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HomeMy WebLinkAbout3795 Ordinance ORDINANCE NO. 3_19S___19 AN ORDINANCE of the City of Pasco, Washington, amending Section 26.04.115 "Assignment of Water Rights for Subdivision of Land" and amending Section 13.36.070 "Assignment of Water Rights - Extension of City Water Services." WHEREAS, Ordinance No. 3547, approved by the Pasco City Council in 2002 and codified in PMC Chapter 26.04 and PMC Chapter 13.30.070, established the requirement that any subdivision of land or extension of a water main within Pasco that would use City-provided water must assign to the City any water right attached to the property or pay an equivalent fee to the City; and WHEREAS, owners of lands within the City zoned and designated for industrial use may be required, under the terms of Ordinance No. 3547, to assign more water rights to the City than would be commensurate with the industrial uses that may ultimately locate within the industrial subdivision; and WHEREAS, the City Council, after review of technical data regarding water use by land-use classification, finds that the requirement to assign water rights in conjunction with the division of land should apply only to residential subdivisions, as residential uses consistently utilize as much or more water than available through established water rights; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 26.04.115 entitled "Assignment of Water Rights for Subdivision of Land" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: A) As a condition for the approval of the subdivision of real property pursuant to PMC 26.24, 26.28; and 26.36—mo0, utilizing City provided water for residential consump potable or irrigation use within a residential subdivision, 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 applied irrigation water. (Ord. 3547 Sec. 2, 2002.) Section 2. 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 amended and shall read as follows: 13.36.070 ASSIGNMENT OF WATER RIGHTS - - EXTENSION OF CITY WATER SERVICES BEYOND CITY LIMITS. A) As a condition for the extension of a City water main pursiiant to PNIG 13.36.V30, y z 36 non and 13.3 ncn beyond the City limits as a primary source of City water for residential aeensu tion, irrigation, yes .,...........w. applie tie potable or irrigation used within a residential subdivision, 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 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. (Ord. 3547 Sec. 1, 2002.) Section 3. This Ordinance shall take full force and effect five (5) 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 16th day of October, 2006. .Ioy f Ma r ATTEST: APPRO AS T FORM: A0 Sandy Keiiwoithy Leland B. Kerr Deputy City Clerk City Attorney Ordinance Amending Section 26.04.115 and Section 13.36.070