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19.23.010 Dedication of Water Shares

            (1)        Prior to final approval of any subdivision or other development activity requiring water service or an increase in water service, from the City, the developer shall dedicate to the City, a sufficient quantity of water necessary to provide and deliver water to each lot and/or dwelling unit, or use, within the new development.  A sufficient quantity of water shall be defined as follows:

                        (a)        A sufficient number of water system shares or supply, to provide a minimum of three (3) acre feet of water per acre of land proposed for development.  The City Engineer may adjust this amount depending on the type of use and the water requirements for the use.

                        (b)        Where developer seeks to develop property within the City and where the property has appurtenant shares of water that exceed the amount required for dedication to the City, the City shall have a first right to purchase such shares at fair market value, and may exercise such right within a period of six (6) months from the date of final subdivision approval.

            (2)        The water shares provided pursuant to the provisions of this Section shall comply with the following requirements:

                        (a)        That the shares shall be shares from the Davis Weber Canal Company, Kayscreek Irrigation Company, Holmes Creek Irrigation Company, or from such other sources as may be approved by the City Engineer.

                        (b)        The subdivider shall provide for the transfer of water rights to the City and shall assist in making the water reasonably accessible for use by the City by cooperating in the need for any transfer of point of diversion or change of use.

            (3)        The dedication of water shares shall be required of all development requiring water service from the City.  A narrow exception may be granted by the City Council only if all of the following criteria are met:

                        (a)        The literal enforcement of this provision would cause an unreasonable hardship for the developer.  In determining whether or not the enforcement of this Section would cause unreasonable hardship, the City Council may not find unreasonable hardship if the hardship is self imposed or economic.

                        (b)        There are special circumstances relating to this property, which created the absence of valid water shares, that were not within the control of the applicant or any predecessor in interest.

                        (c)        That development cannot occur upon the property without the shares.

                        (d)        The applicant shall bear the burden of proving that all of the conditions justifying the granting of this exception have been met.

                        (e)        The grant of an exception shall run with the land.

                        (f)        The City shall assess a cost to the subdivider, based on the costs of Weber Basin District Wholesale Secondary Water, plus ten percent (10%), as provided in the City's Consolidated Fee Schedule.

            (4)        The City Council, after considering a request for exception under this Section, may:

                        (a)        Accept a fee in lieu of the dedication, as provided above.

                        (b)        Deny development until this requirement is met.

Ord. No. 04-33, Enacted 11/4/2004Ord. No. 05-04, Amended, 2/22/2005
Ord. No. 04-69, Recodified, 12/16/2004