Chapter 13.10
WATER UTILITY SERVICES
Sections:
13.10.010 Purpose – Administration.
13.10.015 Availability of service.
13.10.020 Water connection outside city limits prohibited – Exceptions.
13.10.030 Design and construction standards.
13.10.035 City is exclusive provider of water.
13.10.040 Water connection – Requirements – Inspection.
13.10.050 Service pipes – Protection from freezing.
13.10.060 Rates to be established by resolution.
13.10.070 Water rates – Fire hydrant meters.
13.10.100 Adoption of state regulations.
13.10.110 Adoption of Accepted Procedure and Practice in Cross-Connection Control Manual.
13.10.120 Implementation of cross-connection control program.
13.10.130 Prevention of backflow and back-siphonage.
13.10.220 Fire hydrant – Obstruction prohibited.
13.10.230 Fire hydrant – Unauthorized use prohibited.
13.10.010 Purpose – Administration.
To establish policies and regulations specific to the provision of water utility services within the city of Cashmere. This chapter shall be administered by the “city water code administrator,” or his/her authorized designee, who shall be a person employed by the city and appointed by the mayor to serve in such capacity. All references to “administrator” contained in this chapter shall be interpreted as a reference to the city water code administrator. (Ord. 1226 § 1, 2014; Ord. 1211 § 1, 2013; Ord. 945 § 34, 1999).
13.10.015 Availability of service.
The provision of city water service is dependent on the available water sources and water distribution facilities as well as available wastewater facilities. The city is not required to install a water service line in areas not within the city’s designated service territory, or areas not served by the existing water distribution system, or to provide a requested amount of water where the water system or the wastewater treatment system is inadequate to handle the increased demand that would result from the applicant’s proposed use of water or wastewater services. (Ord. 1226 § 1, 2014; Ord. 1132 § 1, 2008).
13.10.020 Water connection outside city limits prohibited – Exceptions.
A. No new water lines and no new water service connections or water utility services shall be allowed, approved, or extended outside the city limits of Cashmere, Washington, unless approved by the Cashmere city council after receipt of documentation acceptable to the city confirms that either (1) sufficient additional water rights have been or will be transferred to the city to serve and support all potential uses of the real property to which the water service is to be connected, or (2) payment has been or will be made to the city to enable the city to purchase sufficient additional water rights to serve and support all potential uses of the real property to which the water service is to be connected, all as provided in CMC 13.10.025.
B. The rates for water utility services furnished to property located outside the city limits of Cashmere, Washington, shall apply to services and connections until such time as the property is annexed to the city.
C. Water utility services shall not be provided to any property that is not connected to the city of Cashmere wastewater utility service. (Ord. 1226 § 1, 2014; Ord. 1211 § 2, 2013; Ord. 1101 § 1, 2007; Ord. 945 § 35, 1999).
13.10.025 Definitions – Annexation – Determinations of water rights and usage – Transfer of water rights required or payment in the alternative – Appeal – Form of transfer.
A. Definitions. For purposes of this section, the following words and terms shall have the following meanings:
1. An “applicant” shall mean the property owner(s) involved in the action that triggers the transfer of water rights under this section, whether that be through annexation or through a permit or approval process, all as more fully described in this section.
2. The phrase “potential uses of the real property,” as used in this chapter, shall mean the uses permitted under city zoning regulations applicable to the real property, or in the case of real property proposed for annexation to the city, the uses permitted under city zoning regulations that would apply to the real property upon annexation.
3. A “utility extension” shall mean an extension of domestic water or wastewater service by an applicant within the meaning of Chapter 13.01 CMC that triggers the requirement for the applicant to enter into a utility extension agreement with the city before the city will provide water service to the applicant.
4. A “water right” shall mean and include all of the various types of water rights or rights to water that are appurtenant to or associated with the real property that is subject to this section (excluding shares in an irrigation district formed pursuant to Chapter 87.03 RCW), and shall include all associated real and personal property interests in and to the water rights at issue, which rights include, but are not necessarily limited to, permits, certificates, and claims issued by or on file with the Washington State Department of Ecology, or any of its predecessors.
