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Division 1 General
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Whenever in this Chapter the words hereinafter defined or construed in this Article are used, they shall, unless the context requires other uses, be deemed to have the following meanings:

Annexation means the act of attaching, adding, joining or uniting a parcel of land to the legal entity known as the Town of Frederick.

Applicant means any individual, partnership, association, organization or corporation requesting water service from the municipal water system of the Town.

Appurtenant means belonging to, accessory or incident to, adjunct, appended, annexed to or used in conjunction with.

Board of Trustees means the Board of Trustees of the Town of Frederick, Colorado.

Bulk water loading station means a Town-operated facility constructed for the purpose of loading water tank trucks. All water delivered shall be metered and the fee therefor collected at the time of delivery.

Change in land use shall include expansion of an existing use.

Consolidated billing means the practice of billing any customer or consumer of utility services as described in this Chapter, including water, residential waste and recycling collection and storm water drainage, in which such billing consolidates into one (1) statement usage and service fees for two (2) or more utility services coordinated by the Town to serve a subject property.

Construction hydrant meter means a Town-authorized temporary metering device placed upon a fire hydrant or other Town water supply source by which a construction contractor may obtain water to be used during the construction process of a development. A cash deposit based on the current cost of repairing and/or replacing a hydrant and hydrant meter, as established by Town staff, shall be required from the contractor for each construction hydrant meter to assure its return in good working order.

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 adopted Building Code.

Extension of water service means any extension of the Town water service for 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, on a form approved by the Town Engineer, which sets forth the following information concerning each water right proposed for dedication to the Town:

(a) The names and addresses of the owners;

(b) The amount of each water right or the number of shares of stock;

(c) 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;

(d) 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;

(e) A copy of the documents by which the present owners 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;

(f) A copy of all diversion records for each water right proposed for dedication to the Town (unless this requirement is waived by the Town); and

(g) 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.

Multi-family means a development of buildings or portions thereof which contain three (3) or more dwelling units.

Native water means water historically applied to beneficial use within or near the Town’s planning area and that can be used by and is acceptable to the Town.

Owner means any person owning water-using property.

Person means any individual, partnership, association, corporation, municipality, organization or any other legal entity, public or private.

Single-family equivalent unit ("SFE" or "S.F.E.") 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 (3) persons, having a lot area of not more than seven thousand (7,000) square feet and having not more than three thousand five hundred (3,500) square feet irrigated area. The S.F.E. unit value assigned to such average dwelling unit is 1.0. The S.F.E. unit value assigned to any particular dwelling unit may be greater than, equal to or less than 1.0. The S.F.E. 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.

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 Article. 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 uses, 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 Frederick, Colorado.

Town Manager means the Town Manager of the Town of Frederick, Colorado.

Town water service or water service means treated water service or native water service furnished by the Town, Left Hand Water District or Central Weld County Water District within the Town limits or by special agreement to persons outside the Town limits, to any person, water-using property or water-using unit for any purpose, including but not limited to domestic, commercial and industrial uses.

Transfer of water rights means the conveyance of legal title to water rights to the Town.

Water bank means an accounting system whereby water rights may be transferred to the Town in return for a credit in acre-feet established in the name of the owner of those water rights. The credit may subsequently be assigned to any parcel within the Town or sold to other parties for use within the Town.

Water court transfer fee means the estimated cost per S.F.E. 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 credit means the number of acre-feet, or the number of SFEs, for which dedication credit is provided by the Town for the dedication of a particular acceptable water right to the Town.

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.

Water system means the water system owned and/or operated by the Town.

Water-using property means any real estate within or without the Town on which a water-using unit is located or intended or desired to be located, which shall use or intend to use water from the municipal water system of the Town.

Water-using unit means any space, any structure or building, movable, fixed or otherwise, or any part or parcel of the same for which a separate water rate is applicable, as hereinafter set forth in this Chapter or, in the alternative, any space, any structure or building, movable, fixed or otherwise, or any part or parcel thereof having or being equipped with a device, fixture or method for using water. (Ord. 1312 §1, 2019)