HomeMy WebLinkAbout171 - 12/17/2013 - AMENDING ARTICLE III OF CHAPTER 26 OF THE CITY CODE TO ELIMINATE WATER RIGHTS BANKING BY THE CITY'S ORDINANCE NO. 171, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE III OF CHAPTER 26
OF THE CODE OF THE CITY OF FORT COLLINS
TO ELIMINATE WATER RIGHTS BANKING
BY THE CITY'S WATER UTILITY
WHEREAS, Article III of Chapter 26 of the City Code establishes terms and conditions
related to the operation of the City's Water Utility, including terms and conditions for water
service and the rates, fees, charges and other requirements associated with obtaining, or
increasing the level of, water service; and
WHEREAS, included among the requirements in Article III are provisions related to the
delivery of water rights, or cash in-lieu of water rights, to the Water Utility in connection with
new or increased water service (the "Raw Water Requirement"); and
WHEREAS, as part of that Article, City Code Section 26-150 provides that an owner of
water rights may submit those rights to the Water Utility and obtain either credit or a City water
certificate to document a transferable credit, both of which may be used to meet a future Raw
Water Requirement, a practice referred to as "banking;" and
WHEREAS,-while there has been benefit to the Water Utility in the past of banking water
rights, the continued unlimited acceptance of water rights as a credit for future, unspecified use
transfers the financial obligation of water right ownership without any significant benefit to
existing rate payers and interferes with the ability of the Water Utility to make changes to its raw
water practices as it relates to managing its water supply-, and
WHEREAS, banking of water rights results in an increased cost to the Water Utility
because the Water Utility becomes responsible for irrigation company annual assessments and
other costs associated with banked shares; and
WHEREAS, the elimination of water rights banking will not affect the Raw Water
Requirement that applies to new and increased water service; and
WHEREAS, the City Manager and staff have recommended to the City Council that City
Code Section 26-150 be amended to eliminate the banking of water rights; and
WHEREAS, based on the foregoing, it is the desire of the City Council to amend City
Code Section 26-150 as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that subsection (b) of Section 26-150 of the Code of the City of Fort Collins is
hereby amended to read as follows:
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Sec. 26-150. Raw water requirements; satisfaction.
(b) The satisfaction of the minimum RWR shall be made no later than the time
of issuance of the water service permit. An owner of water rights or City-issued
water certificates may submit acceptable water rights and/or City-issued water
certificates to the City together with an application for a water service permit, and
will be credited accordingly for raw water value to satisfy, in whole or in part;
assessed RWR on such application for a water service permit. Once the water
rights or City-issued water certificate have been designated to satisfy the RWR for
water service for a particular premises, they shall not be transferred to another
property.
Introduced and considered favorably on first reading, and ordered published this 3rd day
of December, A.D. 2013, and to be presented for final passage on the 17th day of December;
A.D. 2013.
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Passed and adopted on final reading on the 17th_ddaayy of December, A.D. 2013.
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