Council approves ordinance requiring dedication of irrigation water for subdivisions with private water

Council approved an ordinance (create section 8‑1‑16) that would require developers to dedicate a portion of on‑site private water (groundwater rights or canal shares appurtenant to the land) to the city as a condition of suburban subdivision approval when that private water currently serves the property. In return, the city will waive the portion of the secondary water impact fee related to acquiring that water.

Staff explained the ordinance applies only where private water is already appurtenant to the property proposed for development. The acquisition would be limited to the volume necessary to meet the subdivision's outdoor irrigation needs; the owner would be compensated through the fee waiver. Staff said they had considered but rejected a five‑year look‑back provision because of legal concerns and case law.

The water board had unanimously recommended approval at its May 27 meeting. Council discussion noted potential timing and market‑behavior issues (e.g., an owner could sell water before subdividing to avoid the requirement), and staff said there is no straightforward mechanism to prevent some timing strategies but noted adequate compensation and negotiation would reduce perverse incentives.

Action: council voted to approve the ordinance. The motion was recorded in the meeting minutes; the water board recommendation and staff report were noted in support.