9.30.030 Definitions.
As used in this chapter, unless the context otherwise requires:
“Annexation” means the act of attaching, adding, joining or uniting a parcel of land to the legal entity known as the Town of Parachute.
“Appurtenant” means belonging to, accessory or incident to, adjunct, appended, annexed to or used in conjunction with.
“Change in land use” shall include expansion of an existing use.
“Consumptive use” means the amount of water consumed and which does not return to the stream system after use.
“Conveyance of water rights” means the process by which legal title to water rights is transferred by appropriate deed, stock assignment, allotment contract or other record transfer.
“Dedicate” or “dedication” means to appropriate an interest in land or water rights to some public use, made by the owner, and accepted for such use by or on behalf of the public.
“Dwelling unit” means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by the Uniform Building Code.
“Equivalent residential unit (EQR)” means a number related to the volume of water necessary to meet the demand and consumptive use requirements of an average dwelling unit housing not more than three and one-half (3.5) persons and having not more than two thousand five hundred (2,500) square feet of irrigated area. The EQR unit value assigned to such average dwelling unit is one (1.0). The EQR unit value assigned to any particular dwelling unit may be greater than, equal to or less than one (1.0). The EQR unit value assigned to other uses shall be based on the Town’s estimated volume of water demanded and consumed by such uses as compared to the volume of water demanded and consumed by such average dwelling unit. The EQR unit value assigned to such uses is set forth in a table of EQR units in the Town of Parachute Water and Sewer Tap Ordinance of 1984, Ordinance No. 229, as such table may be amended.
“Extension of water service” means any extension of the Town water service for which a tapping charge is assessed or any increase in Town water service resulting from a change in use of property, an increased use of property or an increase in irrigated area.
“Historical use affidavit” means a notarized written statement which sets forth the following information concerning each water right proposed for dedication to the Town:
1. The name(s) and address(es) of the owner(s);
2. The amount of each water right or the number of shares of stock;
3. If the water right is used for irrigation, the number of acres presently being irrigated and a legal description and/or map of the acreage irrigated;
4. A copy of the stock certificate in any ditch or reservoir company which furnishes water and (unless this requirement is waived by the Town) all decrees or judgments determining or adjudicating each water right proposed for dedication to the Town and any other water rights appurtenant to the property;
5. A copy of the document(s) by which the present owner(s) of each water right received title to the water right proposed for dedication to the Town and any other water rights appurtenant to the property;
6. A copy of all diversion records for each water right proposed for dedication or transfer to the Town (unless this requirement is waived by the Town); and
7. A description of the historical use of the water right, including the amount and time of diversions and, if the use was irrigation, the type of irrigation, the number of acres irrigated, the crops grown and a description of any other water rights used on the land irrigated.
“Lease” means any grant for permissive use which results in the creation of a landlord-tenant relationship.
“Person” means an individual, a partnership, a corporation, a municipality or any other legal entity, public or private.
“Raw water credit” means the number of EQRs for which dedication credit is provided by the Town for the dedication of a particular acceptable water right to the Town.
“Sufficient priority” means that a water right has a date as of which it is entitled to use water in relation to other water rights deriving their supply from the same source which is sufficiently senior that it may reasonably be expected to provide a dependable water supply for the requirements of this chapter. Factors to be considered in making this determination shall include, but not by way of limitation, the appropriation date and adjudication date of the water right, the decreed use(s), the historical use of the water right, the physical flow available and the administrative practices of the office of the State Engineer.
“Town” means the Town of Parachute.
“Town Council” means the Town Council of the Town.
“Town Manager” means the Town Manager of the Town of Parachute, Colorado.
“Town water service” means treated water service or raw water service furnished by the Town.
“Transfer water rights” means the conveyance of legal title to water rights to the Town.
“Water Court transfer fee” means the estimated cost per EQR of court filing fees, publication fees, professional fees and other reasonable and customary costs associated with required proceedings in the Water Court for the Town to make full and lawful use of water rights dedicated to or acquired by the Town for use in its municipal water system.
“Water right” means a decreed right to use in accordance with its priority a certain portion of the waters of the state by reason of the appropriation of the same. It shall include both direct-flow and storage rights. (Ord. 561 §1, 2007; Amended Ord. 685 §15, 2015; Amended Ord. 757 §2, 2019)