1. Purpose: Boise City is committed to appropriate growth that does not exceed the supply of available water. The purpose of this Section is to confirm, prior to planning approval, the long-term adequacy of water supplies to serve the development or redevelopment of land. The City recognizes that water supply is regulated by several state agencies and does not intend this regulation to duplicate or conflict with such jurisdiction. Pursuant to the Local Land Use Planning Act (LLUPA), however, the City will consider the impact of development on water supplies and water quality. Assured water supply requirements are intended to provide protection and benefit to residents, the development community, designated water providers, and other regulatory agencies by ensuring that land development and growth aligns with long-term water supply needs. This Section is intended to supplement the roles and responsibilities of the State of Idaho's water supply regulators solely for planning and zoning purposes, to confirm that water resources will be available to serve continued growth in Boise.
2. Applicability:
(1) All proposed development on previously undeveloped lands; or
(2) All proposed redevelopment that:
(a) Includes the creation of five or more total dwelling units; or
(b) Is in a Groundwater Management District (GMD) defined by Idaho Statute 42-5224; Critical Groundwater Area (CGA) or Groundwater Management Area (GMA) defined by Idaho Statute 42-233A and 233B, respectively; or an Aquifer Recharge District (ARD) defined by Idaho Statute 42-4202.
B. These requirements apply whether or not the proposed development or redevelopment requires a Subdivision of Land.
3. Exemption: The Planning Director may exempt a project from the requirements of this Section if the applicant has submitted information demonstrating that, upon completion of the project and issuance of all required use and occupancy permits, the development or redevelopment will not increase total consumptive water use when compared to the use of the property at the time of application.
4. Designated Water Provider: Every provider of water for drinking or general domestic use as a public utility, with a service area within the City limits or the City Area of Impact and that intends to serve any proposed redevelopment or new development subject to the provisions of this Section, is required to be certified as a Designated Water Provider by demonstrating it has an Assured Water Supply, as defined in Subsection 5 and approved by the Planning Director or designee.
5. Elements of Demonstrating Assured Water Supply: To demonstrate a water supply is assured, the information provided shall meet the following criteria. A Designated Water Provider shall base its analysis of the criteria upon reasonable population projections within the existing certificated service area. An individual applicant shall base its analysis on the maximum permitted occupancy of the proposed development or redevelopment:
A. Physical and Legal Water Availability:
(1) An individual applicant shall demonstrate that it has sufficient physical and legal water availability by providing a copy of its water right permit or license issued by the Idaho Department of Water Resources or a decreed water right issued by a court of competent jurisdiction, with a permitted quantity in an amount sufficient to supply water to the maximum occupancy of the development. If the applicant does not have a water right permit, license, or decreed water right at the time of application, the applicant may submit, in the alternative, a hydrologic analysis demonstrating the physical availability of water supply for the demand of the development or redevelopment. In such case, any approval will be conditioned on the issuance of a water right permit or license.
(2) A Designated Water Provider shall demonstrate that it has sufficient physical and legal water availability by providing:
(a) A copy of the water right permit(s) or license(s) issued by the Idaho Department of Water Resources or water right(s) decree issued by a court of competent jurisdiction; and
(b) A hydrological analysis demonstrating the physical water supply, under such right(s), when used consistently over time, will be sufficient to meet the total forecasted demand at full build out within the existing certificated service area.
(3) A hydrological analysis shall include, at minimum, the following elements:
(a) A description of the study area;
(b) A description of all supply sources;
(c) Current annual demand, committed demand, and project future demand;
(d) Summary of depth to static water levels; and
(e) aquifer characterization and evaluation.
B. Continuous Water Availability:
(1) Demonstrate the redundancy in supply and delivery of water will be continuous and reliable under any reasonably foreseeable circumstance such as, but not limited to, peak demand in consideration of available supply and facilities, climate change, and priority administration of water rights for the 50 year period to service the:
(a) Proposed development for an individual applicant; or
(b) Forecasted total demand at full buildout within the existing certificated service area for a Designated Water Provider.
(2) For surface water, this may include consideration of historic diversions and volumes available compared to the maximum authorized diversions and volumes, as well as the timing of supply compared to timing of demand. For ground water, this may include consideration of historic well production compared to ground water elevations at the well(s), as well as historic recharge and recovery of aquifer storage and recharge well(s). The analysis of the reliability and continuity of water supply shall include long-term agreements, percentage of supply provided by each source, a description of the integration of all supply sources to meet demand under representative water-year types (wet, normal, dry, critically dry) and a drought plan.
C. Adequate Delivery and Quality: Approval of the development application will be conditioned on meeting applicable state requirements for adequate water delivery, storage, treatment works, and water quality. For purposes of certification, the Designated Water Provider shall provide its long-term capital improvement or facilities plan as part of this requirement.
D. Compliance with GMD, CGA, GMA, ARD Standards: If the application is located in a Groundwater Management District (GMD), Critical Groundwater Area (CGA), Groundwater Management Area (GMA), or Aquifer Recharge District (ARD), approval of the development application will be conditioned on meeting applicable state standards and requirements.
E. Standards and Guidelines: Established City standards and guidelines, as hereafter adopted or as amended, for implementing the Assured Water Supply provisions and conducting the Assured Water Supply analysis, are incorporated by reference and made a part of this Section and shall be enforced as requirements of this Code.
6. Proof of Assured Water Supply Required:
A. Proof of an Assured Water Supply, as defined in Subsection 5 above, may be provided by:
(1) A letter from a Designated Water Provider committing all or a portion of its Assured Water Supply to meet the anticipated water demands of project completion; or
(2) Information and analysis from the applicant, prepared and submitted at the applicant's expense, confirming an Assured Water Supply for project completion.
B. Applicant shall comply with all licensure requirements of Idaho state code, to the extent submission of information within such analysis is subject thereto.
7. Representations: The proof of Assured Water Supply shall be submitted on a form acceptable to the City Attorney and include a written representation by the Designated Water Provider or the applicant, that:
A. The information is true and complete to the best of their knowledge;
B. The representations are binding upon the signing party and its successors in interest; and
C. The individual executing the letter or analysis, as applicable, has any and all required authorization to submit the materials.
8. Certification and Required Recertification: Upon review and approval of the proof by the Planning Director, the application is certified to have met the requirements of this Section, provided that the applicant or Designated Water Provider, as applicable, shall recertify proof of its Assured Water Supply if any of the follow occur:
A. By the Designated Water Provider:
(1) More than 10 years have passed since obtaining approval by the Planning Director or designee of its Assured Water Supply;
(2) The Designated Water Provider applies to enlarge its certificated service area; or
(3) The city has experienced extreme or exceptional drought, according to the United States Drought Monitor, for a majority of months within each calendar year for a period of three consecutive years.
B. By the Applicant: If prior to completion:
(1) More than 10 years have passed since obtaining approval by the Planning Director or designee;
(2) The project, subject to the application, has changed in scope such that there is a change in the type or intensity of water demand; or
(3) The city has experienced extreme or exceptional drought, according to the United States Drought Monitor, for a majority of months within each calendar year for a period of three consecutive years. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023)