Chapter 13.04
WATER SUPPLY AND WATER RIGHTS
Sections:
13.04.020 Conveyance of water rights prerequisite for water service.
13.04.030 Private well construction.
13.04.040 Fees for testing water meters.
13.04.050 Assessment for tampering.
13.04.060 Assessment of fees for service line repair work.
13.04.010 City water rights.
The city claims, appropriates, and incorporates into its municipal service plan all right, title, and interest in, and to, groundwater and water rights in the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers (hereinafter referred to as “said aquifers”) underlying all lands within the boundaries of the city as those boundaries existed on January 1, 1985; except that, this chapter does not apply to:
A. Groundwater that has been conveyed or reserved, or where consent to use such groundwater has been given or reserved in writing prior to January l, 1985, to anyone other than the city, and where such conveyance, reservation, or consent has been properly recorded in the records of Arapahoe County prior to August 31, 1985;
B. Groundwater underlying land where water service is not reasonably available from the city and no plan has been established by the city allowing the landowner to obtain an alternative water supply;
C. Groundwater where the consent to use such groundwater has been given to anyone other than the city by the lawful effect of an ordinance or resolution adopted prior to January 1, 1985;
D. Groundwater that has been decreed or permitted to anyone other than the city prior to August 29, 1985; or
E. Groundwater underlying land where water service is not being provided by the city as of August 29, 1985, and such groundwater is the subject of an application for determination of a right to use groundwater filed in the water court prior to July 1, 1985. (Prior code § 18-71)
13.04.020 Conveyance of water rights prerequisite for water service.
Any person who applies for water service, or a change in water service, from the city’s water system shall, as part of the application and as part of the consideration thereof, tender to the city a properly executed deed conveying to the city the water and water rights in said aquifers underlying the lands to which service is requested, and warranting that he/she has not conveyed his/her interest in such water or water rights, to other persons or entities, nor has the consent to use or withdraw groundwater underlying such lands been conveyed to other persons or entities. (Prior code § 18-72)
13.04.030 Private well construction.
No person may withdraw groundwater subject to this chapter or drill, or otherwise construct a well, for the purpose of withdrawing groundwater subject to this chapter, except as specifically allowed by the water court of the state of Colorado. (Prior code § 18-73)
13.04.040 Fees for testing water meters.
A water customer may request that a test be scheduled and performed by the city Public Works Department on a water meter the customer does not believe is operating accurately. If, upon testing, the meter tests outside the tolerance levels listed below, the cost relating to testing will be assumed by the city Public Works Department. If the meter reads within the set tolerances, the customer requesting the test shall pay the cost of testing the meter, including removal and reinstallation if necessary, at the rate established by the Director of Public Works, based upon the type of meter tested and the actual cost to the city. The rate schedule will be on file at the office of the Director of Public Works and the appropriate rate will be quoted to the customer at the time a test is requested and before the work is done.
|
Meter Size |
Test Flow Rates |
Tolerance Limits (% of Actual) |
|---|---|---|
|
1-1/4" to 6" |
10 GPM and above |
90% to 103% |
|
|
9 GPM and below |
80% to 103% |
|
5/8", 3/4", 1" |
2 GPM and above |
90% to 103% |
|
|
1-1/2 GPM and below |
80% to 103% |
(Ord. 1992-11 § 1)
13.04.050 Assessment for tampering.
If, upon inspection by the Glendale Public Works Department, it is discovered that the bypass valve at a water meter has been opened, or otherwise tampered with, without the express prior written approval of the Glendale Public Works Department, the following shall apply:
A. First Offense. A notice of violation assessing a one hundred dollar ($100.00) penalty will be issued to the responsible party at the service address with a copy sent to the address where billing is received. The water bill for the period involved will be calculated by using past records and taking into consideration changes in use or other pertinent modifying factors.
B. Second Offense. If a second offense is committed at the same service address by the same property owner or that owner’s agent, a notice of violation assessing a five hundred dollar ($500.00) penalty will be issued. The same warning and billing procedure as with the first offense shall be utilized.
C. Third Offense. If a third offense is committed at the same service address by the same property owner or that owner’s agent, a notice of violation assessing a one thousand dollar ($1,000) penalty will be issued. The same warning and billing procedure as with the first offense shall be utilized.
D. Fourth Offense. The water service shall be shut off and appropriate legal action shall be taken. Water service will not be turned on again until ordered by the City Manager or the court. (Ord. 2002-7: Ord. 1992-11 § 2)
13.04.060 Assessment of fees for service line repair work.
A. A water customer may be assessed certain reasonable fees relating to work performed by city personnel in connection with the location and repair of a private water service line when one (1) or more of the following conditions exist:
1. When an emergency condition is declared. An emergency condition could be brought about due to an excessive amount of water loss or when further damage to public or private property is expected if repairs are not accomplished promptly;
2. When it cannot be readily determined if a leak is in the customer’s service line or the city’s main, and subsequent to excavation by city personnel it is determined that the leak is the responsibility of the customer;
3. When, following a determination that the customer is responsible for a repair as set forth in subsection (A)(2) of this section, the customer authorizes the city to complete repair to the line, backfill the trench, and restore the surface to its previous condition.
B. A fee schedule for repair work shall be set by the Director of Public Works and shall be furnished to any customer who might be billed pursuant to this section as soon as possible after that determination is made. The schedule shall be revised periodically as needed to reflect the actual costs of personnel, materials and equipment. (Ord. 1992-11 § 3)