B. Annexation. Prior to approval of any annexation of land to the city through a petition method of annexation, water rights associated with the property proposed for annexation shall be transferred to the city, subject to the provisions in this section. Alternatively, the city and the applicant may enter into an agreement, at the election of the city, for the transfer to the city of the water rights associated with the annexing property at such future point in time as the city determines appropriate. The purpose of the future transfer provision is to accommodate potential delays encountered in the process to transfer the water rights to the city, the submission of an application within the scope of subsection C of this section, or continued use of water rights associated with uses in existence at the time of annexation and anticipated to continue until further development of the annexation area property occurs. As part of the agreement, the city may require (1) the applicant to acquire adequate water rights and transfer the same to the city, and/or (2) the applicant to deposit an amount of money into the city water fund not to exceed the payment in lieu of transfer provided in subsection F of this section, which sum is refundable, without interest, in the event there is a successful transfer of water rights pursuant to the agreement referred to herein.
C. Short Plats, Subdivisions, Binding Site Plans, Planned Developments, and Other Permits.
1. Upon application for a short plat, subdivision, binding site plan or planned development, the owner of the property that is the subject of the application shall transfer water rights associated with the property to the city, subject to the provisions in subsection F of this section. Alternatively, at the election of the city, the owner and city may enter into an agreement to transfer the water rights to the city at a later time. The purpose of this deferment provision is to accommodate (a) potential delays encountered in the process to transfer the water rights to the city, or (b) the continued use of the water rights associated with uses in existence at the time of the application and anticipated to continue until further development of the property that is the subject of the application. As part of the agreement, the city may require (a) the property owners to acquire adequate water rights and transfer the same to the city, and/or (b) the property owners to deposit an amount into the city water fund equal to the payment in lieu of transfer provided in subsection F of this section, which sum is refundable to the extent of the successful transfer of the water rights.
2. Upon application for a building permit (except for a single-family residence) on an existing lot of record, the owner of the property shall transfer water rights consistent with subsection (C)(1) of this section or, alternatively, the city may forgo the water right transfer and require a payment in lieu of the water right as set forth in subsection F of this section.
3. As part of the determination made pursuant to this subsection, the city shall take into consideration and provide appropriate credit for property that previously complied with the provisions of this section.
D. Water Use Determination. The amount of water rights to be transferred to the city pursuant to subsections B and C of this section shall be sufficient to serve the estimated equivalent residential units (“ERUs”) of water usage of the potential uses of the real property in the area that is the subject of the annexation or application based upon the city’s regulations applicable to (or, in the case of an annexation, that will be applicable to) development of the property in effect at the time the petition for annexation or the application is submitted. In the event the applicant desires to irrigate common areas, open space, recreational areas, and the like, with water provided through the city’s domestic system, then the water demand for said features shall be converted to ERUs by the city water code administrator (working with the city engineer and the city attorney) for purposes of determining how much additional water the applicant must transfer to the city for said uses. The determination of how much water the city will deliver to the property at issue (expressed in ERUs) shall be made by the city water code administrator (working with the city engineer and city attorney) and the determination communicated in writing to the applicant within 40 days of the city’s receipt of a valid petition for annexation triggering subsection B of this section, or a complete application is received triggering subsection C of this section. In the case of an annexation or the extension of water service outside of the city limits, in no event shall the ERUs of anticipated water usage be less than the number of ERUs required for potential uses of the real property that would apply if the property were annexed. In calculating the amount of water rights that must be transferred to the city, credit shall be provided for any existing and previously approved connections to the city’s municipal water system that are currently in use on the subject property. In addition, if the applicant has an exempt well or wells and desires to transfer the water rights associated with said wells, as currently provided for in RCW 90.44.105, then credit shall also be provided for the water use associated with said wells to the extent the water rights associated with said wells are successfully transferred to the city.
