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HomeMy WebLinkAbout4160 OrdinanceORDINANCE NO. '4 ! &- AN ORDINANCE of the City of Pasco, Washington, Creating a New Section 13.16.012 "Connection Outside City Limits - Water Rights "; amending Section 13.36.070 entitled "Assignment of Water Rights - Extension of Water Services Beyond City Limits "; Creating a New Section 13.36.075 "Installation of Irrigation Lines - Extension of City Water Service Beyond City Limits "; and amending Section 3.07.160 I) "Water Rights Acquisition Fee - per acre." WHEREAS, the City of Pasco requires as a condition of extension of City water service beyond City limits that property owners or developers assign and transfer water rights to the City that are appurtenant to such property, or alternatively to pay a water rights acquisition fee; and WHEREAS, the rapid growth of the City has created increased demands for City water not only within the City, but also within the developing area around the City; and WHEREAS, the City Council has commissioned the preparation of a Water Resources Plan for the purpose of establishing a Plan that most efficiently uses the City's existing water resources, assets and its domestic and irrigation rights; and providing for water rights to be included in all new developments brought into the City, as well as increase in the use of non - potable water for irrigation, easing the demand for potable water use; and to provide for the acquisition and more efficient use of water rights; and WHEREAS, the City has been required to secure additional water rights and will need to secure additional water rights to meet the present and anticipated future demand for potable water; and WHEREAS, the City has secured a Water Market Value /Acquisition Cost Study demonstrating the increase of costs of water rights, together with the present valuation to determine the costs of acquiring the necessary water rights required to serve future development; and WHEREAS, in order to insure that new water connections outside of the City limits do not deplete the City's water rights and provide the City with adequate funds to purchase water rights needed to supply water connections outside the City limits, the procedures and costs need to be more fully defined; and WHEREAS, the City has by its own investigation and demonstrated by the Water Market Value /Acquisition Cost Analysis, determined that a significant difference in consumption of potable water is evident between those residential connections that are served by an outside irrigation water source and those that are not so served; therefore, it is reasonable to adopt different water rights transfer or fee -in -lieu requirements for those new water users outside the city who utilize potable water for irrigation and those who have an alternate source of irrigation water available. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a new Section 13.16.012 entitled "Connection Outside City Limits - - Water Rights" of the Pasco Municipal Code shall be and hereby is created and shall read as follows: 13.16.012 CONNECTION OUTSIDE CITY LIMITS - - WATER RIGHTS. Any application for a new water service connection to serve real property located 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 13.36.070, 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 right acquisition fee in lieu of transfer, determined as follows: A) 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 Section 13.36.070 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 fifty percent (50 %) of the lot or parcel of real property to be served by the water connection. (1) 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 (0.3) acre -foot of water rights per residential unit or its equivalent, or provide a payment in lieu for said quantity as directed by Subsection C below. (2) 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 (0.3) acre -foot of water rights per residential unit or its equivalent and in addition, three and one -half (3.5) acre -feet per year per acre of irrigable land or fraction thereof, or provide a payment in lieu for said quantity as provided in Section 3.07.160 I). 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. B) 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 subsection A, 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 determined by subsection C, subject to the right of administrative appeal as provided in Chapter 1.17 PMC. Water Rights — Page 2 C) 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 (5) 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. D) Security for Water Right 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 A above, in the event that the water right transfer is not successful. In the event the water right transfer is not approved, the security will be forfeited in satisfaction of the obligation as provided in this Section. E) 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 