HomeMy WebLinkAboutR-2008-028 West Valley MOU WaterRESOLUTION NO. R-2008-28
A RESOLUTION authorizing the City Manager of the City of Yakima to execute a
Memorandum of Understanding with Yakima County, Nob Hill Water
Association, Yakima Valley Canal Company and the Yakima Tieton Irrigation
District for the purpose of insuring the cost effective and best use of water
resources for future development in the Yakima Valley.
WHEREAS, water resources, both surface and ground water, are necessary to support
future growth within the designated City of Yakima Urban Growth Boundary for the parties to this
MOU and other local governments, private parties and citizens; and
WHEREAS, the City, Yakima County, Nob Hill Water Association, Yakima Valley Canal
Company and the Yakima Tieton Irrigation District recognize that said water resources are
valuable public resources that may need protection and preservation; and
WHEREAS, the City, Yakima County, Nob Hill Water Association, Yakima Valley Canal
Company and the Yakima Tieton Irrigation District recognize that said water resources are
valuable public resources that may need protection and preservation; and
WHEREAS, the City, Yakima County, Nob Hill Water Association, Yakima Valley Canal
Company and the Yakima Tieton Irrigation District recognize that a cooperative effort is the most,
effective and efficient way to protect and preserve their respective water resources and address
the long-term planning, design, maintenance, and operation of future development; and
WHEREAS, the City, Yakima County, Nob Hill Water Association, Yakima Valley Canal
Company and the Yakima Tieton Irrigation District desire to utilize existing multiple water
resources to help address public infrastructure needs within the City of Yakima Urban Growth
Boundary through a coordinated effort among the State, local governments, and other interested
parties; and,
WHEREAS, the City, Yakima County, Nob Hill Water Association, Yakima Valley Canal
Company and the Yakima Tieton Irrigation District desire to utilize water resources in a manor
which will provide for continued growth that will meet the needs of the community, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute the
attached "Memorandum of Understanding for the purpose of insuring coordinated and cooperative
efforts toward establishing the cost effective and best use of water resources for future
development in the Yakima Valley" with Yakima County, Nob Hill Water Association, Yakima Valley
Canal Company and the Yakima Tieton Irrigation District.
ADOPTED BY THE CITY COUNCIL this 5th day of Februa. , 2008.
ATTEST:
City Clerk
David Edler, Mayor
�- 2UDg--2
MEMORANDUM OF UNDERSTANDING
FOR THE EFFICIENT. AND BEST USE OF WATER RESOURCES
FOR FUTURE DEVELOPMENT IN THE YAKIMA VALLEY
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into by and between the City
of Yakima, Yakima County, Nob Hill Water Association, Yakima Valley Canal Company and the
Yakima Tieton Irrigation District (collectively referred to hereinafter as the "Sponsors") for the
purpose of insuring the cost effective and best use of water resources for future development in
the Yakima Valley.
RECITALS AND FINDINGS
WHEREAS, water resources, both surface and ground water, are necessary to support future
growth within the designated City of Yakima Urban Growth Boundary for the parties to this
MOU and other local governments, private parties and citizens; and
WHEREAS, the Sponsors recognize that said water resources are valuable public resources
that may need protection and preservation; and
WHEREAS, the Sponsors recognize that a cooperative effort is the most effective and efficient
way to protect and preserve their respective water resources and address the long-term
planning, design, maintenance, and operation of future development; and
WHEREAS, the Sponsors desire to utilize existing multiple water resources to help address
public .infrastructure needs within the City of Yakima Urban Growth Boundary through a
coordinated effort among the State, local governments, and other interested parties; and
WHEREAS, the Sponsors desire to utilize water resources in a manner which will provide for
continued growth that will meet the needs of the community consistent with adopted
comprehensive plans,
NOW, THEREFORE, in consideration of the mutual agreements, covenants and promises
contained herein, the Project Sponsors agree to the following terms and conditions:
1. DEFINITIONS
1.1
1.2
1.3
1.4
AGREEMENT
"Managers" means the representatives of the City of Yakima, Yakima County, Nob Hill
Water Association, Yakima Valley Canal Company and the Yakima Tieton Irrigation
District (the Sponsors).
