HomeMy WebLinkAbout2005-016 Water Conservation Measures for Droughts & Water Shortages; YMC Addition ORDINANCE NO. 2005- 16
AN ORDINANCE establishing authority for the City Manager to impose water
conservation measures during droughts and water shortages, adding
a new section to chapter 7 68 of the Yakima Municipal Code,
declaring an emergency; and providing for an effective date
WHEREAS, RCW 35 92.010 authorizes cities to own and operate water utilities, and
to regulate and control the use, distribution, and price for water utility service, and
WHEREAS, Article IX, Section 1 of the City Charter of the City of Yakima authorizes
the City Council to provide by ordinance rules and regulations for the control, management
and operation of all public utilities owned and operated by the City; and
WHEREAS, the City Council finds and determines that the terms and conditions for
domestic water utility service during emergency conditions that are set forth in this ordinance
are fair, just and reasonable, and
WHEREAS, on March 10, 2005 Governor Gregoire authorized and the Washington
Department of Ecology issued a declaration of drought emergency; and
WHEREAS, the City Council finds and determines that current drought conditions
threaten the availability of water to the city and require that this ordinance be adopted to
provide for the immediate preservation of the public peace, property, health or safety; and
WHEREAS, the City Council finds and determines that adoption of this ordinance is in
the public interest; now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA
Section 1. A new section is added to chapter 7 68 of the Yakima Municipal
Code as follows
7 68 203 Authority to Impose Conservation Measures
A. The city manager, upon a finding by the city council that an emergency situation
exists which threatens to seriously disrupt or diminish the municipal water supply,
may order and enforce restrictions on water use so as to distribute the available
supply on a just and equitable basis to all customers, including residential, industrial,
and commercial users
B Upon declaration of a water supply emergency the city manager may direct that,
no water shall be used for outdoor uses including, but not limited to, irrigation of
lawns, turf or use on other outdoor surfaces by any customer at any residence,
apartment building, commercial building, or property or structure except at times and
under conditions as specified by the city manager Such conditions may include but
are not limited to
1 Alternate day limitations,
2 Time of day limitations,
3 Limitation of uses, and /or
4 Suspension of domestic water irrigation service
Section 2 If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance is declared invalid or unconstitutional for any reason, such
decision shall not affect the validity of the remaining portions of this ordinance
Section 3. Pursuant to Article VI, Section 2 of the Yakima City Charter, this
emergency ordinance shall take effect on April 5, 2005
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this
5th day of April, 2005
at ■.I
Paul George, Mayo'
ATTEST
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City Clerk
Publication Date. 4/8/2005 (ordinance certification)
Effective Date. 5/8/2005
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CHRISTINE O. GREGOIRE �y eea �o
Govemor
STATE OF WASHINGTON
OFFICE OF THE GOVERNOR
P.O. Box 40002 • Olympia, Washington 98504 -0002 • (360) 753 -6780 • www.governor wa.gov
March 10, 2005
The Honorable Doc Hastings
United States Representative
1323 Longworth House Office Building
Washington, DC 20515
Dear Congressman Hastings:
Thank you for asking about the potential for drought in-our state and what you can do to help.
I am sorry to report that our water supply conditions are in bad shape. Pursuant to state law, I have
today authorized the Washington Department of Ecology to formally declare a drought emergency
for the entire state.
Across Washington, we have record low snow pack conditions and stream flows. Our precipitation
has been well below normal, and things have been dry since January Weather forecasts do not
promise any relief, as the National Weather Service predicts dry, warm weather through May
The junior irrigation districts in the Yakima River basin are expected to receive only 34% of their
normal water supply And there are an additional 200 water users in the basin, both communities and
farmers, which are facing the prospect of no water supplies for the summer There are similar
conditions in many other basins, and junior water rights will likely need to be curtailed on both sides
of the mountains.
Even on the Westside of the state, our reservoirs will not last through the summer without several
large rain events. And while we have supply reservoirs on major rivers that help maintain river
flows, record low tributary stream flows are already placing fish at risk.
If these conditions persist, we will see late season aquifer problems, an early and extended fire
season, and a wide range of repercussions to the state's economy
With the formal drought declaration, we will now open up the state's drought relief funds to provide
assistance to farmers, communities and fish, and will reassign state staff to expedite emergency water
supplies. We will be hiring state seasonal firefighters and training National Guard members to
ensure that we are prepared for any severe fires. While we hope for the best, we are preparing for the
worst.
