NOTE: The governor signed this measure on 5/23/2013.
      
      
      SENATE BILL 13-258
      
      
      BY SENATOR(S) Hodge, Tochtrop;
      also REPRESENTATIVE(S) Moreno, Hullinghorst, Lebsock.
      
      
      Concerning a clarification that each application included in the
           definition of development permit constitutes a stage in the
           development permit approval process.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 29-20-301, add (1) (c)
      and (1) (d) as follows:
      
           29-20-301.  Legislative declaration. (1)  The general assembly:
      
           (c)  Finds that it is necessary to clarify that, where a local
      government makes a determination whether an applicant for a
      development permit has demonstrated the proposed water supply
      is adequate to meet the needs of the development in accordance
      with the requirements of this part 3, the local government, in its
      sole discretion, not only makes the determination but also
      possesses the flexibility to determine at which stage in the
      development permit approval process the determination will be
      made; and
      
           (d)  Further finds that it is also necessary to clarify that
      the stages of the development permit approval process are any of
      the applications, or any combination of the applications, specified
      in section 29-20-103 (1) as determined by the local government, and
      that none of the stages are intended to constitute separate
      development permit approval processes for purposes of section
      29-20-303.
      
           SECTION 2.  In Colorado Revised Statutes, 29-20-103, amend (1)
      as follows:
      
           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.
      
           SECTION 3.  Applicability. This act applies to applications for
      development permits that are either pending on or are submitted on or after
      the effective date of this act.
      
           SECTION 4.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ____________________________  ____________________________
      John P. Morse                         Mark Ferrandino
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO