(A) Except as noted in division (B), below, the subdivider shall establish within the subdivision ditch easements which:
(1) Are in locations of appropriate topographic characteristics and sufficient width to allow the physical placement and unobstructed maintenance of open ditches or below ground pipelines for the delivery of water for irrigation to persons and land legally entitled to the water under an appropriated water right or permit of an irrigation district or other private or public entity formed to provide for the use of the water right on the subdivision lots;
(2) Are a sufficient distance from the centerline of the ditch to allow for construction, repair, maintenance and inspection of the ditch; and
(3) Prohibit the placement of structures or the planting of vegetation other than grass within the ditch easement without the written permission of the ditch owner.
(B) The subdivider need not establish irrigation easements as provided above if:
(1) The average lot size in the proposed subdivision will be one acre or less and the subdivider provides for disclosure, in a manner acceptable to the governing body, notifying potential buyers that lots within the subdivision are classified as irrigated land and may continue to be assessed for irrigation water delivery even though the water may not be deliverable to the lots; or
(2) The water rights have been removed from the land within the subdivision or the process has been initiated to remove the water rights from the subdivided land; and
(3) The fact the water rights have been or will be removed from the land within the subdivision is denoted on the preliminary plat. If the removal of water rights has not been completed at the time the final plat is filed, the subdivider shall provide written notification to prospective buyers of the subdivider’s intention to remove the water right and shall document that intent, when applicable, in agreements and legal documents for related sales transactions.
(C) The subdivider shall, unless otherwise provided under separate written agreement or filed easement, show on the preliminary and final plat, and file and record with the County Clerk and Recorder, ditch easements for the unobstructed use and maintenance of existing water delivery ditches, pipelines and facilities in the proposed subdivision which are necessary to convey water through the subdivision to lands adjacent to or beyond the subdivision boundaries in quantities and in a manner consistent with historic and legal rights. A minimum width of ten feet is required on each side of irrigation canals and ditches for maintenance purposes. (Res. 607, passed 7-1-2019)