Chapter 7.05
WHITE RIVER – LAKE TAPPS RESERVOIR PROPERTY MANAGEMENT POLICY
Sections:
7.05.050 Policy on uses, activities, and/or improvements on Cascade’s Property.
7.05.010 Introduction.
A. Overview and Applicability.
This policy addresses management and use of property owned by Cascade Water Alliance (“Cascade”) as part of the White-River Lake Tapps Reservoir Project (“Project”). This policy provides government departments, municipalities, developers, lot owners, and the general public with tools that will assist all parties in resolving issues associated with development and/or activities at the Project.
This policy applies to property owned by Cascade as part of the Project, including: (A) Property adjacent to the Lake Tapps Reservoir and the waters of the Lake Tapps Reservoir, and (B) All other property owned by Cascade in association with the Project. For the purpose of this policy, this property is collectively referred to as “Cascade’s Property” and is further described in subsections (B) and (C), below.
B. Cascade Property Adjacent to the Lake Tapps Reservoir and Waters of the Lake Tapps Reservoir.
This portion of Cascade’s Property includes those lands subject to the 1954, 1957, and 1958 Deeds.
In the early 1900s, Puget Sound Energy (“PSE”) constructed the White River Hydroelectric Project which it operated until 2004. It owned the entire lakebed and shorelands and extensive lands surrounding the Lake Tapps Reservoir. In 1954, PSE conveyed most of the land surrounding the Lake Tapps Reservoir to the Lake Tapps Development Corporation (“LTDC”). At that time, PSE retained ownership of the land and lakebed below a specified elevation (“the 545-foot contour line”) but also agreed to allow certain recreational uses on that reserved property by the LTDC and its successors. The 545-foot contour line was described in the 1954 deed by referencing a bronze plaque embedded in the concrete floor of the gate house at the Lake Tapps Reservoir. That plaque is still used today by surveyors. Cascade developed a database that overlays the surveyed 545-foot contour line on the Pierce County assessor’s maps and is striving to make that database publicly available.
In 1957, PSE granted rights under the 1954 deed to a few other properties adjacent to the Lake Tapps Reservoir.
In 1958, when the parties realized they had mistakenly transferred the dikes to the LTDC, the LTDC reconveyed all but one of the dikes back to PSE to correct the error, and LTDC reserved an easement for crossing over the dikes to access the Reservoir for recreation by the owners of the property adjacent to the dikes. (Collectively, the 1954, 1957 and 1958 deeds are referred to as “the Deeds”.)
Currently, over 1,500 homes and several parks and homeowner association facilities surround the Reservoir. Those property owners are successors-in-interest to the LTDC.
Over the years, some property owners obtained easements or permits from PSE to use the Reservoir property below the 545-foot contour line (such uses include bulkheads, docks, landscaping areas, swimming areas, etc.) as a means for PSE to administer the rights granted by the Deeds. All these easements and permits remained subject to PSE’s ability under the Deeds to raise lake levels to the 545-foot contour line or to draw it down to any level and other limitations protecting PSE and its full use of the waters of the Lake Tapps Reservoir.
In 2009, Cascade became the successor-in-interest to PSE. Cascade now owns all lakebed and land below the 545-foot contour line (subject to the recreational uses allowed in the Deeds) and the dikes that surround the Lake Tapps Reservoir (subject to the uses of the dikes allowed under the 1958 deed), some of which may be subject to a written agreement between PSE and specific property owners.
In 2009, Cascade also entered into an agreement with the Lake Tapps community, agreeing to maintain a water level during the annual recreational period in a range called “normal full pool” between 541.5 feet and 543 feet (or 541 feet and 542.5 feet NGVD 1929). This determination of normal full pool was achieved through extensive modeling and negotiations to assure that all interests would be protected. With the storage capability of normal full pool, Cascade was able to agree with the community that provisions of recreational lake levels would take priority over the provision of municipal water supply. These elevations and priorities were included in the state water rights issued to Cascade in 2010. As a result, while Cascade still has the right under the 1954 deed to raise the lake to 545 feet, at this time, it has agreed to a normal full pool of up to 543 feet. In the future, for use of the Lake Tapps Reservoir for municipal water supply, Cascade plans to routinely maintain the lake level at 543 feet.
