Council approves ordinance requiring dedication of existing private water for irrigation when property is subdivided

Hurricane City Council adopted an ordinance Thursday that will require land developers to dedicate sufficient water to the city for outdoor irrigation when a parcel that already has private water rights (for example, groundwater rights or canal shares appurtenant to the land) is proposed for subdivision.

Under the new section (drafted as a code addition to Title 8), if a subdivision is proposed on property currently served by water appurtenant to the land, the city will require dedication of the portion of those water rights or shares necessary to meet the subdivision’s outdoor irrigation needs. To compensate developers for dedicating existing water rights to the city, the ordinance waives the portion of the secondary (irrigation) impact fee associated with acquiring water to serve new developments. The measure does not require dedication for land that does not already have water associated with the property.

At its May 27 meeting the Water Board unanimously recommended the change, and the council discussed the ordinance Thursday with water‑board members in attendance. Staff said the measure will help the city acquire water needed for growth in areas where properties already carry appurtenant water rights while avoiding double charges to developers.

Councilmembers asked whether the city could prevent speculative behavior — for example, an owner selling off water shares before subdividing to avoid the requirement — and staff said legal limits make a retroactive “look‑back” difficult; instead the ordinance triggers the dedication requirement at the time of subdivision approval and provides the impact‑fee waiver as compensation.

Councilmember Fossett moved and Councilmember Hershey seconded the ordinance; the motion carried unanimously.