HomeMy WebLinkAbout4716 Ordinance - Amending PMC 13.15.030 and 13.45.060 Related to Water RightsOrdinance – Amending PMC 13.15.030 and PMC 13.45.060 - 1
ORDINANCE NO. 4716
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING PASCO MUNICIPAL CODE SECTION 13.15.030
CONNECTION OUTSIDE CITY LIMITS – WATER RIGHTS AND SECTION
13.45.060 ASSIGNMENT OF WATER RIGHTS–EXTENSION OF CITY
WATER SERVICES BEYOND CITY LIMITS.
WHEREAS, the City adopted Ordinance 4701A increasing the City Water Rights
Acquisition Fee as well as other significant changes to its Water Rights program; and
WHEREAS, Council desired additional public engagement, forming a Water Rights
Subcommittee to gather more comments and concerns from the public; and
WHEREAS, Water Rights Subcommittee conducted two public meetings; and
WHEREAS, Water Rights Subcommittee provided recommendations to the City Council
on April 22nd Council Workshop meeting.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That Section 13.15.030 entitled “Connection Outside City Limits – Water
Rights” of the Pasco Municipal Code is hereby amended and shall read as follows:
13.15.030 Connection Within or Outside City Limits – Water Rights
Any application for a new water service connection to serve real property located
within or outside the City limits of the City of Pasco, except for those properties
for which water rights, or payment in lieu of water rights, have been received by
the City pursuant to PMC 13.45.060, shall be conditioned upon the transfer to the
City of water rights associated with the property; or, if such water rights are not
available or are inadequate to meet the water needs of the property to be served,
upon payment to the City of a water rights acquisition fee in lieu of transfer,
determined as follows:
(1) Amount of Water Rights or Payment in Lieu. The amount of transferred water
rights or the fee in lieu of transfer pursuant to this section and PMC 13.45.060
shall be sufficient to serve the number of residential units supplied by the
connection for in-house domestic water service and irrigation water service
sufficient to cover 50 percent of the lot or parcel of real property to be served
by the water connection.
If the property to be served by City water service had a certificate, permit,
application , or asserted pre-code claim to a water right for withdrawal of
Ordinance – Amending PMC 13.15.030 and PMC 13.45.060 - 2
ground or surface waters, or such other water rights as may be appurtenant to
such property, including permit exempt well water rights, within ten years prior
to submittal to the City of a development proposal or application for City water
services post December 3rd, 2023, and the water rights are no longer available
for transfer to the City at the time of a development proposal or application for
City water services, a 50% surcharge shall be added to the water rights
acquisition fee.
Prior to accepting such assignment or transfer, the City is entitled to evaluate
the likely validity and transferability of rights offered for transfer, and to receive
technical assistance from the Department of Ecology on same. The City may
decline the offer of such assignment or transfer if it believes, following such
evaluation and/or technical assistance, that such rights are unlikely to be
successfully transferred for use by the City.
(a) Irrigation Water Service Available. If the property to be served by the City
is located within and served by the Franklin County Irrigation District, or
other public or private irrigation provider acceptable to the City for
landscaping irrigation purposes, the property shall continue to be served by
the District or other irrigation provider and the applicant for water service
shall only be required to transfer three-tenths acre-foot of water rights per
residential unit or its equivalent, or provide a payment in lieu for said
quantity as directed by subsection (3) of this section.
(b) Irrigation Water Service Unavailable. If the property to be served by the
City is not included within or served by the Franklin County Irrigation
District or other public or private irrigation water provider acceptable to the
City for landscaping irrigation purposes, the applicant for water service
shall be required to transfer three-tenths acre-foot of water rights per
residential unit or its equivalent and in addition, three and one-half acre-feet
per year per acre of irrigable land or fraction thereof, or provide a payment
in lieu for said quantity as provided in PMC 3.35.160. The requirement
relating to irrigable land cannot be waived on the basis that the current
owner or developer does not plan to irrigate said land.