Under the Deeds, all property owners assume the risk of damage to their property as a result of Cascade lowering the level of the Lake Tapps Reservoir to any level or raising the lake levels to 545 feet, the high range of normal full pool reserved in the 1954 deed.
The Deeds provide recreational access to the waters of the Lake Tapps Reservoir. Access to the lakebed is limited to specific maintenance activities and the lakebed is not open to recreational use at any time, including during typical winter drawdown. In the winter of 2014-2015, Cascade drew the lake level down to under 500 feet for significant work on the Project infrastructure. In an effort to manage the potential for physical and financial risk, Cascade completely closed the Lake Tapps Reservoir to the public until the Reservoir was refilled to a recreational lake level in July. Future drawdowns may require similar closure of access to the Reservoir.
C. All Other Property Associated with the Project.
This portion of Cascade’s Property includes those lands owned by Cascade that contain the following components of the Project:
(1) The Upper Conveyance System, from the Cascade Headworks in Buckley, WA to the inlet to the Lake Tapps Reservoir in Bonney Lake, WA, consisting of facilities to divert water from the White River and convey it to the Lake Tapps Reservoir, including Headgates, concrete and open flowline, fish screens, settling basins, dikes, twin buried tunnels, valve house, and backflow preventer.
(2) The Lower Conveyance System, from the outlet of the Lake Tapps Reservoir to the White River in Sumner, consisting of water intake structure, pipeline, forebay, penstocks, Powerhouse, and Tailrace canal.
This portion of Cascade’s Property is closed to the public and trespassing law is enforced by local law enforcement agencies.
D. Dike Usage Policy.
This policy is a companion to the Dike Usage Policy adopted by the Cascade Board of Directors (Board) by Resolution 2011-04 (Chapter 7.10 CWAC). Management of the dikes is included in CWAC 7.05.050 as appropriate.
This portion of Cascade’s Property is closed to the public and trespassing law is enforced by local law enforcement agencies. [Res. 2020-07 § 2 (Att. A); Res. 2018-12 § 2 (Att. A); Res. 2012-03 § 2 (Att. A § 1)].
7.05.020 Policy goal.
The intent of this policy is to keep Cascade’s Property free of any obstructions and unauthorized use, activities and/or improvement to ensure that (A) existing improvements and commercial and non-commercial activities do not compromise dike integrity, water quality, environmental health or safety, and public enjoyment, or expose Cascade to legal or financial risk; and/or (B) any modifications or new improvements are (1) granted permission by Cascade and permitted by other agencies; (2) accomplished in a manner to maintain dike integrity, water quality, environmental health or safety, and public enjoyment; and (3) consistent with Cascade’s operation of the Project for water utility and recreational purposes. [Res. 2020-07 § 2 (Att. A); Res. 2018-12 § 2 (Att. A); Res. 2012-03 § 2 (Att. A § 2)].
7.05.030 Purpose of Project.
The Project is a major component of Cascade’s long-term water supply system. The objective of the system is to allow Cascade to provide – in a coordinated, cost-effective, and environmentally responsible manner – a safe, reliable, high quality municipal water supply that will meet the demands of its members and the Central Puget Sound region from a source that is sufficiently large, certain, and nonspeculative, and is available both for immediate, short-term use and for long-term use over a 50- to 100-year planning period.
The Lake Tapps Reservoir portion of the Project is currently used for recreation and as part of the flow regime that allows for the maintenance of the White River fishery and the Project. Those uses will continue during the future use of the Reservoir for municipal water supply. [Res. 2020-07 § 2 (Att. A); Res. 2018-12 § 2 (Att. A); Res. 2012-03 § 2 (Att. A § 3)].
