Chapter 13.25
WATER RIGHTS
Sections:
13.25.020 Conveyance of water.
13.25.030 Timing of conveyance of water.
13.25.040 Application to transfer water rights.
13.25.050 Purchase of CWP water.
13.25.060 Eligibility to bank water rights or purchase CWP water.
13.25.080 Warranty of water rights.
13.25.090 Suspension of entitlement to banked water rights.
13.25.100 Banked water rights – Responsibilities of owner.
13.25.110 Limited liability of the city.
13.25.120 Allocation of banked water or CWP water.
13.25.130 Transfer of banked water rights or CWP water.
13.25.140 No credit for banked water rights.
13.25.150 Transfer restriction on banked water rights or CWP water.
13.25.160 All transfers final.
13.25.180 Request for determination of ownership.
13.25.190 Appeal of mayor’s decision.
13.25.200 Appeal of city council’s decision.
13.25.010 Definitions.
“Accounting” means a ledger account prepared by the city tracking the allocation and use of the water rights transferred to the city.
“Allocate” means the process by which the city assigns portions of a water right transferred to the city to new connections within the city.
“Banked water right” means that portion of any water right that has been transferred to the city but has not been allocated for a specific use by the city.
“City” means Eagle Mountain City, Utah.
“CWP water” means Central Utah Water Conservancy District Development Project water purchased by Eagle Mountain City from the Central Utah Water Conservancy District.
“Grantor” means the person deeding a water right to the city.
“Owner” means the person having the legal right to direct the city to allocate any portion of a banked water right.
“Person” means any individual, nonprofit or profit corporation, partnership, sole proprietorship, or other type of business organization.
“State Engineer” shall mean the person designated as State Engineer under Section 73-2-1, Utah Code Annotated 1953.
“Transfer” means the act of assigning ownership of a banked water right entitlement to another person.
“Water right” means a valid and unencumbered water right capable of use in the city water system.
“Water rights deed” means a deed for the transfer of water rights in the form approved by the city. [Ord. O-04-2013 (Exh. A); Ord. O-38-2006 § 1].
13.25.020 Conveyance of water.
In accordance with Chapter 13.20 EMMC, all persons desiring to connect to the city’s water system must either purchase CWP water from the city or convey to the city title to water rights in the amounts set forth in Chapter 13.20 EMMC. [Ord. O-04-2013 (Exh. A); Ord. O-38-2006 § 2].
13.25.030 Timing of conveyance of water.
The conveyance of water for any residential use shall occur prior to the recordation of a subdivision plat or record of survey approval by the city council, and the conveyance of water for nonresidential use shall occur at any time prior to the issuance of a building permit for the nonresidential use. [Ord. O-04-2013 (Exh. A); Ord. O-38-2006 § 3].
13.25.040 Application to transfer water rights.
Any person desiring to transfer a water right to the city shall complete and submit to the city a city-approved application to transfer water rights and pay an application fee as established by the city. [Ord. O-04-2013 (Exh. A); Ord. O-38-2006 § 4].
13.25.050 Purchase of CWP water.
Any person desiring to purchase CWP water from the city shall enter into a public water supply agreement and pay any applicable fees and costs as established in the consolidated fee schedule. [Ord. O-04-2013 (Exh. A)].
13.25.060 Eligibility to bank water rights or purchase CWP water.
Only persons owning property in the city or an interest in an entity owning property in the city and anticipate that the water will be allocated in conjunction with the development of property in the city in the reasonably near future are eligible to bank water rights with the city or purchase CWP water. [Ord. O-04-2013 (Exh. A); Ord. O-38-2006 § 5. Formerly 13.25.050].
13.25.070 Water rights.
The city attorney shall review all applications to transfer water rights to the city. Only water rights meeting the following terms and conditions shall be approved for transfer:
A. The water right is approved for use in the city;
B. The person proposing to transfer the water right to the city has title to the water right free and clear of any financial encumbrances; and
C. The order or memorandum decision of the State Engineer related to the use of the water right does not contain any conditions or restrictions affecting the use of the water right that are not acceptable to the city. [Ord. O-04-2013 (Exh. A); Ord. O-38-2006 § 6. Formerly 13.25.060].
13.25.080 Warranty of water rights.
Any person transferring water to the city shall warrant that the water right is valid and not encumbered by any other persons. In the event that any water right transferred to the city shall become forfeited or encumbered, except when the city is responsible for the forfeiture or encumbrance, the grantor and any subsequent owner of the entitlement to the water right shall immediately:
A. Cure any defaults or encumbrances; or
B. Transfer to the city sufficient water rights to replace that portion of such water rights that has been allocated by the city. [Ord. O-04-2013 (Exh. A); Ord. O-38-2006 § 7. Formerly 13.25.070].
13.25.090 Suspension of entitlement to banked water rights.
In the event that any banked water right shall become forfeited or encumbered, except when the city is responsible for the forfeiture or encumbrance, the entitlement to such banked water right shall be suspended until such encumbrance is cured. Forfeiture of any banked water right shall result in the permanent loss of entitlement to the banked water right for both the owner and any party with an interest in the banked water rights. [Ord. O-04-2013 (Exh. A); Ord. O-38-2006 § 8. Formerly 13.25.080].
