Loading...
023 of 1991 - Canyon Water Sales OrdinanceSTATE OF UTAH, City and County of Salt Lake, Christine R. Meeker Leputy City Recorder of Salt Lake City, Utah, do hereby ':1'Y R '' BY; RE' } SS. certify that the attached document is a full, true and correct copy of.Salt .Lake . Ci ty . Code, ,1988. as. . CM amended. Ordinance No. 23 of 1991 Canyon Water Sales Ifs. passed by City Council/Executive Action of Salt Lake City, Utah, April 9th as appears of record in my office. 19. 91 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City, this l9th day of December 19 91 ca RR,`*-__W. Deputy City Recorder 4-22-91 -t-n Published 19. c2. w Lc) O 91-1 P 91-11 SALT LAKE CITY ORDINANCE No. 23 of 1991 (Canyon Water Sales Ordinance) AN ORDINANCE AMENDING AND RESTATING ARTICLE I OF CHAPTER 4 OF TITLE 17 AND ENACTING ARTICLE VII OF CHAPTER 4 OF TITLE 17 OF THE SALT LAKE CITY CODE, RELATING TO THE NEW CANYON WATER SALES ORDINANCE. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Article I of Chapter 4 of Title 17 of the Salt Lake City Code be amended and restated, and Chapter 4 of Title 17 of the Salt Lake City Code be amended by adding thereto a new Article VII, relating to the new canyon water sales ordinance, as follows: Chapter 17.04 Watershed areas Article I. General Provisions and Permits 17.04.010 Definitions. For the purpose of this chapter, the following terms, phrases and words shall have the meanings set forth in this section: A. "Limiting distance" means the distance by horizontal measurement. B. "Reservoir" means any natural or artificial lake or pond. CITY Fir-Tr- C. "Watercourse" means aqueducts, pipelines, natural or artificial streams or channels through or in which water at any time flows. D. "Watershed area" means the entire area in any canyon above the intake of the city within which water drains into any stream or tributary thereof or any artesian or flowing well basin, where such waters are taken by the city into its waterworks system for the culinary and domestic use of the inhabitants thereof. E. "Approved spring" is a naturally occurring spring which: 1. produces each day an amount of water equal to the minimum quantity and quality of water required by State law, Salt Lake County and the Salt Lake City ordinances, and Salt Lake City -County Health Department regulations for a residence within the watershed area. 2. produces water which at all times meets at least the minimum health standards of State and Salt Lake City -County Health Department regulations, 3. produces less than 100 gallons of water per minute during the period between September 15 and October 1. 4. is not a watercourse or a tunnel, mine shaft, well or any other artificial structure. 5. the Department of Public Utilities finds that the development of the spring will not have substantial adverse effect upon wetlands created by such spring or the riparian zone below such spring. 6. the Department of Public Utilities finds that the development of the spring will not cause any degradation of water quality under federal, State, County and City laws and regulations. F. "Residence" is a single family dwelling. G. "Well" shall mean any artificially made pipe, shaft or hole sunk into the earth below the ground surface into a water bearing strata from which water may be taken. 17.04.020 Preamble - Permit required for water use -- Conditions. PREAMBLE: Beginning in 1888, the City acquired extensive water rights to Wasatch Canyon stream flows through Exchange Agreements with irrigation companies and control over the City's watersheds through State and Federal legislation. Under State law, the City can only sell its surplus water outside the City's limits. The City has determined that except for snowmaking, fire protection and water from possible canyon springs it does not have surplus water for sale in its watershed canyons. This determination is based upon the following: canyon waters are extremely valuable to the City because they are the City's closest high quality water supplies; water from canyon streams can be delivered to most City customers by gravity flow without pumping; and water used for snowmaking affords a degree of storage as it is usually the last to melt. Additionally, the City has made major capital expenditures for facilities to treat water coming from the canyons and they operate most economically when they have greater quantities of water to treat. Also, controlling issuance of new permits for water supply in the watershed area hereunder is consistent with the City's 1989 Watershed Management Plan for the protection of the City's watersheds. A. No permits issued prior to enactment of this ordinance may be amended except as to the sources of the water supply. No permit shall be amended to enlarge the service boundary or increase the water supply. B. No new use of Salt Lake City water in the watershed areas of the city within Salt Lake County shall be made by any individual whomsoever without such person first obtaining a permit for such water use from the city. Subject to the other terms of this chapter, a permit may be issued on an interruptible basis only to: (1) the owner, or lessee where the owner is a governmental entity, of property in a watershed