§ 18-149. Colorado River floodway.

Since the Colorado River floodway has, under flood conditions, proven to be an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply to the Colorado River floodway, in addition to the basic requirements of divisions 2 and 3 of this article:

(1)

Encroachments, including fill, new construction, substantial improvements, and other development, are prohibited. Necessary river control, water conservation, power, water quality structures and related works, and improvements and alterations to approved structures associated with allowed uses of the floodway under subsection (2) of this section are excluded from this prohibition if they follow the national flood insurance program floodway revision process described in the Code of Federal Regulations at 44 CFR 65.12 for a conditional letter of map revision and the proposed project is reviewed and concurred with by the U.S. Bureau of Reclamation and approved by the community. Within six months of the completion of the approved project, the as-built data for the project must be submitted for a letter of map revision to ensure the accurate depiction of the Colorado River floodway on the flood insurance rate maps.

(2)

Allowed uses of the floodway may include functions and uses that serve the public interest and that are compatible with the floodway operation and that will not cause a rise in the Colorado River base flood elevation. These may include river control, water conservation and diversion, power, and water quality structures and related works; remedial or corrective actions, including, but not limited to, drainage facilities to assist in controlling adjacent high groundwater conditions caused by flood flows; public and tribal roads; military activities; fish and wildlife enhancement projects; navigational aids; emergency action assistance; public health assistance; compatible public, private, and tribal recreational developments such as parks, golf courses, docks, and boat launching ramps; and compatible agricultural uses that do not include permanent crops which would constitute an obstruction to river flood flows.

(3)

The floodplain administrator shall require permits for proposed development that is allowed by section 18-150(1). The proposed development must be reviewed and concurred with by the U.S. Bureau of Reclamation to ensure compatibility with the floodway operation prior to approval of the permit(s).

( Ord. No. 2000-00 , § 7.2, 11-6-2000; Ord. No. 2014-01 , § 7, art. 2, 5-19-2014)