"County" means Yakima County.
• "City" means the City of Yakima.
"District" means Yakima Tieton Irrigation District.
1
MEMORANDUM OF UNDERSTANDING
FOR THE EFFICIENT AND BEST USE OF WATER RESOURCES
FOR FUTURE DEVELOPMENT IN THE YAKIMA VALLEY
1.5 "Company" means Yakima Valley Canal Company.
1.6 "Local Governments" means the county, cities, towns, irrigation districts and any other
taxing authority.
1.7 "SEPA" means the State Environmental Policy Act as codified in RCW Chapter 43.21C.
1.8 'Comprehensive Pian' means the Yakima Urban Area Comprehensive Plan and the
Yakima County Comprehensive Plan 2015.
2. DUTIES OF THE MANAGERS
The Managers, by consensus, shall:
2.1 Determine the irrigation water needs for a development.
2.2 Determine the water sources available for irrigation use.
2.3 Determine which water resource is best suited to provide the development's needs.
2.4 Determine the most cost effective method to deliver water to the development in
consultation with the owner/developer and for the future users of the development.
2.5 Determine the scope of work to be conducted including the sequence of events
necessary to deliver irrigation water.
2.6 Determine the feasibility of installing a separate irrigation delivery system.
3. COMPLIANCE
The Managers should make decisions for determinations made in Section 2 based upon
applicable information in:
3.1 The Growth Management Act.
3.2 Adopted comprehensive plan goals and policies.
3.3 Adopted Development regulations.
3.4 Compliance with conditions contained in water rights determined to be used for
landscape irrigation.
3.5 Company rules and or policies.
3.6 District rules and or policies.
3.7 Recommendations in the Watershed Management Plan, Yakima River Basin.
3.8 Recommendations in the Detailed Implementation Plan for the Watershed Management
Plan, Yakima River Basin.
4. REPORTING REQUIREMENTS
The Managers should:
4.1 Insure findings are reported on any SEPA documents prepared for a development.
2
MEMORANDUM OF UNDERSTANDING
FOR THE EFFICIENT AND BEST USE OF WATER RESOURCES
FOR FUTURE DEVELOPMENT IN THE YAKIMA VALLEY
4.2 A copy of the findings shall be provided to the irrigation water provider.
4.3 A copy of the findings shall be provided to the local jurisdiction reviewing the
development.
5. WITHDRAWAL AND TERMINATION OF M.O.U.
5.1 A Sponsor may withdraw from the process and terminate its relationship to this MOU at
any time, with or without cause, by providing written notice in accordance with Section
10.2 to the designated agent of the other Sponsors.
6. PROTECTION OF EXISTING AUTHORITY
6.1 Nothing contained herein shall abrogate or abridge the authorityand or responsibilities of
any of the Sponsors.
7. EFFECTIVE DATE/TERM OF M.O.U.
7.1 This MOU shall be effective on the date when all Sponsors have signed and executed
this MOU.
7.2 This MOU terminates when two or more Sponsors have withdrawn.
10. MISCELLANEOUS PROVISIONS, TERMS AND CONDITIONS
10.1 Drafting of Agreement.
All Sponsors have participated in the drafting of this MOU. As such, it is agreed by the
Sponsors that the general contract rule of law that ambiguities in the contract language shall be
construed against the drafter of a contract shall have no application to any legal proceeding,
arbitration and/or action in which this MOU and its terms and conditions are being interpreted
and/or enforced.
10.2 Notices.
Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand
delivered to the parties to their addresses as follows:
To the City: David Brown
Water/Irrigation Manager
2301 Fruitvale Blvd..
Yakima, WA 98902
To Yakima County: Vern Redifer
Director of Public Services
128 N. 2nd Street
Yakima, WA 98901
To Nob Hill Water Association: Zella West, Manager
Nob Hill Water Association
3
MEMORANDUM OF UNDERSTANDING
FOR THE EFFICIENT AND BEST USE OF WATER RESOURCES
FOR FUTURE DEVELOPMENT IN THE YAKIMA VALLEY
To Yakima Valley Canal Co:
6111 Tieton Dr.
Yakima, WA 98908
Dick Woodin, President
Yakima Valley Canal Company
1640 Garretson Lane
Yakima, WA 98908
To Yakima Tieton Irrigation Dist: Rick Dieker, Manager
Yakima Tieton Irrigation District
470 Camp 4 Road
Yakima, WA 98908
or to such other addresses as the parties may hereafter designate in writing. Such notices shall
be deemed effective when mailed or hand delivered at the addresses specified above.