area for the purpose of supplying water from an approved spring for a residence located on such property. (2) the owner, or lessee, where the owner is a government entity, of property in a watershed area for snowmaking or fire protection. (3) the federal government, the State of Utah or a political subdivision thereof for the purpose of supplying water for use on property owned or leased for use by such governmental entity. C. The City shall not be required to issue a permit in any case, but may do so in its sole discretion as provided above. The City may include in any permit conditions for spring development or use. D. All permittees take water at their own risk where the source of supply is other than treated water from the regular city pipeline system, and all permits issued shall so state. E. When the approved spring which an applicant desires to use is a spring which is already being used under a permit from the city, the city shall not issue a new permit unless (1) utilization of the water from such spring by the Applicant will not interfere with the supply to the other then existing permittees using such approved spring, (2) the then existing permittees using such approved spring who own a water system shall approve of such new connection to their system, except for the spring box or other spring capturing device, and (3) the existing permit shall be amended in a manner satisfactory to the then existing permittees and the City to take into account required conditions (1) and (2). The City retains the right to authorize a tap or connection for a new permittee to any spring box or other spring capturing device. F. An applicant for a permit may be required by the city to supply as part of the application an environmental report with respect to the proposed water system. G. Any change application required to be filed with the state engineer for the use of the water from an approved spring shall be filed by the permittee only with the city's prior written approval in the city's name at the permittee's sole expense. H. The geographic area served pursuant to an issued permit shall not be expanded beyond the original geographic area which is to be served under the permit on the date it is issued. 17.04.030 Charges for use of water. The policies rates or fees for sale of surplus water in the watershed area shall be recommended by the City's Public Utilities Advisory Committee and approved by the Director of Public Utilities. All said policies, rates or fees are subject to review and approval of the City Mayor and Council. Such rates shall not exceed the City's special county water rates. 17.04.040 Permit --Rights permissive only. A. All permits issued pursuant to the provisions of this chapter shall be deemed to give permissive rights to the use of water only and such use shall be permitted only during periods when the city has surplus water for sale. Such permits shall be subject to immediate suspension or B. Violation of any of the sanitary regulations now existing or which may hereafter be enacted pertaining to the watershed area by permittee or any of the permittee's family, licensees or agents; C. Waste of water due to any cause not immediately remedied by permittee; D. Use of any purpose other than culinary purposes, i.e., the ordinary within the residence household activities; E. Violation of this ordinance or any condition specified in a permit; F. The City has no surplus water; and G. Any other cause deemed necessary by the public utilities director or health director to protect the safety, health and welfare of the inhabitants of the city. 17.04.065 Exchange of Water Rights. The city shall not be precluded from making agreements for the exchange of water rights within the city's watershed, or to resolve disputes involving existing water rights or alleged water rights, if the city determines that to do so is in the city's best interest. Article VII. Appropriations of Water 17.04.530 Applications for Appropriations of Water -- Protests. It is the City's general policy to file a protest with the state engineer with respect to any application which is inconsistent with this chapter or with respect to a use for which no permit has been issued pursuant to this chapter, including without limitation changes in place of diversion, purpose of use, importation of water from other watersheds, drilling of wells, and transfer of water rights into watershed areas; provided, however, that the City's Director of Public Utilities and the City Attorney shall determine whether to file such a protest in any particular case. SECTION 2. This Ordinance shall take effect on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this 9th day of April ATTEST: , 19 9j . CHAIRPERSON CI Y .•EC ER Transmit-ed to the Mayor on Mayor's Action: X Approved Vetoed )4f-2( 14'14-) MAYOR -9- rVi)pCc c-e_,l .�-/ -y 1 1-L_ _ktv-k-i- ti' It ATTEST: Bill No. 23 of 1991 Published 4-22-91 -10- co O 91-1 91-11 0 SALT LAKE CITY ORDINANCE No. 23 of 1991 (Canyon Water Sales Ordinance) AN ORDINANCE AMENDING AND RESTATING ARTICLE I OF CHAPTER 4 OF TITLE 17 AND ENACTING ARTICLE VII OF CHAPTER 4 OF TITLE 17 OF THE SALT LAKE CITY CODE, RELATING TO THE NEW CANYON WATER SALES ORDINANCE. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Article I of Chapter 4 of Title 17 of the Salt Lake City Code be amended and restated, and Chapter 4 of Title 17 of the Salt Lake City Code be amended by adding thereto a new Article VII, relating to the new canyon water sales ordinance, as follows: Chapter 17.04 Watershed areas Article I. General Provisions and Permits 17.04.010 Definitions. For the purpose of this chapter, the following terms, phrases and words shall have the meanings set forth in this section: A. "Limiting distance" means the distance by horizontal measurement. B. "Reservoir" means any natural or artificial lake or pond. C. "Watercourse" means aqueducts, pipelines, natural or artificial streams or channels through or in which water at any time flows. D. "Watershed area" means the entire area in any canyon above the intake of the city within which water drains into any stream or tributary thereof or any artesian or flowing well basin, where such waters are taken by the city into its waterworks system for the culinary and domestic use of the inhabitants thereof. E. "Approved spring" is a naturally occurring spring which: 1. produces each day an amount of water equal to the minimum quantity and quality of water required by State law, Salt Lake County and the Salt Lake City ordinances, and Salt Lake City -County Health Department regulations for a residence within the watershed area. 2. produces water which at all times meets at least the minimum health standards of State and Salt Lake City -County Health Department regulations, 3. produces less than 100 gallons of water per minute during the period between September 15 and October 1. 4. is not a watercourse or a tunnel, mine shaft, well or any other artificial structure. 5. the Department of Public Utilities finds that the development of the spring will not have substantial adverse effect upon wetlands created by such spring or the riparian zone below such spring. 6. the Department of Public Utilities finds that the development of the spring will not cause any degradation of water quality under federal, State, County and City laws and regulations. F. "Residence" is a single family dwelling. G. "Well" shall mean any artificially made pipe, shaft or hole sunk into the earth below the ground surface into a water bearing strata from which water may be taken. 17.04.020 Preamble - Permit required for water use -- Conditions. PREAMBLE: Beginning in 1888, the City acquired extensive water rights to Wasatch Canyon stream flows through Exchange Agreements with irrigation companies and control over the City's watersheds through State and Federal legislation. Under State law, the City can only sell its surplus water outside the City's limits. The City has determined that except for snowmaking, fire protection and water from possible canyon springs it does not have surplus water for sale in its watershed canyons. This determination is based upon the following: canyon waters are extremely valuable to the City because they are the City's closest high quality water supplies; water from canyon streams can be delivered to most City customers by gravity flow without pumping; and water used for snowmaking affords a degree of storage as it is usually the last to melt. Additionally, the City has made major capital expenditures for facilities to treat water coming from the canyons and they operate most economically when they have greater quantities of water to treat. Also, controlling issuance of new permits for water supply in the watershed area hereunder is consistent with the City's 1989 Watershed Management Plan for the protection of the City's watersheds. A. No permits issued prior to enactment of this ordinance may be amended except as to the sources of the water supply. No permit shall be amended to enlarge the service boundary or increase the water supply. B. No new use of Salt Lake City water in the watershed areas of the city within Salt Lake County shall be made by any individual whomsoever without such person first obtaining a permit for such water use from the city. Subject to the other terms of this chapter, a permit may be issued on an interruptible basis only to: (1) the owner, or lessee where the owner is a governmental entity, of property in a watershed area for the purpose of supplying water from an approved spring for a residence located on such property. (2) the owner, or lessee, where the owner is a government entity, of property in a watershed area for snowmaking or fire protection. (3) the federal government, the State of Utah or a political subdivision thereof for the purpose of supplying water for use on property owned or leased for use by such governmental entity. C. The City shall not be required to issue a permit in any case, but may do so in its sole discretion as provided above. The City may include in any permit conditions for spring development or use. D. All permittees take water at their own risk where the source of supply is other than treated water from the regular city pipeline system, and all permits issued shall so state. E. When the approved spring which an applicant desires to use is a spring which is already being used under a permit from the city, the city