3.07.160 I) for that purpose, including but not limited to the following: water right transfer agreement, assignment of water right permit, conveyance of water right 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 3.07.160 I), and shall provide the City with documentation of the validity of the water right 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 13.36.070 entitled "ASSIGNMENT OF WATER RIGHTS - - EXTENSION OF CITY WATER SERVICES BEYOND CITY LIMITS" of the Pasco Municipal Code shall be and hereby is amended to 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 beyond the City limits as a primary source of City water for potable or irrigation used uses within a residential subdivision or other development, any property owner or developer of such property shall assign and transfer to the City any per-feete�d applioation,, certificate, permit or claim to a water right for the withdrawal of ground or surface waters, or such other water rights as may be appurtenant to such property including exempt well water rights, in the quantity and manner set forth in Section 13.16.012. nggi Water Rights— Page 3 B) In the event there are no water rights esent°derfeeted app'•eation-, eeftifiEate, permit of right for withdfawal appurtenant to the real property defined 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, or upon appropriate notice recorded with the real property ubject to development defer payment in lieu to the time of application for connection of the new water service serving real property as provided by PMC 13.16.012. This water right acquisition fee shall be in addition to any other water rates or charges as established in the City Fee Summary Ordinance, Chapter 3.07. Stieh fee may be waived by implementation of a sail additive pregram, approved by the Direeter ef Pti-blie Works that ides for- the retention o f 300 f the d f � , p." ., v i errrrorc o��-rr°c ccpPr'rc�r'rrrrgcccrvrr�rutcr C) Excess Water Rights. To the extent the water rights associated with the subject roperty exceed the anticipated water requirement for the subject provertv, the Citv, in its sole discretion, may require the owners of the subject property to transfer any amount of excess water rights to the City, and the Cit spay the owners of the excess water rights transferred to the City an amount representing the market value of the excess water as determined pursuant to PMC 13._16.012(C), subject to the right of administrative appeal as provided in Chanter 1.17 PMC. (Ord. 3795, 2006; Ord. 3547 Sec. 1, 2002.) Section 3. That a new Section 13.36.075 entitled "Assignment of Water Rights - - Installation of Irrigation Lines" of the Pasco Municipal Code shall be and hereby is adopted and shall read as follows: 13.36.075 ASSIGNMENT OF WATER RIGHTS - - INSTALLATION OF IRRIGATION LINES. As a condition of permitting the extension of City water main lines beyond the City limits for the purpose of division or development of real property for residential use not served by an existing irrigation water provider, the property owner or developer of such property shall provide such necessary easements, as approved by the Director of Public Works, or his designee, for the location of irrigation service components, and install irrigation service main lines to provide the availability of irrigation water to each lot to be created by the division or subdivision of land or benefitted by the extension of the City water mains prior to the approval of any application for a new water service connection to the property. In the event the irrigation water services are not available for connection to the irrigation lines required above, such lines shall be tested, sealed, and buried with the ends clearly marked to facilitate their connection when irrigation water services are available. Section 4. That Section 3.07.160 I), entitled "WATER RIGHTS ACQUISITION FEE - PER ACRE" of the Pasco Municipal Code, shall be amended and shall read as follows: Fee /Charge Reference I) Water Rights Acquisition Fee - per acre foot $1,725.00 13.36.070(B) 26.040.115(B) 1) Base Water Rights Acquisition Fee ($1,725.00 per acre foot x potable use Water Rights— Page 4 factor .30 = $517.50 per residential unit). 2) Potable Water Irrigation Fee (no irrigation water available) shall be equal to 50% of the area of the lot or parcel to be served expressed in acres or portions of acres, x 3.5 acre feet of water x $1 ,725.00 (per acre foot). 3) Water Rights Transfer Fee $1,000.000. (Ord. 4139, 2014; Ord. 3961, 2010; Ord. 3827, 2007; Ord. 3693, 2004; Ord. 3655, 2004; Ord. 3610, 2003; Ord. 3575, 2002; Ord. 3553, 2002; Ord. 3543, 2002.) Section 5. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law, whichever shall last occur. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this 7—day of , 2014. Matt Watkins, Mayor 7U—a-'� ebbie C ar ,City Clerk Appro e as to Form: Leland B. Kerr, City Attorney Water Rights — Page 5