Colorado § 29-20-103 - Definitions.

§ 29-20-103. Definitions.

As used in this article, unless the context otherwise requires:

(1) "Development permit" means any preliminary or final approval of an application for rezoning, planned unit development, conditional or special use permit, subdivision, development or site plan, or similar application for new construction; except that, solely for purposes of part 3 of this article:

(a) Each application included in the definition of development permit constitutes a stage in the development permit approval process; and

(b) "Development permit" is limited to an application regarding a specific project that includes new water use in an amount more than that used by fifty single-family equivalents, or fewer as determined by the local government.

(1.3) "Fire and emergency services provider" means a fire protection district organized under article 1 of title 32, C.R.S., or a fire authority established pursuant to section 29-1-203.5.

(1.5) "Local government" means a county, home rule or statutory city, town, territorial charter city, or city and county.

(2) "Power authority" means an authority created pursuant to section 29-1-204.

Source: L. 74: Entire article added, p. 353, § 1, effective May 17. L. 2001: (2) added, p. 597, § 3, effective May 30. L. 2001, 2nd Ex. Sess.: (1) amended and (1.5) added, p. 27, § 2, effective November 6. L. 2008: (1) amended, p. 1559, § 1, effective May 29. L. 2013: (1) amended, (SB 13-258), ch. 255, p. 1348, § 2, effective May 23. L. 2016: (1.3) added, (HB 16-1088), ch. 259, p. 1059, § 2, effective June 8.

Cross references: For the short title ("Public Safety Fairness Act") in HB 16-1088, see section 1 of chapter 259, Session Laws of Colorado 2016.

ANNOTATION

The term "new water use" as used in subsection (1)(b) includes water put to a different purpose. The phrase refers to the use of additional quantities of water as well as the use of a similar quantity of water for a different purpose. Thus, a "development permit" as referenced in § 29-20-303 (1) includes approval of an application for a specific project where either (1) an additional use of water is required in the threshold amount set forth in subsection (1)(b), or (2) an amount of water exceeding the threshold set forth in subsection (1)(b) is to be used for a different purpose. Hajek v. Bd. of County Comm'rs for Boulder, 2020 COA 28, 461 P.3d 665.

Approval of landowner's application for site plan review was within the meaning of subsection (1)(b) of this section and thus triggered § 29-20-303 (1). The proposed operation required building new structures. Because the proposed structures were intended to facilitate the operation, which included water use, building the new structures necessarily implicated any "new water use" associated with the operation. Hajek v. Bd. of County Comm'rs for Boulder, 2020 COA 28, 461 P.3d 665.