HomeMy WebLinkAbout04/24/2007 Adjourned Meeting / Study Session 364
ADJOURNED MEETING /STUDY SESSION
APRIL 24, 2007
8:00 A.M. - 9:30 A.M.
COUNCIL CHAMBERS - YAKIMA CITY HALL
1. RoII Call -
Present:
Council: Mayor Dave Edler, presiding, Council Members Micah Cawley, Norm
Johnson, Bill Lover, Neil McClure, and Susan Whitman
Staff: City Manager Zais and City Clerk Moore
Absent: Council Member Bonlender •
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2. Water Resources and Development in West Valley
Dave Brown, Water and Irrigation Manager, opened the session with discussion
about water resources and the impact of orchards being replaced by houses. Nob
Hill Water Association has been supplying the domestic water in West Valley, as
well as serving their irrigation needs. With watershed planning, we wanted to
encourage the use of municipal water supply and discourage the use of exempt
wells. Nob Hill Water is classified as a municipal supplier. We also want to make
sure we are using water efficiently and taking advantage of all of our resources.
We think the best advantage is using municipal suppliers but yard irrigation should •
be handled by the irrigation companies. This will allow more development to occur •
and protect the irrigation supply, because if it is not used it is subject to
relinquishment.
Matt Wells from K & L Gates law firm, referred to the Acquavella adjudication
where we learned that water rights on paper may not be the same thing as what
you truly have a legal right to. Changing a water right can be time consuming,
difficult, and you could lose some of those rights. The City's job is to try to steward
their resources. Mr. Wells supplied details on the risks that could result in
relinquishment and explained how, under the statute; relinquishment happens
automatically if the water isn't used within a five -year period. The City's water
rights are not subject to relinquishment for non use so the City can hold water to
support future growth. But, irrigation water rights are subject to relinquishment.
Over time, as land is converted from agricultural to residential and irrigation water
is not used, water rights can be lost forever. The question then becomes, how can
the valley steward the existing water rights to serve the land that is currently being
served? If you have a water right that is serving a property and it fits the service
need, keep using it. This is a sensible proposal that the City is looking into on how
to keep using the water that is already there. It is the least costly, is most efficient,
and also preserves the total water supply from the City.
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APRIL 24, 2007 — STUDY SESSION
Mr. Wells recapped the Acquavella court case. The initial report came out in
1997 -1998 and had negative impacts from the City's perspective. Water right
limitations would have constrained the City's ability to meet its current needs. The
City put in extensive exceptions with the court and there was a settlement with the
Nation and the DOE, approved by the court, clarifying issues and giving the City
more flexibility to meet the needs within the existing portfolio. The City was
allowed to use any of its water rights to meet any needs throughout the service
area. Another component was that, because the irrigation system was inefficient,
leaky, etc., the City agreed to voluntarily relinquish some rights after a ten -year
period. This allowed the City ten years to install efficiency upgrades. The
calculation was that the efficiency improvements would more than compensate for
the loss of water rights.
Dave Brown pointed out that we want to firm up the City's relationships with other
suppliers, e.g. Nob Hill Water, to supply the areas we are expanding into and our
urban boundaries. Development standards are a key component of those
relationships. He emphasized that this isn't a new idea and explained the history
behind it. When Yakima started moving west, LIDs started forming and we began
taking over canal companies that served the areas. Sixty systems went through
that process. The reasoning behind doing this was that water cost less and it
preserved our future growth. As city parks and schools developed, they continued
to use the irrigation system. But, something changed our focus in the 1950's and
we began to use domestic water for all purposes. The idea of requiring the use of
irrigation water for yard irrigation isn't new; Kennewick, Grandview, Prosser,
Granger, and Moxee are doing it and Sunnyside is also at this decision point. It is
also consistent with the Council's policy to rebuild the irrigation systems, which is in
progress. Some of the parks have gone back to using irrigation water. The
Yakima Municipal Code allows for conversion from domestic water to irrigation
water. Many of the West Valley developments will end up paying Yakima Valley
Canal for shares, yet there is no pipe network. If we are going to require these
irrigation systems to go in, we must look at development regulations. Although we
cannot give a per -lot cost at this time, we think this proposal is a responsible use of
all of our water systems. Water efficiency rules will also have to be developed and
set by Council. This proposal will help meet those efficiencies and should help
reduce the gallons -per- minute use per citizen. If Nob Hill Association runs out of
water, where does the development occur? We could get water out of the irrigation
canal if it hasn't already been relinquished. But, the best way to handle it is the
concept of using irrigation water for everything. There would be costs to develop it.
We have already developed some standards and design and can continue to
develop some real cost information. We need to talk with Nob Hill Water
Association, Yakima Valley Canal, and Yakima /Tieton Irrigation, as there are many
questions that need to be answered, such as who will operate it? Mr. Brown asked
for a consensus from Council on the idea.
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APRIL 24, 2007 — STUDY SESSION
3. Audience comments
Joe Walsh, Central Washington Home Builder's Association, said they are very
interested in how this progresses and will be involved in the development of
whatever eventual policy there will be. He said they would like to hear from the
Nob Hill Water Association as well. Dave Brown said that the irrigation companies
they have spoken with are in favor of the water being used, but are not in favor of
operating it, e.g. the billing to the homeowners. He said their next step is to talk
with Nob Hill Water, the two irrigation companies, the homebuilders, and
developers. The big issue is the cost for the systems, who pays to put them in,
and then what is the impact on Nob Hill Water Association. The other issue is
maintaining the same relationship with the County planners so our development,
regulations look the same.
4. Adjournment
McCLURE MOVED AND JOHNSON SECONDED TO ADJOURN. The motion
carried by unanimous voice vote. The meeting adjourned at 9:09 a.m.
READ AND CERTIFIED ACCURATE BY 7//
COUNCIL MEMBER DATE
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ATTEST: lei
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CITY C K • ID EDLER, MAYOR
Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office
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