These regulations may be cited as the “watershed protection
regulations” or generally as “watershed regulations.”
(Res. 115-07 § XX-1, 7-30-07)
The City Council finds that the maintenance and protection of
an adequate water supply of the highest quality and quantity is essential
to the public health, safety and welfare of the citizens of the City,
and that the City’s water supply and waterworks shall be protected
from pollution, impairment, injury or damage.
These regulations shall be periodically reviewed and updated
to reflect new technologies and/or applicable State and federal regulations.
(Res. 115-07 § XX-2, 7-30-07)
Pursuant to the Constitution, the Charter and applicable law,
the City may enact ordinances and regulations for the purpose of maintaining
and protecting the City’s waterworks from injury and to protect
the water from pollution in lands and territory occupied by such waterworks
and over the streams or sources, including groundwater, from which
the water is taken for five miles above the point from which it is
taken, pursuant to § 31-15-707(l)(b), C.R.S.
All powers and protections stated herein are applicable to all
property owned by the City contiguous to the watershed boundary.
(Res. 115-07 § XX-3, 7-30-07)
If any section, subsection, paragraph, clause, phrase or provision
of these regulations shall be held or adjudged to be invalid by a
court of competent jurisdiction, then the validity of the balance
of the watershed regulations shall not be affected in whole or in
part.
(Res. 115-07 § XX-4, 7-30-07)
The City’s authority over proposed activities within the
watershed, not on land owned in fee simple by the City, shall be exercised
concurrently with Mesa County, the United States Department of Agriculture,
the United States Forest Service (USFS), the United States Department
of the Interior and the United States Bureau of Land Management (BLM),
consistent with and pursuant to the City’s jurisdiction as authorized
by law and implemented by these regulations. The City’s authority
shall be construed as broadly as is consistent with established principles
of law. For all proposed activities on land owned in fee simple by
the City, or if any federal, State or local entity defers or declines
to exercise its applicable authority, if any, for any proposed activity
within the watershed, the City’s review authority shall occur
prior to the commencement of any proposed activity subject to these
regulations.
(Res. 115-07 § XX-5, 7-30-07)
In their application and interpretation the provisions of these
regulations shall be held to be minimum requirements. These regulations
do not repeal, abrogate, annul or in any way impair or interfere with
existing provisions of private or intergovernmental agreements. Where
these regulations impose a greater restriction than that imposed by
prior or existing provisions of law, contract or deed, the provisions
of these regulations shall control.
(Res. 115-07 § XX-6, 7-30-07)
(a)
The City Attorney is authorized to file suit against and/or to prosecute
in the Municipal Court any person alleged to violate in whole or in
part any provision of these regulations.
(b)
Any employee(s) of the Utilities and Streets Systems Department that
is so authorized by the City Manager may detain and hold for further
disposition any person in violation of these regulations.
(Res. 115-07 § XX-7, 7-30-07)
The City may enter and inspect any property within the watershed
and under the jurisdiction of these regulations at reasonable hours
for the purpose of determining if any activity is in violation of
the provisions hereof and/or is in violation or noncompliance with
any permit issued hereunder. In the absence of a bona fide emergency,
the City will follow all regulations pertaining to motorized travel
and safety procedures when doing inspection.
(Res. 115-07 § XX-8, 7-30-07)
(a)
It is unlawful to engage in any activity not in compliance with these
regulations or any amendment thereto and/or the permit requirements
hereof. Any person, corporation or other legal entity, either as owner,
lessee, permittee, occupant or otherwise, who violates any provision
of these regulations and/or who engages in any activity not in compliance
with these regulations shall be charged with a misdemeanor.
(b)
Any person, corporation or other legal entity, upon conviction of a violation of these regulations, shall be punished by a fine or imprisonment or both pursuant to the limits established in GJMC § 1.04.090.
(c)
Any person, corporation or other legal entity shall be guilty of
a separate offense for each and every day during any portion of which
any violation of these regulations is committed, continued or permitted.
(d)
Nothing herein shall limit the City from seeking any other remedies
available by law or in equity, including but not limited to injunctive
relief, the recovery of damages and the payment of costs and reasonable
attorneys’ fees. All remedies shall be cumulative.
(Ord. 4424 § 3, 5-5-10; Res. 115-07 § XX-9, 7-30-07)
