§ 25-8-367. RELOCATION OF SHORELINE BETWEEN TOM MILLER DAM AND LONGHORN DAM.

(A)

This section applies:

(1)

along the Colorado River;

(2)

between Tom Miller Dam and Longhorn Dam; and

(3)

below a contour elevation of 435 feet above mean sea level.

(B)

City council approval is required to relocate existing earth material in the area described in Subsection (A).

(C)

A person may request approval under this section by filing an application with the council that includes a plan showing the proposed layout of the relocation and a legal description of the property.

(D)

The applicant must demonstrate to the council that:

(1)

approving the application will not:

(a)

endanger a water supply, water supply system, storm or sanitary sewer facility, or other public utility facility;

(b)

create a hazard to navigation or swimming;

(c)

create a hazard to the safety, maintenance and operation of a dam, bridge, or other structure not owned by the applicant; and

(d)

materially and adversely affect the use and enjoyment of other property on the Colorado River between the Tom Miller Dam and Longhorn Dam; and

(2)

if similar applications were granted for all similarly situated properties, the water storage or flood capacity of the Colorado River basin would not be materially reduced.

Source: Section 13-7-49; Ord. 990225-70; Ord. 031211-11; Ord. No. 20160922-048 , Pt. 7, 10-3-16.