7.05.040 Authority.
Cascade is a municipal corporation formed under the authority of Chapter 39.106 RCW for the purpose of its Members working together to plan, develop, and operate a water supply system and regional assets that will meet Cascade’s Members’ current and future drinking water needs. The Members of Cascade are as follows:
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City of Bellevue |
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City of Tukwila |
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City of Issaquah |
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Skyway Water and Sewer District |
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City of Kirkland |
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Sammamish Plateau Water and Sewer District |
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City of Redmond |
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The Joint Municipal Utility Services Agreement provides Cascade with authority to acquire, receive, own, manage, lease, and sell real property and to establish policies to carry out its powers. As holder of fee title of real property comprising the Project, Cascade establishes this policy to carry out the Purposes set forth in CWAC 7.05.030, consistent with rights granted and reserved under the Deeds. By resolution, the Board adopted this policy on February 22, 2012 and amended it on April 25, 2012; July 25, 2018; and July 22, 2020. [Res. 2020-07 § 2 (Att. A); Res. 2018-12 § 2 (Att. A); Res. 2012-07 § 52; Res. 2012-03 § 2 (Att. A § 6)].
7.05.050 Policy on uses, activities, and/or improvements on Cascade’s Property.
A. Uses, Activities, and/or Improvements – General.
Cascade may require the removal of uses, activities and/or improvements as it deems necessary for health or safety or to manage Cascade legal or financial risk exposure. Uses and/or improvements on Cascade Property are non-exclusive, do not establish property lines (or lateral lines) beneath the 545-foot contour line, and may require permits and approvals by local jurisdictions. Generally, Cascade will not intervene in disputes between homeowners.
B. Requests for Uses Activities and/or Improvements or Modification to Uses, Activities and/or Improvements.
Generally, permission from Cascade will be required to establish a new use, activity, and/or improvement or to modify a use, activity, and/or improvement. All such requests will be considered on a case-by-case basis to determine if (1) the requested use, activity, and/or improvement and/or modification are appropriate under the Deeds; and (2) the requested use, activity, and/or improvement has the potential to pose an operational danger or problem.
“Permission” granted by Cascade means the terms, conditions, limitations, and requirements under which persons may be allowed use of property owned by Cascade as part of the White River – Lake Tapps Project. Permission may be granted in the form of a license, a right-of-entry and access agreement, or another form as determined by Cascade on a case-by-case basis.
A license is a mechanism by which Cascade may grant permission to establish a new use, activity, and/or improvement, or to modify a use, activity, and/or improvement, pursuant to the Deeds described in CWAC 7.05.010(B). Cascade, at its discretion, may issue a license with a term to continue unless terminated for breach of license or as Cascade determines necessary for the operation of the Lake Tapps Reservoir as a municipal water supply.
A right-of-entry and access agreement is a mechanism by which Cascade may grant permission to establish a new use, activity, and/or improvement, or to modify a use, activity, and/or improvement, when Cascade determines that a license is not applicable or appropriate, such as when the requested use, activity, improvement, and/or modification is for a temporary term, or is not pursuant to the Deeds, or is proposed for an area that is closed to the public. Generally, Cascade will not require that public agencies obtain permission for entry to perform regulatory or permitting functions.
C. Unauthorized Use, Activities, and/or Improvements.
At its sole discretion, Cascade may take enforcement action regarding an unauthorized use, activity, and/or improvement, provided that Cascade will not take enforcement action against a use, activity, and/or improvement existing as of the date of the initial adoption of this policy (February 22, 2012) so long as the use, activity, and/or improvement does not compromise dike integrity, water quality, environmental health or safety, or public enjoyment, or expose Cascade to legal or financial liability.
