Council reviews proposed easement for city water line across private property

Councilmembers reviewed a proposed easement that would allow the city to access and maintain a city water line crossing two privately owned mining-claim parcels owned by a property owner identified in the transcript (Wern/Werntharpe in the discussion) during the Jan. 27 work meeting.

Staff described the proposal as a non-descriptive easement (the exact route through the parcels was not specified) that would grant the city access to maintain or repair roughly 2,000 feet of line where the city’s pipe runs across the parcels. The easement discussion included a related question raised by the property owner: whether the city would covenant not to object to that owner’s application to change the point of diversion for an associated water right and allow up to 5 acre-feet to be attached to the diversion point. City counsel or an external legal reviewer was asked whether the city had an associated water right for the abandoned well; staff confirmed the city’s water rights are tied across several points of diversion and that abandoning a physical well does not abandon the water right itself.

A legal advisor present (identified in the transcript as Todd) indicated that providing a contractual covenant not to object to an application to change point of diversion is not necessarily troubling unless the diversion would affect the easement. Council members agreed the request could be handled in regular council session for action and that the easement itself appears administratively acceptable so long as it does not impair access or maintenance of the city’s buried infrastructure. No final action was taken at the work session.

Ending: Council will consider acting on the easement at a regular city council meeting after staff and counsel complete any necessary adjustments or legal review.