10.3 Integration and Amendment of MOU.
This written document constitutes the entire agreement between the Sponsors. There are no
other oral or written agreements between the parties as to the subjects covered herein. This
MOU may be amended at any time by a unanimous decision of the Managers. All such
amendments must be in writing signed by the Managers. Amendments shall be numbered, filed
in accordance with Section 11.6, and attached to the original MOU.
10.4 Filing with County Auditor and City Clerk.
The City shall file a copy of this Agreement with the Yakima County Auditor's Office (pursuant to
RCW 39.34.040) and the Yakima City Clerk.
Appro. as to form:
BOARD OF YAKIMA COUNTY COMMISSIONERS
ATTEST:
Ronald Gamache, Chairman
Mik
Leita, Member
Clerk of the Board
•
Tiera L. Girard Rand Elliott, Member
Deputy Clerk of the Board
4
MEMORANDUM OF UNDERSTANDING
FOR THE EFFICIENT AND BEST USE OF WATER RESOURCES
FOR FUTURE DEVELOPMENT IN THE YAKIMA VALLEY
.1/-7/64
Date:
ATTEST:
Deborah Moore, City Clerk
Resolution R -2008-z8
Contract 2008-32
CITY OF YAKIMA
R. A. Zais, Jr., ity Manager
5
MEMORANDUM OF UNDERSTANDING
FOR THE EFFICIENT AND BEST USE OF WATER RESOURCES
FOR FUTURE DEVELOPMENT IN THE YAKIMA VALLEY
NOB HILL WATER ASSOCIATION
est, Manager
6
MEMORANDUM OF UNDERSTANDING
FOR THE EFFICIENT AND BEST USE OF WATER RESOURCES
FOR FUTURE DEVELOPMENT IN THE YAKIMA VALLEY
YAKIMA VALLEY CANAL COMPANY
Dick, Woodin, President
7
MEMORANDUM OF UNDERSTANDING
FOR THE EFFICIENT AND BEST USE OF WATER RESOURCES
FOR FUTURE DEVELOPMENT IN THE YAKIMA VALLEY
Fid ra_u.,� (2 c2G0
Date: 6
YAKIMA TIETON IRRIGATIOV DISTRICT
Rick Dieker, Manager
8
MEMORANDUM OF UNDERSTANDING
FOR THE EFFICIENT AND BEST USE OF WATER RESOURCES
FOR FUTURE DEVELOPMENT IN THE YAKIMA VALLEY
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. t
For Meeting of 2/5/08
ITE `'>- TITLE: A Resolution authorizing the City Manager to execute a Memorandum of Understanding
for the purpose of insuring the cost effective and best use of water resources for future
development in the Yakima Valley
SUB ° ITTED BY: Dave Zabell, Assistant City Manager
Dave Brown, Water/Irrigation Manager
CONTACT PERSON/TELEPHONE: Dave Brown / 575-6204
SUMMARY EXPLANATION: Water resource management and its relationship to future
development in West Valley and other parts of the City has been discussed with the Council,
Yakima County, Nob Hill Water Association, Yakima Valley Canal Company, Yakima Tieton
Irrigation District and the Central Washing Home Builders Association. Of primary concern is
that irrigation water traditionally used for agriculture from the canal companies and irrigation
districts may not be put to full use as housing replaces agriculture. Additionally, where water to
irrigate lawns at these new homes is supplied from municipal sources, like Nob Hill Water
Association, those municipal water rights would be used up faster limiting future availability.
A Memorandum of Understanding has been developed to formalize the actions necessary to
maximize the water resources in and around the City of Yakima to ensure long-term availability
and the most cost effective use of water resources.
The memo previously provided to Council on November 28, 2007 about these discussions is
attached.
