A. From and after the effective date of the initial ordinance codified herein, any person who seeks approval of any of the following:

shall dedicate water rights to the Town of sufficient priority to produce, after dedication of such water rights to the Town and completion of any necessary Water Court transfer proceedings, at least one-half (0.5) acre-foot of deliverable supply per year, of which at least two-tenths (0.2) of an acre-foot per year must be fully consumable, for each EQR unit, determined in accordance with this section and PMC 9.30.080(D), and which will be available for diversion at such point or points of diversion as the Town may designate for use and consumption by the Town for municipal purposes; provided, that wastewater from in-house or in-building uses will either be treated by the Town’s municipal wastewater treatment facilities or other wastewater treatment facilities of equal efficiency and which provide similar return flow patterns. If wastewater from in-house or in-building uses will not be treated by the Town’s municipal wastewater treatment facilities or other wastewater treatment facilities of equal efficiency and which provide similar return flow patterns, the Town shall increase the dedication requirement so that, after dedication of such water rights to the Town, the water rights to be dedicated will produce an amount of deliverable and fully consumable water per year for each EQR which is sufficient to ensure an adequate supply of water to satisfy the proposed use or uses. In the case of a request for annexation of land to the Town, the person who seeks approval of the annexation shall comply with this chapter.

B. Any person required to dedicate water rights to the Town by subsection (A) of this section shall designate, on forms to be prescribed by the Town, all water rights proposed to be dedicated to the Town and shall provide a legal description of the land for which an extension of water service is requested or for which approval of annexation or a change in land use is sought; and, in addition, shall specify the proposed use or uses for which Town water service is requested and the number of EQR units required for such use or uses. The form shall be accompanied by a historical use affidavit, except that the Town may, in its discretion, require in addition to the historical use affidavit an engineering report prepared at said person’s expense by an engineer experienced in water rights matters, which report is determined by the Town to sufficiently analyze the historical use of the water rights proposed for dedication to the Town.

C. Thereafter, the Town shall make a determination as to whether or not the water rights are sufficient to satisfy the requirements of subsection (A) of this section. In making such determination, the Town shall consult with persons knowledgeable in water rights matters.

D. The dedication requirement shall be satisfied by the person seeking approval of the extension of water service, annexation or a change in land use, whether or not that person will be the ultimate user of the Town water service.

E. All costs and expenses to dedicate water rights to the Town to satisfy the requirements of subsection (A) of this section, or to dedicate water rights which the Town has otherwise accepted in accordance with PMC 9.30.080 shall be paid by the person required to dedicate water rights to the Town pursuant to this chapter. All costs and expenses necessary to change such water rights so they can be diverted and used by the Town for municipal use shall be paid by the person required to dedicate water rights to the Town pursuant to this chapter, or his or her successor in interest, by payment of all required Water Court transfer fees. (Ord. 561 §1, 2007)