a Notice of
Non-Consent with the Clerk and Recorder of the County of Jefferson and State
of Colorado, with a copy thereof to the City Clerk of the City of Lakewood,
Colorado (at 480 South Allison Parkway, Lakewood, Colorado 80226-3127) within
sixty days of the date of final publication of the ordinance codified in this
chapter, which notice shall include the legal description of the affected overlying
land. (Ord. O-80-68 § 5, 1980).
13.12.060 Lease authorized.
In any event, any Lakewood citizen may file an application with the City Council
to lease water which has been previously appropriated by the city. Upon a showing
that such citizen is unable to reasonably obtain water from any alternative
source or other hardship, the City Council may, in its sole discretion, agree
to lease to such citizen a portion of its rights to use such water. (Ord. O-80-68
§ 6, 1980).
13.12.070 Penalty for violation.
Any person, firm, corporation or association who fails to comply with any of
the terms of this chapter shall, upon conviction, be fined in a sum not to exceed
one thousand dollars for each violation of this chapter. Each day in which such
person, firm, corporation or association shall fail to comply with the terms
of this chapter shall be considered a separate violation. (Ord. O-96-44 §
14, 1996; Ord. O-84-87 § 8, 1984; Ord. O-80-68 § 8, 1980).
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