shall not issue a new permit unless (1) utilization of the water from such spring by the Applicant will not interfere with the supply to the other then existing permittees using such approved spring, (2) the then existing permittees using such approved spring who own a water system shall approve of such new connection to their system, except for the spring box or other spring capturing device, and (3) the existing permit shall be amended in a manner satisfactory to the then existing permittees and the City to take into account required conditions (1) and (2). The City retains the right to authorize a tap or connection for a new permittee to any spring box or other spring capturing device. F. An applicant for a permit may be required by the city to supply as part of the application an environmental report with respect to the proposed water system. G. Any change application required to be filed with the state engineer for the use of the water from an approved spring shall be filed by the permittee only with the city's prior written approval in the city's name at the permittee's sole expense. H. The geographic area served pursuant to an issued permit shall not be expanded beyond the original geographic area which is to be served under the permit on the date it is issued. 17.04.030 Charges for use of water. The policies rates or fees for sale of surplus water in the watershed area shall be recommended by the City's Public Utilities Advisory Committee and approved by the Director of Public Utilities. All said policies, rates or fees are subject to review and approval of the City Mayor and Council. Such rates shall not exceed the City's special county water rates. 17.04.040 Permit --Rights permissive only. A. All permits issued pursuant to the provisions of this chapter shall be deemed to give permissive rights to the use of water only and such use shall be permitted only during periods when the city has surplus water for sale. Such permits shall be subject to immediate suspension or revocation when the city in its sole judgment determines that surplus water is no longer available from the city sources of supply. B. Except as otherwise provided above, permits shall have original terms of no more than 30 years and be renewable only upon such terms as the city shall determine in its sole discretion. 17.040.50 Easements and service connections. An applicant for a permit must supply satisfactory evidence that the applicant will be able to provide at applicant's sole expense all easements necessary for the transportation of water from the approved spring to the point where it is to be used. All permittees shall make and maintain connections at their sole expense and shall construct and maintain at their sole expense any and all water lines, spring boxes, valves, etc., necessary to supply culinary water to their premises. All connections and appurtenances, both as to materials used and method of construction, shall be subject to the approval of the city. 17.04.060 Permit --Revocation conditions. All permits issued pursuant to the provisions of this chapter shall be subject to revocation by the public utilities director, or health director, subject to review by the mayor. Permits may be revoked for any of the following causes: A. Nonpayment of water bills; B. Violation of any of the sanitary regulations now existing or which may hereafter be enacted pertaining to the watershed area by permittee or any of the permittee's family, licensees or agents; C. Waste of water due to any cause not immediately remedied by permittee; D. Use of any purpose other than culinary purposes, i.e., the ordinary within the residence household activities; E. Violation of this ordinance or any condition specified in a permit; F. The City has no surplus water; and G. Any other cause deemed necessary by the public utilities director or health director to protect the safety, health and welfare of the inhabitants of the city. 17.04.065 Exchange of Water Rights. The city shall not be precluded from making agreements for the exchange of water rights within the city's watershed, or to resolve disputes involving existing water rights or alleged water rights, if the city determines that to do so is in the city's best interest. Article VII. Appropriations of Water 17.04.530 Applications for Appropriations of Water -- Protests. It is the City's general policy to file a protest with the state engineer with respect to any application which is inconsistent with this chapter or with respect to a use for which no permit has been issued pursuant to this chapter, including without limitation changes in place of diversion, purpose of use, importation of water from other watersheds, drilling of wells, and transfer of water rights into watershed areas; provided, however, that the City's Director of Public Utilities and the City Attorney shall determine whether to file such a protest in any particular case. SECTION 2. This Ordinance shall take effect on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this 9th day of April ATTEST: CI Y EC ER , 1991. CHAIRPERSON Transmited to the Mayor on Mayor's Action: x Approved Vetoed „‘„ 6dt.) MAYOR _j J i1 _9_ ATTEST: Bill No. 23 of 1991 Published 4-22-91 -10-