To: Honorable Mayor and Members of Town Council
Through: David L. Corliss, Town Manager
From: Mark Marlowe, P.E., Director of Castle Rock Water
Matt Benak, P.E., Water Resources Manager
Lisa Bright-Unger, Water Resources Program Analyst
Title
Ordinance Amending Various Provisions within Chapter 4.04 of the Castle Rock Municipal Code Regarding the Dedication of Water Rights as a Condition of Annexation to the Town (Second Reading - Approved on First Reading on February 6, 2024, by a vote 7-0) [Castle Rock Water Service Area]
Body
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Executive Summary
The purpose of this memorandum is to seek Town Council approval of an ordinance (see Attachment A) adopting changes to the Town of Castle Rock Municipal Code (Code) Section 4.04 - Water Dedication Code - First Reading (Exhibit 1). The Town is the exclusive provider of water service within its municipal boundaries. In alignment with the philosophy that growth pays for growth, prior to or at the time of development proprietary water resources must be obtained to provide water service to developing areas in and around the Town. In accordance with existing code, new connections to the municipal water system must be supported by a sufficient dedication of Denver Basin groundwater and by the payment of System Development Fees to fund the acquisition and development of renewable water supplies. Further, the Code has established requirements for annexation properties both within and outside of our service area. For properties outside of our established service area, additional renewable water supply (wet water) requirements apply (see Attachment B).
For those annexation properties within the Town’s service area, it is desirable to accommodate annexation where possible. Therefore, Revisions to Section 4.04 of the Code are necessary to reflect current business practices of Castle Rock Water that align with this objective and to make some administrative revisions.
Revisions were made to: 1) allow the Director of Castle Rock Water to waive the requirement that groundwater be adjudicated prior to dedication; 2) allow Town Council or the Director to waive the requirement of a title opinion for the dedication of water; 3) remove development credit for not-nontributary groundwater so a dedicator does not need to adjudicate a plan for augmentation prior to dedication; and 4) require dedication of any tributary water associated with a property. Also, administrative revisions were made to clarify and correct some inaccuracies
Staff Recommendation
Staff recommends approval of an ordinance adopting the recommended changes to the Town Municipal Code as presented.
Proposed Motion
“I move to approve the Ordinance as introduced by title on first reading.”
Alternative Motions
“I move to approve the Ordinance as introduced by title, with the following conditions: (list conditions).
“I move to continue this item to the Town Council meeting on _____ date to allow additional time to (list information needed).”
Attachments
Staff Report
Attachment A: Ordinance
Exhibit 1: Section 4.04 Code Revisions
Attachment B: Inclusion Area Map