E. Excess Water Rights. To the extent the water rights associated with the subject property exceed the anticipated water usage for the subject property as determined pursuant to subsection D of this section, and the city is interested in acquiring the excess water rights, the city and the applicant may agree as follows with respect to any such excess water rights: (1) to transfer any amount of the excess water rights to the city and, in exchange, the city shall pay the applicant for the excess water rights to be transferred to the city an amount of money agreed upon by the city and the applicant, or (2) to transfer the excess water rights to the city in exchange for ERU credits associated with water provided through the city’s domestic water system to be applied to other property owned by the applicant within the city’s approved urban growth area, subject to the provisions of this section. In the event the excess water rights are transferred to the city, the transfer will be processed simultaneously with and as a part of the transfer process outlined in subsection J of this section, and the city shall be responsible for the proportionate share of the transfer costs attributable to the excess water rights, as agreed to by the city. The intent of this subsection E is to provide the city with a means to acquire excess water rights that are no longer needed by the applicant.
F. Payment in Lieu. In the event: (1) no water rights are associated with the property that is the subject of an annexation or a subsection C of this section application; or (2) the water rights associated with said property are less than the city water code administrator (working with the city engineer and city attorney) determines to be sufficient to serve the estimated ERUs of anticipated water usage for the property that is subject to the requirements of this section as determined by the city water code administrator pursuant to subsection D of this section; or (3) the water rights successfully transferred to the city are less than the city water code administrator (working with the city engineer and city attorney) determines to be sufficient to serve the estimated ERUs of anticipated water usage for the property that is subject to the requirements of this section as determined by the city water code administrator pursuant to subsection D of this section; or (4) a building permit application is sought (except for a single-family residence) and the city does not require water rights to be transferred as set forth in subsection (C)(2) of this section, then the city may elect to have the owner(s) of the subject property pay to the city, at the then current market value as determined by the city water code administrator (working with the city engineer and city attorney), a sum of money that represents the current market value of the water rights the city estimates will be necessary to serve the property as determined in accordance with the provisions of subsection D of this section.
G. Payment of Costs. The applicant shall pay the city for all costs associated with (1) the city’s determination and evaluation of the anticipated water demand and usage for the subject property and, if determined to be necessary by the city, the current market value of each ERU of water, and (2) completing the transfer of the water rights to the city consistent with this section. If the applicant is making a payment to the city in lieu of transferring water rights to the city, then the applicant shall also pay the city’s estimated costs of processing the future transfer and acquisition of the water rights. The term “costs” as used in this subsection shall include, but is not limited to, city staff time, engineering fees, attorneys’ fees, application fees, Chelan County water conservancy board fees (if applicable), publication fees, and any other fees or charges associated with processing and recording the transfer and acquisition of water rights.
H. Commitment by City. Effective upon the date the water rights are successfully transferred and conveyed to the city as required by this section, and for a period of 10 years thereafter, the city shall make available to the property that was subject to the application of this section water usage in amounts at least equal to the amount of water usage: (1) transferred to the city by the applicant, or (2) paid for by the applicant pursuant to this section. The requirement of the city to make available this water usage shall not be construed to require the city to construct any city water system extensions or improvements that may be necessary to serve said property or the applicant. Any such city water system extensions or improvements shall be constructed by the owner of said property at the owner’s expense. Nothing herein precludes the city from making commitments to provide municipal water service as part of an annexation agreement, when the owner of property subject to the annexation is required to pay some sum to the city as set forth in subsection F of this section. In the event (1) a building permit is denied solely because of water unavailability, and (2) the property for which said building permit is sought was previously subject to the provisions of this section resulting in a transfer and conveyance of water rights or the payment in lieu thereof to the city (which payment has not been refunded by the city), then the party seeking the building permit, as the sole and exclusive remedy, shall receive a payment equal to the ERU(s) originally attributed to the property identified in the building permit at the value established at the time of the original application (all as determined by the city water code administrator), without interest from the date of the original application.
