Mona staff says Carter building permit requires half-acre-foot culinary water; council considers contingency or market transfer

Planning staff told the Mona council during its April 22 work session that current municipal code requires half an acre-foot of culinary water per ERC for new building permits and that the Carters must either bring their own water share or purchase a city-owned share at a negotiated replacement cost.

The discussion centered on a parcel the Carters bought last July. "When the Carters came to me last year... it wasn't a % clear what the requirements were," planning staff said, describing difficulty finding archived subdivision records and noting the city's current code — updated and entered in Municode in September 2015 — requires 0.5 acre-foot per ERC.

The staff member said the city attorney advised applying current code at permit filing rather than grandfathering older standards: "the attorney feels that the Carters would need to bring in their own half acre foot of water or buy from the city at today's... replacement cost."

Councilmembers discussed options for the Carters, including (1) buying a city water share at a council-negotiated price, (2) purchasing culinary credit on the open market from a private seller, or (3) demonstrating an own-source transfer. Planning staff told the council a starting replacement-cost estimate discussed among staff and the city engineer was between $10,000 and $15,000; staff cautioned the final price would be set by the council and formalized by the city attorney in contract form. One councilmember noted market prices are uncertain: "The last I heard was 25," the councilmember said, referring to a higher private-market number.

Property owner (Applicant) remarks reflected frustration at inconsistent records. The Applicant said the lot was purchased in July and: "When we bought the lot, we were told it was all there... I would not have bought the lot." The Applicant asked whether council could place a contingency on the building permit to allow construction to proceed while the water issue is resolved; staff said the council could place a contingency in the permit and recommended options include setting a contingency price (for example, $15,000) or allowing the applicant to find a cheaper private share.

No formal council vote was recorded during the work session on this item. Staff said the matter will be placed on the council meeting agenda for a decision and that the city attorney would draft any contract if the council chooses to offer a city share.

Why it matters: The requirement affects whether property owners must secure culinary water before receiving final building permits, with direct cost and schedule implications for homeowners who purchased lots under older subdivision paperwork.

What happens next: Staff will supply supplemental documents to the full council and the city attorney would draft contract language if the council elects to sell a city share or set a contingency price at the council meeting.