A. Permit Required: An operator of a well shall not sell, lease or otherwise transfer water from one legal parcel to a nonadjoining legal parcel without obtaining prior approval from the city by applying for and obtaining a water transfer permit, in accordance with this article.
B. Permit Procedures: The director of public works may issue water transfer permits in accordance with title 4, chapter 1, article 1 of this code.
C. Standards For Permit Issuance: The director of public works may issue a water transfer permit if the director finds that the nonadjoining parcel is not concurrently receiving water service from the city and that the applicant has satisfied the general criteria of section 4-1-103 of this code.
D. Limit On Amount Transferred: The well operator may only transfer up to the average amount of the water which was consumptively used annually in the five (5) year period proceeding the calendar year in which the transfer is requested. If the well was in operation for less than five (5) years prior to the request for transfer, the director may establish a limit on the amount of water which may be transferred based on the amount of water consumptively used from the well in the years immediately prior to the request or the average amount of water consumptively used annually from similar wells in the area.
E. Other Conditions On Transfers: The well operator shall comply with any other conditions imposed by the city to avoid injury to existing lawful users and the environment. (Ord. 99-O-2327, eff. 6-4-1999; amd. Ord. 06-O-2506, eff. 11-3-2006)