Pursuant to the authority granted to the city under section 37-90-137(8), C.R.S., the city hereby asserts the exclusive right to withdraw for beneficial use all groundwater from the Dawson, Denver, Arapahoe, Laramie-Fox Hills, and Dakota aquifers which underlies any and all land within the corporate limits of the city as they existed on January 1, 1985, and declares that all affected landowners do hereby consent to any and all such future withdrawals. (Ord. 698 §2, 1986)

Upon the effective date hereof, the owners of all land which overlies such groundwater hereby appropriated shall be deemed to have consented to the withdrawal by the city of all such groundwater, except that no such consent shall be deemed to be given with respect to any such portion of land if:

(A) Water service to such portion of the land is not reasonably available from the city and no plan has been established by the city allowing the landowner to obtain an alternative water supply;

(B) Said groundwater has been conveyed or reserved or consent to use such groundwater has been given or reserved in writing to anyone other than the city and such conveyance, reservation, or consent is properly recorded before the effective date hereof;

(C) Consent to use of such groundwater has been given to anyone other than the city by the lawful effect of an ordinance or resolution adopted prior to January 1, 1985;

(D) Such groundwater has been decreed or permitted to anyone other than the city prior to the effective date hereof; or

(E) Such portion of the land is not being served by the city as of the effective date hereof and such groundwater is the subject of an application for determination of a right to use groundwater filed in the water court prior to July 1, 1985. (Ord. 698 §2, 1986)

The drilling of any water well and the installation of any water well casing or pump by any person within the corporate limits of the city is hereby expressly prohibited without the written consent of city council. For any water well not in existence on the effective date of this provision of this code, the extraction or diversion of water from any such water well within the corporate limits of the city by any person is hereby expressly prohibited without the written consent of city council. The provisions of this section shall not apply to water wells constructed by or under the direction of the city. (Ord. 698 §2, 1986)