I. Appeal. Any decision identified in this section to be made by the city water code administrator will be reviewed by the city council; provided the affected applicant serves a written notice to the city requesting the review within 14 calendar days of the issuance of the written recommendation of the city water code administrator. If a written notice requesting review is not timely served upon the city, then the city water code administrator’s recommendation shall be the final decision of the city. If a written notice requesting review is timely served on the city, the city council shall review the recommendation of the city water code administrator and issue a final decision within 30 calendar days of the service of the notice requesting review on the city. Any final decision within the limited scope of this section may be appealed for abuse of discretion by filing an appeal in the Chelan County superior court within 21 calendar days of the date of the final decision.
J. Form of Transfer. The transfer of water rights pursuant to this section shall be in such forms as may be approved by the city. Owners of property transferring water rights pursuant to this section shall execute all documents required by the city and/or any other governmental entity that may be necessary to achieve the purposes of this section. Those documents may include, but are not limited to, change in point of diversion, change in place of use, change in purpose of use, and any other documents or forms. The city will diligently pursue approval of the water right transfer. In order for a water right transfer to be completed, the water right transfer must (1) ultimately be approved by the Department of Ecology and all appeal periods must have expired without challenge, and (2) be changed to a municipal water right. The owner(s) of the property transferring water rights pursuant to this section must convey the water right to the city by statutory warranty deed or other appropriate conveyance instrument, as determined by the city, upon completion of the water right transfer; provided, however, that the actual conveyance may be delayed to coincide with the city’s approval of the petition for annexation or application described in this section, or as otherwise set forth in an agreement between the property owner(s) and the city. (Ord. 1226 § 1, 2014; Ord. 1211 § 3, 2013; Ord. 1103 § 1, 2007).
13.10.030 Design and construction standards.
All water system designs, materials, excavations, back-filling and patching of roads or sidewalks and workmanship for extension of water mains and service connections up to the point of delivery shall comply with the specifications contained within the City of Cashmere Design Standards Manual. (Ord. 1226 § 1, 2014; Ord. 945 § 36, 1999).
13.10.035 City is exclusive provider of water.
A. The city shall be the exclusive provider of water in the city. With the exception of wells that are drilled as a part of the city water system, no new wells shall be drilled in the city for any purpose.
B. Existing private wells in the city may continue to be used for domestic water service as they are used as of December 13, 2021, without expansion, and may continue to be so used until the city domestic water service is available to the property served by the private well. Upon availability of city water service to the property served by the private well, all domestic use of the private well shall cease, and the domestic use water service for the property shall be provided by a connection to the city water system installed at the expense of the property owner and shall be treated by the city the same as any other new connection to the city water system for billing purposes. For purposes of this section, city domestic water service shall be deemed available when a city water line is located within a city easement or within a city right-of-way abutting the property served by the private well. (Ord. 1308 § 1, 2021).
13.10.040 Water connection – Requirements – Inspection.
All live taps into the city water main and installation of water meters shall be made only by city personnel except by written permission of the water code administrator. All other trenching and lines necessary for service connections shall be made by the property owner with inspection and approvals by the city for all work conducted between the main and the point of delivery (meter). (Ord. 1226 § 1, 2014; Ord. 945 § 37, 1999).
13.10.050 Service pipes – Protection from freezing.
It is the responsibility of the homeowner to notify the city water department and Chelan County public utilities district before attempting to thaw frozen pipes using electrical thawing equipment. The city is in no way responsible for damage caused to any real or personal property or fixtures by electrical wiring or equipment used to thaw pipes, or for damages caused on account of any frozen pipes whatsoever.
No refund of utility charges will be allowed on account of frozen pipes. (Ord. 1226 § 1, 2014; Ord. 945 § 38, 1999).
13.10.060 Rates to be established by resolution.
The city council shall establish and, as deemed appropriate, amend by resolution rates to be paid for water service and consumption, connection fees, system development charges and other related fees.
The city is authorized to sell water from the city standpipe at the corner of Mission Avenue and Woodring Street at a rate to be set by the city council. (Ord. 1226 § 1, 2014; Ord. 1145 § 2, 2009; Ord. 945 § 39, 1999).
