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Council approves license allowing private water line through city easements to serve Alaya lakes, 4–1
Summary
After months of negotiation the council approved a perpetual license for a private non‑potable water system to serve lakes in the Alaya PCD; the agreement makes the developer responsible for construction, maintenance and Bluestakes registration but drew a dissenting vote over right‑of‑way and liability concerns.
The Washington City Council on July 8 approved, 4–1, a resolution granting a perpetual license and agreement that permits a private, non‑potable water main to be located within certain city public‑utility easements to serve lakes in the Alaya planned community.
City Attorney Thad Sigler told council the development has long been required not to use culinary (potable) water for lake features; because the developer must build a private system but needs to cross or use some public easements, the agreement sets standards and record‑keeping that the city required before permitting the license. Key contract elements include the developer’s obligation to construct, operate, inspect and maintain the private lines; indemnify the city; carry a higher insurance policy than typical developments; register facilities with Bluestakes; and meet specified construction and signage standards so the private line is identifiable and does not connect to the municipal culinary system.
Council debate focused on operational and future risks. Several council members worried about placing a private system within the city right‑of‑way or public‑utility easement (PUE): if future city or franchise utilities need expansion, the private line could complicate work; if the private system fails, the city could be left with remediation tasks. Staff said most of the routing lies in PUEs outside of the roadway, that crossings are minimized, and that the agreement includes breach provisions that let the city revoke the easement right if the licensee fails to comply. Staff also said they could add a bond requirement if council wanted additional financial security; the current agreement contains no cash bond.
The motion to approve included a condition that the licensee adhere strictly to the map/exhibit presented to council. Councilmember Caspersen voted nay, citing concerns about use of city right‑of‑way and transferring long‑term infrastructure responsibilities.
Next steps: the license is in effect and staff will follow the agreement’s construction and Bluestakes requirements; staff said they will work to ensure the private piping is visibly differentiated from culinary and secondary water lines per the agreement.