The term “enforcement action” refers to a range of possible actions from requiring permission to requiring removal. If Cascade does take an enforcement action regarding an unauthorized use, activity, and/or improvement, the person(s) responsible for the unauthorized use, activity, and/or improvement will be required, at Cascade’s discretion, to remove the use, activity, and/or improvement from Cascade’s Property or to seek an appropriate permission. If the person(s) responsible for the unauthorized use, activity, and/or improvement refuses to remove the use, activity, and/or improvement or apply for permission, or such application is denied, Cascade may take necessary actions to ensure the use, activity, and/or improvement is removed and may seek reimbursement from the responsible person(s).
D. Implementation.
Table 1 lists the types of uses, activities, and/or improvements requested or observed on Cascade’s Property. Column A provides Cascade’s policy regarding each type of existing use, activity, and/or improvement noted to date. For the purpose of this policy, “existing” means use, activity, and/or improvement as it existed on the date of the initial adoption of this policy (February 22, 2012). Column B lists how requests to repair or modify uses, activities, and/or improvements will be addressed. Column C lists how requests for new uses, activities, and/or improvements will be addressed. Table 1 may be updated by Cascade’s chief executive officer, without further action of the Board.
Permissions may be granted in the form of a license, a right-of-entry and access agreement, or another form as determined by Cascade on a case-by-case basis.
Where indicated “Not allowed” or “Required removal”, Cascade has determined that the type of use and/or improvement cannot be allowed without jeopardizing the safe operation of the Lake Tapps Reservoir.
Where indicated “Generally not allowed”, Cascade, in its sole discretion in consultation with its consultants, will determine if an activity will be allowed on a dike. New requests will generally not be allowed on dikes. Cascade may grant exceptions for Dikes 3, 10 and 11 based on the provisions of the 1958 Deed with the affected adjacent property owners.
Where indicated “No action”, Cascade has determined, considering efficient use of its public resources, that it will generally take no action on either future requests or existing use and/or improvement.
Where indicated “Permission required”, Cascade will consider issuance of permission on a case-by-case basis. Cascade will review the particular request to determine if the proposed use, activity, and/or improvement is allowed under the Deeds or creates an operational danger or problem in the use of Lake Tapps Reservoir for water utility and recreational purposes.
Cascade may deny a request for any use, activity, and/or improvement if it determines, in its sole discretion, that such use, activity, and/or improvement is not consistent with this policy. If Cascade determines, in its sole discretion, that such use, activity, and/or improvement is acceptable, a license (or other permission) will be issued, conditioned on the following, as well as the conditions listed for use, activity, and/or individual improvement type as footnotes to Table 1:
1. Unless an individual license provides otherwise, the license will continue unless terminated by a breach of the license by the applicant or a determination by Cascade that termination of the license is necessary for the use of the Lake Tapps Reservoir for the operation as a municipal water supply. All other permissions are terminated as provided in the document.
2. Applicant showing it will protect against the operational dangers, problems, and/or concerns raised by Cascade (e.g., dike integrity, water quality, recreational safety), including providing professional opinions if required by Cascade, at applicant’s expense (e.g., dam engineer opinion).
3. Applicant will obtain and at all times comply with the requirements of all applicable jurisdictions (e.g., Washington Department of Fish and Wildlife, United States Army Corps of Engineers, Bonney Lake and/or Pierce County) for approvals and permits (e.g., building, zoning, shoreline, and/or environmental protection). Generally, modifications or repairs to uses, activities, and/or improvements that require a federal, state or local agency approval, require permission.
4. Applicant’s release of Cascade from all liability associated with the use and/or improvement, including flooding damage/destruction from Cascade’s right to raise the water level of the Reservoir to 545 feet or from wave action or damage/destruction from Cascade’s lowering or raising of the water level of the Reservoir.
5. Applicant’s full indemnification of Cascade.
6. Applicant’s proof of insurance (homeowner’s insurance and contractor’s proof of insurance if construction is involved) for specific use and/or improvement, naming Cascade as an additional insured, to be updated annually by the applicant.
