A. Design Standards: All newly constructed water systems shall be designed according to the city construction and design standards as it pertains to water systems.
B. Water Systems Shall Be Dedicated To The City: All newly constructed domestic drinking water systems, constructed after the enactment of this chapter within the water service area, must be dedicated to the city, at the city's option, after the city inspects such system for compliance with the construction and design standards. Included in the public dedication of the water system, the water system owner must also provide a reasonable right of way and easement to allow for maintenance and service of the water system. (Ord. 202, 5-26-1992)
C. Conditions Of Annexation And/Or Approval Of New Development: As a condition of annexation into the city and/or as a condition of approval of new development within the city, the landowner and/or developer shall:
1. Secure suitable surface water rights adequate to satisfy all irrigation, aesthetic, amenity, or recreation needs of the proposed development and/or property proposed to be annexed. Said water rights must be valid, existing water rights recognized by the Idaho department of water resources (the "department"). If any transfer, amendment or other proceedings are required under Idaho Code or department rule or regulation for the city's use of such water, the owner and/or developer shall be solely responsible for the city's costs of completing the same and the city's costs of obtaining all necessary approvals from the department as a condition of annexation and/or development, including costs associated with mitigation;
2. Secure suitable ground water rights adequate to satisfy all ground water needs of the proposed development and/or property proposed to be annexed and transfer or assign said water rights to the city for inclusion into the city's municipal water supply system. Said water rights must be valid, existing water rights permitted or licensed by the department. If any transfer, amendment or other proceedings are required under Idaho Code or department rule or regulation for the city's use of such water, the owner and/or developer shall be solely responsible for the city's costs of completing the same and the city's costs of obtaining all necessary permits and approvals from the department as a condition of annexation and/or development, including costs of mitigation;
3. Pay for the city's costs of construction of municipal supply well(s) necessary to meet the demands of the proposed annexed property and/or new development. The city engineer shall determine the necessary location, number, and capacity of well(s) based upon the proposed development or other improvements. Said wells shall be constructed to city standards. The owner and/or developer shall be solely responsible for the city's costs of obtaining all necessary permits and approvals for such wells as a condition of annexation and/or development, including the costs of any required mitigation. The design and construction of municipal supply wells shall be reviewed and inspected by the city engineer;
a. At the option of the city, demands arising from more than one development may be served by a single well or centralized well with the costs thereof apportioned to the participating developments in proportion to their water demands.
4. Any well construction or development of ground water resources shall be prohibited within the city's municipal water service area except as may be set forth in a development agreement or by a special purpose permit issued by the building official and approved by the city council.
5. The requirements for obtaining surface water rights for irrigation, aesthetic, amenity, or recreation needs may be waived if the city determines that the landowner and/or developer is entitled to a waiver under subsection 9-4-1-9C2 of this code and that the landowner and/or developer cannot secure surface water rights by appropriation or transfer to the proposed development and/or property proposed to be annexed.
6. Nothing in this subsection shall require the transfer or assignment of a water right represented by shares of stock in a canal company. (Ord. 530, 10-18-2005)