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Genola council begins drafting rule to keep Strawberry Valley water tied to local development
Summary
After a Sept. 18 change allowing Strawberry Valley Project water to be transferred for municipal or industrial use, Genola council discussed a proposal to require developers to assign required irrigation water to the town at subdivision to prevent water leaving the community; council asked staff and legal counsel for a written ordinance draft and further study.
Genola council members spent a large portion of their meeting discussing whether the town should require developers to deed Strawberry Valley Project irrigation water to the town at the time of subdivision to prevent that water being transferred off the land for municipal or industrial uses.
Mayor outlined the change on Sept. 18 that allows Strawberry Valley water to be removed from the land and sold for nonagricultural uses and said the town’s proposal would require the water to be assigned to Genola at development while leaving a landowner the beneficial right to use that water. "The town of Genola would be the owner of that water with the expectation that whoever bought that lot to which it is assigned would be the ones to use it," the mayor said, adding that if a landowner does not pay the associated assessments the town could rent the water to others within town limits so it does not leave the community.
Councilmembers raised legal and practical concerns, including whether forcing a transfer in all subdivisions would be lawful or practical for large-acreage family transfers. One councilmember asked for limits so that routine agricultural transactions and certain transfers among family members would not trigger the requirement. The mayor said those exceptions can be drafted: "You can write the ordinance to require the water only under specific circumstances," he said, and suggested defining what constitutes a development or a building lot that would trigger the transfer.
Council members and residents also discussed how the town would manage billing and delivery. The mayor said the town would pay Strawberry Water Users and Highline Canal delivery charges and then bill the lot owner; if the owner fails to pay, the town would make the water available to others in town for the same costs already incurred. Several council members urged careful drafting and consultation with the water district managers and legal counsel before taking action.
Council asked staff to prepare a written proposal, coordinate with Strawberry Water Users and Highline Canal Company for operational details, and consult legal counsel about scope and possible exemptions. No ordinance was adopted; council framed the item as the first of many discussions required to define a workable, legally defensible policy.
