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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: 42 4 2��] <- Zi io'll Webster U. Jackson, City Clerk Leland B. Kerr, City Attorney Ordinance Creating Sections 13.36.070 and 26.04.115 -3