Any drilling, digging or development of any domestic, irrigation or other groundwater wells within the municipal limits of the town of Winthrop, or the subsequent use of any domestic, irrigation or other groundwater well drilled, dug or developed in violation of this chapter, shall be prohibited by any person, firm or corporation, from and after the effective date of the ordinance codified in this chapter.
(Ord. 733 § 2, 2020)
Any person, firm or corporation who violates the terms of this chapter shall be subject to a civil penalty up to and not to exceed two hundred fifty dollars ($250.00). Each violation and each day of drilling, digging or development or use in violation of this chapter shall constitute a separate violation. In addition to the civil penalties, the town attorney, on behalf of the town of Winthrop, is authorized to seek to enjoin or restrain violations of this chapter, and in addition to statutory costs of suit, should the town of Winthrop obtain an injunction or restraining order against any person, firm or corporation violating the terms of this chapter, said person, firm or corporation shall be liable for reasonable attorney's fees incurred and costs of said civil action.
(Ord. 733 § 2, 2020)
The following groundwater wells are exempt from the provisions of this chapter:
A. 
Groundwater wells drilled for municipal purposes within the municipal limits by the town of Winthrop.
B. 
Groundwater wells that have been determined by the town council of the town of Winthrop to be in the best interest of the town of Winthrop, the town of Winthrop residents or the public at large, at the discretion of the town council, and as approved with conditions by the town of Winthrop, upon application and satisfaction of a conditional use permit pursuant to Section 17.36.045, following such procedures therein, explaining the location, circumstances and use of the proposed groundwater well, and being otherwise in conformity with state and local laws and regulations. Provided, that such conditional use permit may be sought even though groundwater well drilling, digging or development are not specifically identified in Table 17.16.010.
(Ord. 733 § 2, 2020)