§ 4.04.070. Required adjudications.

A.

It shall be the responsibility of the landowner, at his or her expense, to obtain a final decree to the groundwater rights prior to conveyance to the Town. Under special circumstances, as determined by the Town Council in its absolute discretion, the Town may accept un-adjudicated Denver Basin groundwater, provided that the cost of adjudication and yield from the subsequent adjudication are addressed in the applicable development contract or water dedication agreement.

B.

It shall be the exclusive obligation of the dedicator, at the dedicator's expense, to obtain approval of the water court for a plan for augmentation for not-non-tributary Denver Basin groundwater. The dedicator shall secure or reserve, as applicable, the required supply to replace depletions both during and after cessation of pumping in accordance with the decree approving the augmentation plan. The dedicator's interest in the augmentation plan and the replacement water supply shall be concurrently conveyed to the Town with the dedication.

C.

The Town shall be named as a co-applicant in applications for adjudication of Denver Basin groundwater, or for approval of an augmentation plan, and may participate in such adjudications at its own expense for the purpose of maximizing uniformity among decrees of Denver Basin groundwater to be dedicated to the Town. The inclusion of the Town as a co-applicant shall not give the Town any ownership interest in the water decreed. The Town's ownership of the Denver Basin groundwater shall occur solely as a result of the dedication of such groundwater rights to the Town.

(Ord. No. 2015-05 , § 3, 3-3-2015; Ord. 2006-19 §1, 2006; Ord. 2006-12 §2, 2006; Ord. 98-30 §1(part), 1998)