13.10.070 Water rates – Fire hydrant meters.
The water code administrator may issue a permit for connecting to a fire hydrant for water necessary during construction of streets, subdivisions, or other public works projects. Any such connection shall be easily removable to allow emergency access by the fire department. Rates for water from a fire hydrant shall be set by resolution of the city council. (Ord. 1226 § 1, 2014; Ord. 945 § 40, 1999).
13.10.100 Adoption of state regulations.
The rules and regulations of Chapter 248-54 WAC pertaining to public water supplies, as presently set forth therein or as such rules and regulations may be amended from time to time in the future, are hereby adopted by this reference and incorporated herein as though fully set forth. (Ord. 1226 § 1, 2014; Ord. 945 § 41, 1999).
13.10.110 Adoption of Accepted Procedure and Practice in Cross-Connection Control Manual.
The most recent edition of the Accepted Procedure and Practice in Cross-Connection Control Manual, published by the Pacific Northwest Section, American Waterworks Association, is adopted by this reference and incorporated herein as though fully set forth. (Ord. 1226 § 1, 2014; Ord. 945 § 42, 1999).
13.10.120 Implementation of cross-connection control program.
The city water code administrator or designee shall be responsible for implementation of the cross-connection control program. In implementing the program, any authorized representative of the city may take action as required. (Ord. 1226 § 1, 2014; Ord. 945 § 43, 1999).
13.10.130 Prevention of backflow and back-siphonage.
To prevent backflow or back-siphonage, the following are the minimum requirements:
A. If the city supplies water to a premises having an auxiliary water supply, such as well water, or irrigation ditch water, there shall be required an approved double check valve assembly at the service connection.
B. If the city supplies water to a premises on which there is an auxiliary water supply and/or the handling of chemicals, or liquids in piping systems where internal cross-connections that are not correctable or intricate plumbing arrangements which make it impractical to the city to ascertain whether or not cross-connections exist, there shall be required a reduced pressure type backflow prevention device at the service connection.
C. If the city supplies water to a premises on which materials dangerous to health or wherein toxic substances are handled, there shall be installed a reduced pressure type backflow prevention device at the service connection. Additional anti-syphon devices may be required at other locations within the premises to avoid cross-contamination of water supplies.
D. If the city supplies water to premises whose entry is physically restricted so that inspection for cross-connections cannot be made sufficient to assure that cross-connections do not exist, there shall be installed a reduced pressure backflow prevention device at the service connection.
E. If the city supplies water to premises on which any substance that is not a health hazard but is under pressure so as to enable entry into the public water supply or where a cross-connection could reasonably be expected to be present, there shall be installed a double-check valve assembly at the service connection.
F. If the city supplies water to premises having a repeated history of cross-connections being established or reestablished, water service shall be discontinued until the cross-connection is remedied and a reduced pressure backflow prevention device is installed at the service connection. (Ord. 1226 § 1, 2014; Ord. 945 § 44, 1999).
13.10.140 Inspections.
The control of cross-connections requires cooperation between the customer and the city. Avoiding and eliminating cross-connections and sanitary hazards requires inspection of all new and existing buildings, structures and grounds by the city and an inspection program shall be conducted as outlined below.
A. New and Proposed Construction.
1. Upon application for water connection to a new or proposed building which exceeds 30 feet in height or is considered to be a possible cross-connection health hazard, there shall be required in addition to said application, in writing, the size, type and location of any and all backflow devices pertaining to the premises to be submitted to the city water department.
2. Before connection to the water system of the city, all backflow devices and possible cross-connections shall be examined by an authorized water department representative.
3. Water connection will be allowed by the city only after approval in writing by the authorized water department representative.
B. Existing Buildings, Structures and Premises.
1. Based upon identification and assessment of potential cross-connection hazards in the water system, an initial inspection of all premises receiving water from the city will be conducted by an authorized representative of the water department certified in cross-connection control by the Department of Social and Health Services.
