Chapter 13.20
MISCELLANEOUS REGULATIONS

Sections:

13.20.010    Use to comply with regulations.

13.20.020    Inspection by city.

13.20.030    Temporary shutoff.

13.20.040    Limit of water use.

13.20.050    Transfer procedure.

13.20.060    Disconnection/reconnection procedure.

13.20.070    Booster pump – Discontinuance.

13.20.080    Standby fire service.

13.20.090    Unfiltered water – Large-scale recreational development.

13.20.010 Use to comply with regulations.

No person connected to the water system shall supply water therefrom to any other person or persons, firm or corporation. (Ord. 674 § 28, 1980).

13.20.020 Inspection by city.

Authorized persons of the city shall have access during normal business hours to all parts of the buildings, structures and premises supplied with water from the system of the city, for the purpose of inspecting the condition of water pipes and fixtures used, the manner in which they are being used and the purpose for which they are being used. (Ord. 674 § 29, 1980).

13.20.030 Temporary shutoff.

The city reserves the right to shut off the water without notice. This may be done in order to make repairs, extensions or for nonpayment of charges or in case of an accident to any part of the water system or for any other purpose, and the city shall not be responsible for any damage resulting from the shutting off of said water. (Ord. 674 § 30, 1980).

13.20.040 Limit of water use.

The city reserves the right in case of shortage of water to forbid or limit the use of water for irrigation, sprinkling or other similar purpose. Such a limitation may be made at any time and, when printed in the city’s official paper, broadcast over the local radio station or served in writing upon the customer or customers, shall be deemed as sufficient notice thereof. Any person violating any such order after notice thereof as herein provided, shall be subject to a penalty and water shall be shut off and in no case turned on again until such penalty has been paid. (Ord. 674 § 31, 1980).

13.20.050 Transfer procedure.

Should any person desire to transfer their water and sewer service to a new owner or tenant, they shall notify the city clerk, stating the time of transfer. The established service transfer fee shall be added to the next billing. (Ord. 674 § 32, 1980).

13.20.060 Disconnection/reconnection procedure.

Should any person desire to have their water service disconnected, they shall give notice thereof to the city clerk stating the time of disconnection. The meter shall be disconnected upon payment of the disconnection fee as set by resolution in effect at the time of disconnection. Reconnection will require payment of full water connection fees in effect when reconnection is requested, unless the property qualifies for restoration fees as set forth elsewhere in this title. (Ord. 1199 § 2, 2000: Ord. 674 § 33, 1980).

13.20.070 Booster pump – Discontinuance.

Whenever the city determines that a water service customer can be more efficiently served from an alternate service main, the customer shall, at his expense, disconnect from the booster pump line and connect to the alternate service. Where pressure-reducing valves are necessary to limit customer water pressures, they shall be installed by the customer at his expense and the city shall not be responsible for any damage caused by excessive water pressure. (Ord. 674 § 34, 1980).

13.20.080 Standby fire service.

Any person, firm or corporation obtaining a standby fire service water connection shall pay to the city the monthly charge established therefor. (Ord. 674 § 35, 1980).

13.20.090 Unfiltered water – Large-scale recreational development.

A. The city council may approve a written agreement to provide a city water service customer with unfiltered and untreated water if the following minimum conditions are met:

1. The water to be provided pursuant to the agreement shall be used for irrigation and temporary construction related purposes associated with large scale recreational development only. Construction purposes may include use of untreated water for dust abatement, erosion control, revegetation, and other uses necessary during project construction. Any other use of water provided by the city pursuant to the agreement is expressly prohibited, including but not limited to agricultural, fire protection, or residential irrigation purposes.

2. All of the land to be served by the city pursuant to the agreement must be located inside of the city limits.

3. The number of acres to be irrigated with untreated water provided by the city is a minimum of fifty acres in size or the annual quantity of water needed for the large scale recreational development exceeds two hundred acre-feet; provided, however, that the instantaneous rate of water delivery and total annual quantity shall be limited in accordance with subsections (A)(4), (A)(5), and (A)(8) of this section.

4. In no event shall the rate of delivery of untreated and unfiltered municipal water exceed thirteen and one-half gallons per minute for every ten acre-feet sought by the applicant.

5. The city engineer has performed an analysis of the city water availability based on the city’s municipal water rights (in terms of instantaneous rate and annual quantity limitations) and city’s water demand and determined that adequate municipal water is available to serve the applicant’s recreational development on an interim basis. For purposes of this analysis, “adequate water” will be considered available where the combined amount of the city’s water demand, as reasonably determined by the city in consultation with its engineer, and the applicant’s proposed use total no more than eighty percent of the city’s existing municipal water rights. The analysis will not include water rights or water demand associated with:

a. City parks, the city-owned golf course, and other city uses that are not part of or connected to the city’s treated water system; and

b. Water rights acquired by the city, transferred to the city or otherwise added to the city’s treated water system after the effective date of the ordinance codified in this section, unless the city elects to include said water rights as set forth in subsection B of this section.