7. The holder of a license may not sublet or assign the rights or obligations of the license; however, a license transfers with the licensee’s property and a purchaser or tenant must comply with the obligations. Cascade reserves the right to record any license against the licensee’s property so subsequent owners are on notice of their responsibilities. For all other permissions, the terms of assumption and assignment will be as provided in the document.
8. Other specific requirements as may be required by Cascade to achieve the goals of this policy.
9. Due to Cascade’s status as a public entity, and pursuant to Chapter 82.29A RCW, Cascade may be required by agencies administering State law or regulations to collect leasehold excise tax for some permissions, based on the fair market value of the right being utilized. Improvements are subject to either leasehold excise tax or property tax. The Pierce County assessor’s office conducts inspections, reviews permit records, and uses other tools to ensure property tax is levied on owner’s property as a whole (regardless of whether the improvements are located on the owner’s property or Cascade’s Property). Based on discussions with Pierce County, Cascade currently anticipates that the improvements will be subject to property tax rather than leasehold excise tax; however, this may change in the future. The permission will provide that the permittee must pay any leasehold excise tax or property tax determined due by taxing authorities on the permission itself or on the improvements constructed on Cascade’s Property under the license.
10. With the number of applications for permissions currently anticipated, Cascade will not charge an administrative fee for permissions but may require that the applicant pay for any professional services required in processing an application. If the number of applications becomes too great, Cascade may reevaluate this policy.
11. Any permission granted by Cascade grants nonexclusive rights consistent with the Deeds. Permissions do not grant rights to use Cascade’s Property to the exclusion of other homeowners. Permissions do not establish property lines (or lateral lines) beneath the 545-foot contour line, as such property is owned by Cascade. Permits and approvals by local jurisdictions may establish construction setbacks or limit areas of use. Generally, Cascade will not intervene in disputes between homeowners
12. The maintenance of the integrity of the dikes is paramount use. The Deeds grant to a few homeowners only the right to cross the dikes to reach the water. Use, activities, and/or improvements on the dikes may be restricted in any manner that Cascade deems appropriate including, but not limited to, for dike integrity.
As explained in subsection D, Table 1 lists the types of uses, activities, and/or improvements requested or observed on Cascade’s Property and associated Cascade policy. The applicant is expected to obtain all permits required by local and/or state regulators.
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No. |
THIRD PARTY USES, ACTIVITIES, AND IMPROVEMENTS ON CASCADE PROPERTY |
A. EXISTING (as prior to February 22, 2012) |
B. MODIFICATION/ REPAIR |
C. NEW REQUESTS |
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1 |
Boat Launch/Ramp (paved) |
Permission required on dikes, no action on other properties |
Permission required |
Not allowed on dikes, permission required on other properties |
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2 |
Boat/PWC Lifts |
Permission required on dikes, no action on other properties |
Permission required (1) |
Permission required, generally not allowed on dikes |
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3 |
Booms – Anchored (logs, barrels, plastic, etc.) |
Permission required on dikes, removal may be required on other properties (3) |
Permission required |
Not allowed |
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4 |
Bottom Barrier for Aquatic Plant Control |
N/A |
Permission required if mechanically installed or removed |
Permission required if mechanically installed or removed |
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5 |
Bridges and Causeways and Non-Paved Roads to Access the Water |
Permission required on dikes, no action on other properties |
Permission required |
Not allowed on dikes, permission required on other properties |
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6 |
Bulkheads |
Permission required on dikes, no action on other properties |
Permission required (4) |
Not allowed on dikes, permission required for other properties (4) |
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7 |
Buoys (5) |
No action as long as approved by County and State (5) |
No action as long as approved by County and State (5) |
No action as long as approved by County and State (5) |
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8 |
Commercial Uses and Activities |
Permission required (6) |
Permission required (6) |
Permission required (6) |
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9 |
Diving Platforms, Boards and Slides |
Permission required on dikes, no action on other properties (3) |
Permission required (3) |
Permission required, not allowed on dikes |