2. The inspection shall proceed according to the following steps:
a. A letter will be sent to each commercial metered customer explaining the program and stressing the relationship between cross-connections and water-borne disease epidemics, types of health hazards in cross-connections normally to be found and will include also the duties and liabilities of the owners or managers of the premises and the rules and regulations applicable to them. The letter shall also include a brief checklist of desired information, including, but not limited to, the type of water used on the premises, auxiliary water supplies, chemicals used and certain types of fixtures installed. The information shall be returned to the water department.
b. Based upon the known information of the commercial customer’s operations and the information received from the commercial customer, an inspection schedule will be prepared based upon the degree of hazard present.
c. No less than 10 days prior to the scheduled date of inspection, a letter will be directed to the commercial customer requesting an appointment with the owner/manager of the premises to discuss the necessity for the inspection and other pertinent matters.
d. On the appointed date and time, the city water code administrator will meet the owner/manager and explain the purpose of the inspection, request permission to make the inspection, suggest to the owner/manager that he or she appoint an individual from his or her firm that is knowledgeable with the plumbing system to accompany the inspectors, obtain any blueprints or drawings of the “in plant” system that are available and discuss any questions or other concerns the owner/manager may have.
e. On the scheduled date, both a building inspector from the city and a water department inspector from the city, with a plant representative, if any, will make a complete physical survey of all exposed piping and the underground system, if possible, with each line being followed to its end and a survey being made to determine whether there are any actual or potential cross-connections or any other conditions that may tend to pollute the potable water system.
f. Immediately upon completion of the survey and inspection, the building inspector and water department inspector will orally brief the owner/manager and/or the plant representative of their findings.
g. The building inspector and water department inspector shall then prepare a written report to include the following:
i. Identifying information;
ii. All cross-connections found, their location and optional methods of control;
iii. All industrial fluids, chemicals or other contaminating liquids discovered and/or pumped under pressure and their use and probability of cross-connections;
iv. Any applicable drawings, sketches, blueprints or other documents used in support of the inspections;
v. A summary of findings;
vi. Specific recommendations.
h. Three copies of the written report shall be submitted to the administrator.
i. The administrator or his authorized representative, upon completion of review of the written report, shall prepare a letter to the owner/manager of the premises outlining the findings of the report and the corrective action required, if any, and further establish a corrective action completion date by which corrective action must be completed. A copy of the letter and written report will be sent to the public health officer of the Chelan-Douglas health department.
j. On the corrective action completion date, a water department inspector shall reinspect the items that required corrective action.
k. Upon completion of reinspection, the water department inspector shall report in writing to the administrator the results of the reinspection.
l. After receipt of the results of the reinspection and the evaluation of the same, the administrator or his authorized representative shall take such action as deemed appropriate, including, but not limited to, a referral to the city attorney’s office for enforcement action.
m. When all corrective actions have been completed, all documents shall be placed in the cross-connection control file.
n. Further inspection shall be accomplished annually or more often as necessitated by the degree of hazard. (Ord. 1226 § 1, 2014; Ord. 945 § 45, 1999).
13.10.220 Fire hydrant – Obstruction prohibited.
It is unlawful for any person to obstruct or hinder the access to any fire hydrant by placing around or upon the hydrant any brick, lumber, stone, dirt or any other material or thing, or to permit or cause to be permitted any such material to be placed around or thereon by those in his employ, or in any other manner not mentioned herein obstruct the free access to any such fire hydrant in the city. (Ord. 1226 § 1, 2014; Ord. 945 § 48, 1999).
13.10.230 Fire hydrant – Unauthorized use prohibited.
All fire hydrants shall be under the control and shall be kept in repair by the water and wastewater department and by the fire department in case of fire and such other persons as the administrator may authorize to have free access to the hydrants. It is unlawful for all other persons to open any fire hydrant or attempt to draw water therefrom without a permit or willfully or carelessly injure the same. (Ord. 1226 § 1, 2014; Ord. 945 § 49, 1999).