HomeMy WebLinkAbout3547 Ordinance f
ORDINANCE NO. 3547
AN ORDINANCE of the City of Pasco, Washington, Providing
for the Assignment of Water Rights Upon the Extension of City
Water Services and Incident to the Subdivision of Land.
WHEREAS, the City of Pasco is experiencing a period of significant
growth which has the potential to exceed the permitted or certificated water
rights held by the City to service its residents, and
WHEREAS, State law requires that as a condition for the approval of the
subdivision of land, there must be a demonstrated sufficient supply of water for
irrigation and domestic purposes, and
WHEREAS, the property that is to be developed within the City either by
the extension of City water services or its subdivision, will place an additional
demand upon City water services and the City's capacity to provide water
services by certificated permits and such property may have appurtenant
thereto water rights which if assigned to the City, can be utilized to augment
the City's water rights enhancing its capacity to serve these properties, and
WHEREAS, it is necessary to secure such water rights to provide
adequate assurance of water to the residents of the City and to encourage the
conservation of drinking water by insuring the availability of irrigation water for
landscaping purposes on these properties; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1. That Section 13.36.070 entitled "Assignment of Water Rights -
- Extension of City Water Services" of the Pasco Municipal Code shall be and
hereby is created and shall read as follows:
13.36.070 ASSIGNMENT OF WATER RIGHTS - - EXTENSION OF CITY
WATER SERVICES.
A) As a condition for the extension of a City water main pursuant to
PMC 13.36.030, 13.36.040 and 13.36.050, as a primary source of City water
for residential consumption, irrigation, fire suppression, or commercial
application, any property owner or developer of such property shall assign and
transfer to the City any perfected application, certificate, permit or right for the
withdrawal of ground or surface waters, or such other water rights as may be
Ordinance Creating Sections 13.36.070 and 26.04.115 - 1
appurtenant to such property in such quantities as is sufficient to serve the
real property benefiting from the water line extension. This assignment and
transfer shall not apply to individual service wells as are exempt from
certification under the laws of the State of Washington, or properties which
receive sufficient irrigation water services provided under a perfected water
right from a City approved irrigation water service provider.
B) In the event there are no water rights represented by perfected
application, certificate, permit or right for withdrawal appurtenant to the real
property benefited in Section A) above, 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 3.07. Such fee may be waived by
implementation of a soil additive program, approved by the Director of Public
Works, that provides for the retention of 30% or more of the applied irrigation
water.
Section 2. That Section 26.04.115 entitled "Assignment of Water Rights
for the Subdivision of Land" of the Pasco Municipal Code shall be and hereby is
created and shall read as follows:
26.04.115 ASSIGNMENT OF WATER RIGHTS FOR SUBDIVISION OF
LAND.
A) As a condition for the approval of the subdivision of real property
pursuant to PMC 26.24, 26.28, 26.36 and 26.40, utilizing City provided water
for residential consumption, irrigation, fire suppression, or commercial
application, any property owner or developer of such property shall assign and
transfer to the City any perfected application, certificate, permit or right of
withdrawal of ground or surface waters, or such other water rights as may be
appurtenant to such property in such quantities as is sufficient to serve the
real property. This assignment and transfer shall not apply to individual
service wells as are exempt from certification under the laws of the State of
Washington, or properties which receive sufficient irrigation water services
provided under a perfected water right from a City approved irrigation water
service provider.
B) In the event, there are no water rights represented either by
perfected application, certificate, permit or right for withdrawal appurtenant to
the real property benefited in Section A) above, 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 3.07. Such fee may
be waived by implementation of a soil additive program, approved by the
Director of Public Works, that provides for the retention of 30% or more of the
Ordinance Creating Sections 13.36.070 and 26.04.115 -2
applied irrigation water.
Section 3. This Ordinance shall take full force and effect five days after
its approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington and
approved as provided by law this Td day of June, 2002.
Michael L. G son, Mayor
ATTEST: APPROVED AS TO FORM:
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Webster U. Jackson, City Clerk Leland B. Kerr, City Attorney
Ordinance Creating Sections 13.36.070 and 26.04.115 -3