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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 • Ip 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. 365 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. 2 • 366 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 r 'im! - 1 EMBER DATE ATTEST: lei /% f 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 1 3