Resolution X_ Ordinance Other (Specify)_MOU Contract
Mail to (name and address): Signature page only to addresses contai ed in MOU
Funding Source N/A
APPROVED FOR SUBMITTAL: City Manager
STAFF RECON ENDATION: Approve resolution authorizing the City Manager to execute the
accompanying Memorandum of Understanding.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Adopt Resolution
•
• DATE:
TO:
November 28, 2007
The Honorable Mayor and Members of the City Council
FRO Dick Zais, City Manager
Dave Zabell, Assistant City Manager
Dave Brown, Water/Irrigation Manager
RE: Water Resources and Development in West Valley
The subject of water resource management and its relationship to development in West Valley
and other parts of the City has been discussed with the Council Economic Development
Committee and was presented to the full Council at their April 24, 2007 Study Session. Of primary
concern is that irrigation water traditionally used for agriculture from the canal companies and
irrigation districts may not be put to full use as housing replaces agriculture. In Washington State,
there is much case law to support that water not being put to its full beneficial use is subject to
relinquishment — "use it or lose it". Additionally, where water to irrigate lawns at these new homes
is supplied from municipal sources, like Nob Hill Water Association, those municipal water rights
would be used up faster limiting future growth. Attached is an outline of the issues discussed with
Council. These conditions demonstrate that coordinated resource management of water rights is
in the long-term interest of the City of Yakima, Nob Hill Water Association, the various irrigation
districts and canal companies serving our community, as well as the general public.
Much has occurred over the months since Council was last briefed on this issue. City
representatives have collaborated with Nob Hill Water Association, Yakima Valley Canal
Company, Yakima Tieton Irrigation District, and the Central Washington Home Builders
Association to address the issue of water resources in a comprehensive manner.
Councilmembers McClure and Lover have participated in this effort. Issues, options, and
resolutions discussed to insure continued use of the irrigation and irrigation district water rights
were varied and included:
• Enacting development rules that require developers to install separate irrigation
infrastructure in which the City would own and operate the new systems
• Enacting development rules that require developers to install separate irrigation
infrastructure and have Nob Hill Water own and operate the new systems
• Enacting development rules that require developers to install separate irrigation
infrastructure and have the canal company or irrigation district own and operate the new
systems
• Enacting development rules that require developers to install separate irrigation
infrastructure and have home owner associations own and operate the new systems (this is
currently being done now in many developments)
• Transferring water rights that were used for irrigation to Nob Hill Water so the water could
be provided through their municipal water system (Nob Hill Water supplies the domestic -
municipal water for West Valley)
• Transferring water rights that were used for irrigation to the City of Yakima so the water
could be provided to the Nob Hill Water municipal water system via intertie(s)
• Nob Hill Water would require developers to install separate irrigation infrastructure as a
condition of receiving municipal -domestic water from Nob Hill Water and Nob Hill Water
would own and operate the new systems
• _ Through cooperative agreements and cost sharing between Nob Hill Water •
developers, developers would install separate irrigation infrastructure and Nob Hill Water
would own and operate the new systems
We are pleased to report that a tentative final resolution has been achieved. After several
discussions, it was decided that a cooperative agreement and cost sharing program with Nob Hill
water and the developer(s) is the best solution. Developers will install separate irrigation
infrastructure and Nob Hill Water will own and operate the new systems eliminating the need for
new development regulations. The, first agreement that will serve as a model for other
developments is currently in affect between Nob Hill Water Association and Cottonwood Partners.
The City of Yakima, Yakima County, Nob Hill Water Association, Yakima Tieton Irrigation District
and Yakima Valley Canal Company are in the process of developing a Memorandum of
Understanding (MOU) which will outline the issues and define the roles of each entity. The
Central Washington Home Builders Association will be providing input for the development
community. The MOU will be presented to Council for approval at the appropriate time.
This will insure the water rights which have senior priority dates from the Canal Companies and
Irrigation Districts will continue to be put to beneficial use. Nob Hill Water's municipal water rights
will be available for additional future growth while maintaining maximum flexibility to determine the
economics of an irrigation infrastructure system. This simple, yet elegant solution to a potentially
NI
critical public policy problem is being accomplished without the need for new developm
regulations, an approach which the development community has appreciated.
•