Rules and Regulations - Ownership of Water

RULES AND REGULATIONS OF PUEBLO WEST METROPOLITAN DISTRICT
PUEBLO WEST, COLORADO

TITLE 14

OWNERSHIP OF WATER

Rules and Regulations concerning the ownership of all water supplied through District facilities, including return flow.

Article 1. GENERAL PURPOSE.

14.1.1 The general purpose of this title is to set forth the policy that all water supplied through the District facilities is owned by and is the property of the District. All return flow from use of such water remains the property of the District and is subject to the District's dominion and control.

Article 2. WATER AND SEWER SERVICE POLICY-RETURN FLOWS, EXCHANGE, RE-USE AND AUGMENTATION PLANS.

14.2.1 The District shall have dominion and control of all water supplied through its system, subject to reasonable use thereof by its customers in compliance with applicable water service agreements, inclusion agreements and these Rules and Regulations. Such dominion and control shall continue without interruption as to all waste water, return flows, run-off, sewage or tail water attributed to or originating in water supplied through District facilities. The District shall have the exclusive right to recapture such return flows, or claim credit therefrom for exchange, replacement, re-use augmentation, substitute, supply or any other lawful purpose, and the District's dominion and control over water shall continue to attach to all such return flows, even after they return to the ground. All of the return flows supplied through District facilities remain the property of the District. The District retains the sole authority to determine the yield of all water rights and augmentation plans which are offered to the District for any purpose.

Article 3. DEDICATION OF WATER RIGHTS.

14.3.1 All dedications of water and water rights shall be free and clear of any encumbrances, reservations or restrictions. No claim or reservation shall be made by any owner of property to be included into the District or by any applicant for water service for any reason for any portion of such water rights or return flows for or from any water rights or augmentation plans conveyed to the District. All rights to return flow from all water

furnished by the District for use by its customers shall belong to the District and shall be deemed to be continuously owned by and subject to the dominion and control of the District.

Article 4. LIMITATIONS ON USE.

14.4.1 All water furnished by the District is on leasehold basis only for the uses on the property designated in the tap permits, development plan and other applicable documents. If any use of the property is changed from that contemplated at the
time of issuance of the tap permit, a new tap permit shall be applied for and water will not be furnished for such new uses until such application is approved. Such right does not include the right to use water outside the designated lands, nor to re-use or otherwise dispose of the water. The water must be applied to beneficial use by the customer. Notwithstanding the use by the customer, the water is at all times the property and subject to the dominion and control of the District and all return flows remain the property of the District.