Sec. 138-154. Use of independent water system; cross connection; use of Dawson Aquifer.
(a) It shall be unlawful for any person to develop or use for any purpose, except as approved in writing by the general manager, including domestic and irrigation uses, within the city limits, any independent water system as defined in this article.
(b) Notwithstanding any other provisions of this article, those persons who have existing wells, either shallow or deep, or any other valid water rights for use within the city limits, as of the effective date of the ordinance codified in this section, and those persons who filed notice of lack of consent to the city's use of water under their land, within the period established by the water court, water division no. 1, for filing such notice, shall be allowed to use such wells or water rights. However, the use of such wells or water rights for any purpose shall not permit cross connection between such private service line and a service line carrying water from the public water system as prohibited in subsection (c) of this section.
(c) It shall be unlawful for any person to have a cross connection between a private service line carrying private well water or other private water with a service line carrying water from the public water system, or in any other manner endangering or contaminating the public water system. If, after notice and informal hearing, a violation of this section is found to exist, Aurora Water is authorized to forthwith disconnect the cross connection or to terminate water service to the premises until such time as disconnection of the offending cross connection can be accomplished, in addition to any other penalties provided for a violation of this article.
(d) The following shall apply to the area within one-half mile of section 6, township 5 south, range 65 west of the sixth principal meridian in the city in Arapahoe County:
(1) It shall be unlawful for any person to drill, develop, or use any wells in the Dawson Aquifer within one-half mile of the exterior boundaries of section 6 until such time as the Environmental Protection Agency's groundwater remedy for the Lowry Landfill superfund site has been implemented consistent with the record of decision and the agency's five-year performance review of the remedy has occurred, as determined by the city council. This prohibition shall not apply to wells that are used for monitoring groundwater quality, extracting groundwater for remediation, or reinjecting treated groundwater.
(2) After the five-year performance review has occurred and the Environmental Protection Agency reports that the remedy is protective at the compliance boundary, the prohibition against drilling wells in the Dawson Aquifer shall expire; provided, that the drilling or use of such wells within one-half mile of the boundaries of section 6 shall only occur with the approval of the city.
(3) There are adopted by this reference the state primary drinking water regulations, promulgated by the state board of health and found in volume 5 of the Colorado Code of Regulations 1007-3, as amended, which regulations shall apply to water quality at the point of use in the following categories:
a. Community drinking water systems;
b. Noncommunity drinking water systems; and
c. Systems with fewer than 15 service connections or which regularly serve an average of fewer than 25 persons fewer than 60 days of the year and providing well water for ordinary household purposes, the watering of poultry, domestic animals, and livestock on farms and ranches, and the irrigation of home gardens and lawns.
Records of water quality monitoring required by the drinking water regulations shall be kept and shall be made available to the city upon request. (Code 1979, § 39-70; Ord. No. 2023-44, § 7, 9-11-2023; Ord. No. 2018-57, § 2, 10-29-2018; Ord. No. 2005-74, § 1, 10-10-2005)