Chapter 13.12
PRIVATE WATER SYSTEMS

Sections:

13.12.010  Prohibited generally.

13.12.020  Existing wells.

13.12.030  Permit--Issuance conditions.

13.12.040  Unlawful construction or maintenance of private drainage well or pond.

13.12.050  Unlawful construction or maintenance of wells.

13.12.010 Prohibited generally.

The use of private water wells as a source of domestic, commercial, industrial, or agricultural water within the city is prohibited and made unlawful except in the circumstances set forth in Sections 13.12.020 and 13.12.030.  (Prior code §11-301).

13.12.020 Existing wells.

When the well and service are presently in existence, the same may be continued, but there shall be no increased capacity or service added thereto except on a permit issued in accordance with the provisions of Section 13.12.030.  (Prior code §11-301(A)).

13.12.030 Permit--Issuance conditions.

The superintendent of public works shall issue the permit after approval by the city council for temporary use only, when the city council by resolution finds the existence of the following conditions:

A. There is no existing water service available to the property from the city municipal water system;

B. An application has been submitted to the city for water service from its municipal system, and the application has been denied under the provisions of this code.

C. The owner of the private water system has entered into a written contract with the city on a form prescribed by the city agreeing to the discontinuance and capping of the well or, in the case of an existing well, the discontinuance of the increased capacity or service, on notice by the superintendent of public works that water service is available to the subject property from the municipal water system;

D. The property involved is not the subject matter of a new or contemplated subdivision of land or the division or redivision of land not amounting to a subdivision; or in the alternative, a private source of water supply for the subdivision of land or division or redivision of land not amounting to a subdivision has been approved pursuant to the provisions and procedures of the subdivision regulations of the city, Title 16;

E. Written approval for the well is obtained from the county health officer.  (Prior code §11-301(B)).

13.12.040 Unlawful construction or maintenance of private drainage well or pond.

The construction or maintenance of a private drainage well or drainage pond in the city other than as a part of an approved subdivision of land or division or redivision of land not amounting to a subdivision pursuant to the provisions and procedures of Title 16 is declared unlawful and a public nuisance.  (Prior code §11-302).

13.12.050 Unlawful construction or maintenance of wells.

The construction or maintenance of wells in the city for the exploration or production of oil, gas, or other hydrocarbons is declared unlawful and a public nuisance.  (Prior code §11-303).