The analysis will consider as part of the city’s municipal water demand all previously approved agreements for delivery of untreated and unfiltered water pursuant to this section.

6. The applicant has agreed to reimburse the city for all of the city’s costs associated with the processing of the application for an agreement, the preparation of the agreement, and the delivery of the unfiltered and untreated water to the applicant’s recreational development, including but not limited to any city engineering and legal expenses.

7. The applicant’s use of the city’s water services for irrigation of large scale recreational development as set forth herein will be subject to reduction or suspension in the event of a shortage of water available to the city for municipal purposes, as determined by the city, in its sole discretion.

8. The agreement between the city and the applicant contains a formula for reduction and/or termination of untreated and unfiltered municipal water delivery in the event the city’s water demand meets or exceeds ninety percent of the amounts allowed under the city’s existing municipal water rights (in terms of either instantaneous demand or annual quantity limitations), as reasonably determined by the city in consultation with its engineer. For purposes of this formula, the “city’s water demand” shall (a) include current demands associated with delivering treated water to city water service customers and city facilities, current demands associated with the delivery of untreated and unfiltered water delivered to customers under previously approved agreements pursuant to this section, and current amounts of untreated and unfiltered water delivered to the applicant, and (b) exclude those water rights and water demand outlined in subsections (A)(5)(a) and (A)(5)(b) of this section. The agreement shall contain a provision requiring the applicant waive any and all claims against the city arising from the reduction or termination of the amount of water being provided pursuant to the agreement. In the event of a reduction or termination as set forth above, the applicant shall be solely responsible for making alternative arrangements to purchase or otherwise obtain other water rights for use on applicant’s property. In the event the extension of the city’s water services is terminated as set forth herein, then the agreement between the city and the applicant shall also terminate and be of no further force or effect between the city and the applicant. Since the extension of the city’s water services pursuant to an agreement is only an interim solution for the applicant, the agreement shall contain a clause requiring the applicant to obtain independent water rights for applicant’s large scale recreational development.

9. The applicant shall install, own, repair, and maintain all piping, pumping and storage facilities associated with the delivery of water pursuant to the agreement. In the event any withdrawal, pumping, or piping facilities currently owned by the city will be used by the applicant, the agreement shall address responsibility for said facilities and the applicant’s financial participation in the repair, maintenance, and replacement of said facilities.

10. The applicant shall install, own, repair and maintain a flow meter at the withdrawal facilities that shall record the instantaneous and totalized flows for the project pursuant to the agreement. Records of maximum instantaneous and totalized flows shall be provided to the city on an annual basis, or as otherwise requested by the city. Annual data shall be provided no later than January 31st of the next year.

11. The application to the city for use of untreated and unfiltered water shall, at a minimum, contain the following information:

a. The legal description of the property on which the water will be used;

b. A detailed description of the proposed large scale recreational development and the uses to be made of the unfiltered water;

c. The amount of acres to be irrigated and the total acre-feet sought by the applicant on an annual basis;

d. The rate at which the applicant desires to have water withdrawn from the point of diversion;

e. The proposed point of diversion;

f. The timeline for development; and

g. Such other information reasonably requested by the city to fully evaluate the application.

12. In the event the proposed point of diversion identified by the applicant is an existing point of diversion for the city’s water rights, then the agreement shall address all costs to be paid by the applicant associated with any modifications to the withdrawal facilities. In the event the proposed point of diversion identified by the applicant is not an existing point of diversion for the city’s water rights, then the agreement shall contain a condition that the applicant is solely responsible for processing a change application to add the proposed point of diversion to the city’s existing water rights. As part of the agreement, the city may impose reasonable mitigation measures to offset any impact to city-owned property or facilities.

13. The agreement shall contain such other terms and conditions determined by the city, in its sole discretion, to be necessary to address the particular application for use of the city’s unfiltered and untreated municipal water.

14. The agreement between the city and the applicant shall be filed on record at the applicant’s expense and run with the land served by the city water, and be binding upon all subsequent owners of the land.

B. Any municipal water rights acquired by the city after the effective date of the ordinance codified in this section may, in the sole discretion of the city, be included as part of the city’s existing municipal water rights for purposes of subsections (A)(5) and (A)(8) of this section.

C. The written agreement between the city and the applicant for the extension of city unfiltered and untreated water to the applicant’s large scale recreational development as described in subsection A of this section shall include a provision for payment to the city by the applicant based upon water consumption pursuant to rates and charges established by the city in the agreement.

D. The provisions of Title 13 of the Chelan Municipal Code and all other city ordinances, resolutions, and regulations not in conflict with the provisions of this section shall apply to the applicant and the applicant’s property.

E. All applications submitted to the city pursuant to this section shall be processed in the order the applications are received by the city. (Ord. 1315 § 1, 2005).