A.   The city building inspector may grant a license to one or more residents of the city to take pond water from ponds which the city either owns or has a drainage and utility easement over for use in irrigating properties adjacent to such ponds. The city building inspector may, but shall not be required to, grant such licenses after making the following findings:
      1.   The pond generally has adequate water to support the appropriation request.
      2.   The water can be expropriated without creating a nuisance or otherwise disturbing the enjoyment of neighboring properties.
      3.   No adverse impacts are expected to occur as a result of the expropriation.
      4.   The requested appropriation is not likely to create a health hazard.
      5.   The pumping equipment proposed to be used is sufficient for the purpose and will not disturb neighboring properties.
   B.   All licenses issued under this chapter shall be amendable and/or revocable by the city building inspector at any time for any reason. In addition, the city building inspector may temporarily prohibit or limit the expropriation of water from one or more ponds when the city building inspector determines that such action is in the best interest of the city or its residents.
   C.   All license holders shall comply with the following requirements, as well as any site specific requirements set forth by the city building inspector:
      1.   The license holder shall not draw a total of ten thousand (10,000) gallons or more from one or more ponds on any given day.
      2.   All pumps used to remove water from the ponds shall be freestanding or located in a structure that is not connected to the city water supply system.
      3.   No water pumped from the ponds shall enter and no pump or irrigation system shall in any way be connected to any structure that is connected to the city water supply system.
      4.   All water appropriated from city ponds shall be used solely for outdoor lawn and plant irrigation purposes.
      5.   All license holders shall comply with all water appropriation restrictions set forth by the city council from time to time.
      6.   Licenses shall be issued to individuals and shall not be transferable.
      7.   No water may be taken from any pond when its water level is at or below one foot (1') below its normal water level.
      8.   No pumps, electrical equipment or appurtenances other than a suction pipe, check valve and influent screen shall be located within the public drainage and/or utility easement in which the pond is located.
      9.   The suction pipe shall be buried below grade and the influent screen shall be below the normal water elevation.
      10.   The license holder shall be responsible for installing the suction pipe, check valve and screen in the pond.
      11.   The city shall not be liable for any damage that may occur to the system due to work or maintenance within the public drainage/utility easement.
   D.   No pond water appropriation license request shall be considered by the city until an application fee, as established in section 3-1-3 of this code, has been received by the city. No additional license fee shall apply. (Ord. 2017-01, 1-3-2017)