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.
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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 �
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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