13.25.100 Banked water rights – Responsibilities of owner.
The owner of a banked water right shall notify the city attorney in writing at least 30 days but not more than 60 days prior to the deadline to file any extension, nonuse application, or any other action related to a banked water right. The owner shall be responsible for the payment of all costs associated with the filing of an extension, nonuse application, or related action, including reasonable attorney’s fees. [Ord. O-04-2013 (Exh. A); Ord. O-38-2006 § 9. Formerly 13.25.090].
13.25.110 Limited liability of the city.
The city shall only be responsible for the forfeiture of a water right if the city receives notification of a deadline to file an extension, nonuse application, or related action as set forth in EMMC 13.25.100, and negligently fails to file such extension, nonuse application or other action. [Ord. O-04-2013 (Exh. A); Ord. O-38-2006 § 10. Formerly 13.25.100].
13.25.120 Allocation of banked water or CWP water.
Upon written request of the owner of a banked water right or CWP water in a form acceptable to the city attorney the city shall allocate all or a portion of a banked water right or CWP water as requested by the owner. [Ord. O-04-2013 (Exh. A); Ord. O-38-2006 § 11. Formerly 13.25.110].
13.25.130 Transfer of banked water rights or CWP water.
Upon written request of the current owner of record in a form acceptable to the city and payment of the water transfer fee, the city shall transfer the entitlement to a banked water right or CWP water to a subsequent owner. [Ord. O-04-2013 (Exh. A); Ord. O-38-2006 § 12. Formerly 13.25.120].
13.25.140 No credit for banked water rights.
A banked water right or CWP water shall not be used as a credit or offset against any other fees or cost. [Ord. O-04-2013 (Exh. A); Ord. O-38-2006 § 13. Formerly 13.25.130].
13.25.150 Transfer restriction on banked water rights or CWP water.
Any person taking a security interest in a banked water right may notify the city in writing of such person’s interest in the banked water right. All notices of a security interest in a banked water right shall be directed to the city attorney and shall contain the name, address and telephone number of the secured party. Notice of the secured interest shall only be valid upon written acknowledgment by the city attorney of receipt of such notice. Prior to the transfer or allocation of any banked water right for which the city has received a valid notice of security interest, the city shall notify the secured party in writing of such proposed transfer or allocation not less than five business days prior to the transfer or allocation of the banked water right. [Ord. O-04-2013 (Exh. A); Ord. O-38-2006 § 14. Formerly 13.25.140].
13.25.160 All transfers final.
The city shall not return or transfer to any person a water right that has been transferred to the city. A banked water right only entitles the owner of such right to allocate the banked water right for use in the city water system and creates no other rights or interest. [Ord. O-04-2013 (Exh. A); Ord. O-38-2006 § 15. Formerly 13.25.150].
13.25.170 Public information.
All information submitted to the city in accordance with this chapter and all information concerning the transfer, banking or allocation of water rights or CWP water shall be considered a public record. [Ord. O-04-2013 (Exh. A); Ord. O-38-2006 § 16. Formerly 13.25.160].
13.25.180 Request for determination of ownership.
Any person that claims an interest in a banked water right or CWP water right may file a petition with the mayor requesting a decision as to the person entitled to transfer or allocate the banked water right. The mayor, in conjunction with the city attorney, shall make a written determination of the owner of the banked water right within 30 days of such request. The city may restrict the transfer or allocation of a banked water right until the person claiming an interest in the water right has had an opportunity to appeal the mayor’s decision. [Ord. O-04-2013 (Exh. A); Ord. O-38-2006 § 17. Formerly 13.25.170].
13.25.190 Appeal of mayor’s decision.
Any person aggrieved by the mayor’s decision regarding the owner of a banked water right may appeal the determination to the city council as follows:
A. The appellant shall set forth in writing the basis and legal authority for the request.
B. An appeal under this section shall be brought within 30 calendar days of the date of the mayor’s decision. All appeals shall be filed in the city recorder’s office.
C. No later than three days after receiving a notice of appeal, the city recorder shall schedule a hearing before the city council which shall be held no sooner than 15 days and no later than 30 days from the date of the filing of the appeal.
D. At the hearing, the city council shall allow the parties to testify, present evidence and comment on the issues. The city council may allow other interested persons to comment on the issues.
E. The city council shall make a determination on any appeal within five business days after the hearing. The city council shall issue a signed decision regarding the owner of the banked water right. The decision of the city council shall include a statement of reasons for the decision. [Ord. O-04-2013 (Exh. A); Ord. O-38-2006 § 18. Formerly 13.25.180].
13.25.200 Appeal of city council’s decision.
Any person may appeal the final decision of the city council to the district court, in accordance with the Utah Rules of Civil Procedure, within 30 days after the date of such decision. [Ord. O-04-2013 (Exh. A); Ord. O-38-2006 § 19. Formerly 13.25.190].