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10 |
Discharge |
Permission required on dikes, removal may be required on other properties (3) |
Permission required (7) |
Permission required (7), not allowed on dikes |
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11 |
Docks (including floating docks) |
Permission required on dikes, no action on other properties (8) |
Permission required (8) |
Permission required (8), generally not allowed on dikes (2) |
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12 |
Fences |
Permission required on dikes, no action on other properties |
Permission required |
Not allowed on dikes, permission required on other properties |
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13 |
Fill (below 545' line) |
No action |
Permission required |
Not allowed on dikes, permission required on other properties |
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14 |
Houses/Garages |
Permission required |
Permission required |
Not allowed |
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15 |
Landscape Improvements (Hardscape, e.g. patios, stairs/steps, retaining walls) |
Permission required on dikes, no action on other properties |
Permission required |
Permission required, generally not allowed on dikes (2) |
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16 |
Landscape (Vegetation) |
No action |
Permission required (9) |
Not allowed on dikes, permission required on other properties (9) |
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17 |
Litter (garbage cans placement) |
Required removal |
Not allowed |
Not allowed |
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18 |
Recreational Items (e.g., swimming platforms, firepits, horseshoe pits, etc.) |
Permission required on dikes, no action on other properties |
Permission required |
Permission required, generally not allowed on dikes (2) |
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19 |
Rope Swings |
Required removal |
Not allowed |
Not allowed |
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20 |
Structures (e.g., carports, storage sheds and decks) |
Permission required on dikes, no action on other properties |
Permission required |
Not allowed on dikes, permission required on other properties |
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21 |
Utility Pipes or Wires |
Permission required |
Permission required |
Not allowed on dikes, permission required on other properties |
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22 |
Vehicles (motorized – electric, gas) |
Permission required on dikes, required removal on other properties |
Not allowed |
Not allowed |
FOOTNOTES
(1) New or modified boatlifts must use non-oil-based technology.
(2) Cascade, in its sole discretion in consultation with its consultants, will determine if an activity will be allowed on a dike. New requests will generally not be allowed on dikes; however, Cascade may grant exceptions for Dikes 3, 10 and 11.
(3) Cascade may require removal as it deems necessary for health or safety, or to manage Cascade legal or financial risk exposure, or for any operational purpose.
(4) Cascade recommends that, when constructing or modifying bulkheads, adjacent property owners consider that the lake level will be up to 543 feet.
(5) Buoys may be allowed only for the personal use of owners of the property adjacent to the Lake Tapps Reservoir and must be located as near to the shore of that adjacent property as practical. Cascade may disallow or require the removal of any buoy it deems to create an operational danger or problem in the use of Lake Tapps Reservoir for water utility, navigation, and recreational purposes. All buoys require state approval and either Pierce County or City of Bonney Lake approval. In accordance with county and city codes, no more than one moorage buoy is allowed per parcel. Buoys for ski courses are not allowed.
(6) Commercial activity, including uses, activities, and/or improvements, will be allowed, at Cascade’s sole discretion, only through a concession agreement with Bonney Lake or Pierce County in association with their park properties at the Lake Tapps Reservoir. For all other commercial activity not in association with a park property, at Cascade’s sole discretion: (a) the commercial activity may be allowed only if such activity is allowed by state and local regulations applicable to the applicant’s parcel, which must be adjacent to the proposed commercial activity, an (b) in addition, for Column C, any new request would only be allowed in conjunction with a legally established commercial use, activity and/or improvements in existence prior to the date established under Column A.
(7) Any point source or non-point source discharge onto the Property which Cascade determines has a potential to adversely impact water quality and/or quantity not allowed.
(8) Docks are solely for the personal use of the adjacent property owner. Cascade may limit dock size to protect Project purposes.
(9) Permission for vegetation required only if required by Bonney Lake or Pierce County, as applicable.
[4/20/21 district memo; 1/12/21 district memo; Res. 2020-07 § 2 (Att. A); Res. 2018-12 § 2 (Att. A); Res. 2012-03 § 2 (Att. A § 5)].