No open gravity flow irrigation or drainage ditches shall be permitted within the boundary of a development unless approved by the city engineer. The developer, builder or property owner receiving development approval, building permit or similar approval or permit from the city shall pipe all ditches, whether for transporting irrigation, drainage or waste flow water, in accordance with the requirements of this section.
A. Temporary Exemption:
1. The developer, builder or property owner receiving development approval, building permit or similar approval or permit from the city for a residential structure outside of a recorded subdivision may be granted a temporary exemption from the piping requirement if the ditch to be piped is not piped for at least twenty five percent (25%) of the linear distance two hundred fifty feet (250') upstream from the proposed piping and two hundred fifty feet (250') downstream from the proposed piping.
2. The developer, builder or property owner who is granted a temporary exemption from the piping requirements shall pipe the ditch at least twenty five percent (25%) of the adjoining ditch within the two hundred fifty foot (250') distance is piped. For the purpose of determining the twenty five percent (25%) limitation, the ditch shall be deemed to be piped if it has been granted the temporary exemption under this section.
B. Construction Standards: Irrigation and drainage piping shall comply with the public improvement standards, specifications and plans. The piping shall be of sufficient size and design to handle the reasonably anticipated flow of the irrigation water. The planning commission may, for good cause shown and after receiving a recommendation from the city engineer, waive the requirements of this subsection if it can be reasonably shown that the public is generally protected and that the water to be delivered through the piped ditch is not diminished in quality or quantity.
1. In cases where the ditch upstream from the development is not enclosed, the developer, builder or property owner shall install appropriate boxes, gratings and covers to keep large debris and unauthorized persons from entering the piped ditch. Where the piping runs along the perimeter of the development or property and water users who own adjacent property utilize the ditch, the developer, builder or property owner shall install appropriate weirs, head gates and access boxes, at the appropriate locations, to accommodate the water users.
2. Prior to receiving development approval, building permit or other city approvals or permits, plans shall be submitted for piping of ditches, and shall indicate easement locations.
3. At the time of submission of engineering and technical drawings and materials, detailed engineering drawings and plans shall be provided showing the topography of the finished grade and the piping system to be installed.
4. For private irrigation ditches, written approval of the water users is required before the ditch is piped. It is the responsibility of the developer, builder or property owner to identify the water users.
a. The watermaster responsible for the ditch shall be invited to attend any preconstruction conference.
b. Development and construction activities shall not interfere with or impede the flow of water within the ditch during the irrigation season, unless there is accommodation acceptable to the water users.
c. An unused or abandoned irrigation or drainage ditch may be filled in if written approval is obtained from the persons having water rights within the ditch. The written approval of the water users shall be obtained and presented to the city engineer prior to receiving development approval, building permit or other city approval.
C. Inverted Siphons: The city shall maintain those inverted siphons installed under a city-owned roadway or where required by the city (regardless of where siphon is located) when the siphon is made necessary to accommodate increased traffic demands or to address legitimate public safety concerns. The city shall maintain those inverted siphons installed at those locations designated by the city engineer.
D. Dedication of Improvements: Irrigation improvements and facilities shall be owned by the irrigation water users, who shall be thereafter responsible for the operation, repair and maintenance thereof. (2001 Code § 89-6-407; amd. 2009 Code)
E. Easements: Easements necessary for the piping and maintenance of the irrigation ditches shall be shown on the final subdivision plat, where applicable. In cases where a ditch is removed from an existing easement to a new location, the developer, builder or property owner shall convey to the water users an easement, not less than five feet (5') on each side of the centerline of the pipe, for the relocated and piped ditch.
F. Construction:
1. The city's construction manager shall invite the watermaster responsible for the ditch or his designee to attend the preconstruction conference, when applicable.
2. The developer, builder or property owner shall take such actions as are necessary to avoid interference with the flow of water within the ditch during the irrigation season.
3. Unused, abandoned irrigation or wastewater ditches may be filled in if written approval is obtained from the persons having water rights within the ditch. The written approval of the water users shall be obtained and presented to the city engineer prior to final development approval. (2001 Code § 87-5-111; amd. 2009 Code; Ord. 19-48, 12-11-2019, Effective at 12 noon on January 6, 2020)