(2) Excess Water Rights. To the extent the water rights associated with the subject
property exceed the anticipated water requirement for the subject property as
determined pursuant to subsection (1) of this section, the City in its sole
discretion may require the owner(s) of the subject property to transfer any
amount of the excess water rights to the City and the City shall pay the owner(s)
of the excess water rights transferred to the City an amount representing the
market value of the excess water rights as determi ned by subsection (3) of this
section, subject to the right of administrative appeal as provided in Chapter 1.30
PMC.
Ordinance – Amending PMC 13.15.030 and PMC 13.45.060 - 3
(3) Determination of Market Value for Payment in Lieu. The market value of water
rights shall be determined periodically by the City Engineer, but not less
frequently than every five two years, based upon a water rights market study or
similar investigation of the fair market value of perfected water rights that can
be transferred to the City.
(4) Security for Water Rights Transfers. Because the process for transferring water
rights to the City may involve applications to the Department of Ecology or a
water conservancy board and are subject to various legal standards and factual
investigations over which the City has no control, the City shall require security
in the form of a performance bond, deposit, or assignment of account in an
amount equal to the payment-in-lieu transfer as provided in subsection (1) of
this section, in the event that the water rights transfer is not successful. In the
event the water rights transfer is not approved, the security will be forfeited in
satisfaction of the obligation as provided in this section.
(5) Process, Costs and Forms Required for Transfer of Water Rights. If there are
water rights appurtenant to the subject property, they shall be assigned and
transferred to the City using forms approved by the City Attorney together with
the water rights transfer fee required by PMC 3.35.160 for that purpose,
including but not limited to the following: water rights transfer agreement,
assignment of water rights permit, conveyance of water rights claim or
certificate (deed), application to change water rights, and bond, deposit, or
assignment of account to secure payment in lieu of water rights if transfer of
the water rights is not approved. The applicant shall pay the water rights transfer
fee as provided in PMC 3.35.160, and shall provide the City with
documentation of the validity of the water rights as requested by the City
Engineer. If there are no water rights appurtenant to the subject property, the
applicant shall pay only the water rights acquisition fee in lieu of water rights.
Section 2. That Section 13.45.060 entitled “Assignment or transfer of water rights –
Provision of City water services within and beyond City limit” of the Pasco Municipal Code is
hereby amended and shall read as follows::
13.45.060 Assignment or transfer of water rights – Provision of City water
services within and beyond City limit.
(1) As a condition for the provision of City water service within or beyond the City
limits as a primary source of City water for potable or irrigation uses within a
residential subdivision or other development, any property owner or developer
of such property shall assign and or transfer by deed to the City any certificate,
permit, application, or claim to a water rights for the withdrawal of ground or
surface waters, or such other water rights as may be appurtenant to such
property, including permit exempt well water rights in the quantity and manner
set for in PMC 13.15.030. This assignment and transfer shall not apply to
individual services wells as are exempt from certification under the laws of the
State of Washington, or properties which receive sufficient irrigation water
Ordinance – Amending PMC 13.15.030 and PMC 13.45.060 - 4
services provided under a perfected water right from a City-approved irrigation
water service provider. Prior to accepting such assignment or transfer, the City
is entitled to evaluate the likely validity and transferability of rights offered for
transfer, and to receive technical assistance from the Department of Ecology on
same. The City may decline the acceptable of such assignment or transfer if it
believes, following such evaluation and/or technical assistance, that such rights
are unlikely to be successfully transferred for use by the City.
(2) In the event there are no water rights represented either by perfected application,
certificate, permit, application, claim, or other right for withdrawal appurtenant
to the real property benefited in subsection (1) of this section, the property
owner or developer shall pay to the City, in lieu thereof, a water rights
acquisition fee as established in the City Fee Summary Ordinance, Chapter 3.35
PMC.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or word
of this ordinance should be held to the invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance.
Section 4. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of ordinances or their sections and subsections.
Section 5. Effective Date. This ordinance shall take full force and effect five (5) days
after approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, on this 3rd day of June,
2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: Sunday, June 9, 2024