Your offer for help is most timely
ek
The Honorable Doc Hastings
March 10, 2005
Page 2
In the short term, our most pressing issue on the federal front is the need to ensure continued federal
funding to states to fight fires. While our state appropriates significant funding to respond to fires,
we rely on federal funds to help cover firefighting expenses beyond our base resources. In federal
fiscal year 2004, the amount of federal fire funds was $51 1 million. In FFY 2005, we saw those
funds drop to $40.2 million. The President's proposed budget would reduce federal fire funds to
$29 4 million. This reduction represents a major risk to the citizens and resources of the state. Your
assistance in maintaining federal fire funds would be greatly appreciated.
I am also concerned that agricultural crop damage could pose significant hardships to farmers and
rural communities, especially later in this season. Your help in accessing federal drought relief and
agricultural assistance funds would be most important.
In the longer term, the drought reminds us of several important actions that remain unfinished and
warrant your consideration.
• We need the federal govern rent to move forward on replacing the heavy air tankers
used to fight fires throughout the country For safety reasons, there are only 9 air
tankers available nationwide, down from the 33 tankers just a few years ago. Access to
tankers is essential in fighting large scale fires. We ask for your help in finalizing and
implementing federal plans to replace the fire tanker fleet.
• We need your assistance in securing an extension of the U.S. Bureau of Reclamation's
(BOR) authority to deliver emergency water supplies during a drought. Given the
Canadian snow pack, we are hopeful to avoid a drought on the Columbia River
mainstem this year However, our ability to secure water from BOR is key to avoiding
water supply interruption along the river We need your help in extending their
statutory authority beyond the sunset date of September 2005
• We ask for your support for long - needed improvements in federal drought policies by
enactment of the federal drought preparedness bill, including the firefighting
provisions, and implementation of the national drought information system. With
increasing demands and shifting climate in the Western states, we need to better
prepare for managing our future water supply crises.
1
Today, we asked our affected farmers, businesses, and citizens to work together to get us through this
drought. Your collaboration and support in these times will be essential to our success.
Sincerely,
• • A rta_
Christine 0 Gregoire
Governor
An original letter was sent to each member of the Washington State Congressional Delegation.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No /7 /I
For Meeting Of 4/5/2005
ITEM TITLE. 2005 Drought Emergency Resolution
Ordinance to Impose Conservation Measures
SUBMITTED BY Dave Brown, Water /Irrigation Manager
CONTACT PERSON/TELEPHONE. Dave Brown / 575 -6204
SUMMARY EXPLANATION On March 10, 2005, Govemor Christine Gregoire authorized the
Department of Ecology to declare a drought emergency and Ecology Director Jay Manning then
immediately signed a declaration for a statewide drought emergency, based on the extremely low
snow pack in the mountains and record -low flows that are being seen in many rivers across the state.
We rely in large part upon surface water in the Yakima River basin to provide water to customers of
the Water /Irrigation Division for irrigation and domestic purposes. It appears that the water that will
be available from the Yakima River basin for the remainder of 2005 is substantially less than normal
and will be insufficient to meet the usual consumption of water by customers of the irrigation and
domestic water systems. The Domestic water system will be also relying on the three emergency
back -up wells to meet consumption demands.
The attached Resolution declares an emergency due to the drought conditions. Yakima Municipal
Code ("YMC °) section 7.24 050, the city manager is authorized to impose certain conservation
measures with respect to the irrigation water system of the City of Yakima upon a determination of an
emergency by the City Council.
The attached Ordinance will authorize the City Manager to impose certain conservation measures with
respect to the domestic water system upon a determination of an emergency by the City Council.
Resolution X Ordinance X Contract Other (Specify)
Funding Source (�
APPROVED FOR SUBMITTAL. '�L
City Manager
STAFF RECOMMENDATION Staff respectfully requests City Council adopt the
accompanying Resolution and enact the accompanying ordinance.
BOARD /COMMISSION RECOMMENDATION
COUNCIL ACTION (A) Resolution adopted. RESOLUTION NO. R- 2005 -58
(B) Ordinance passed. ORDINANCE NO. 2005-16