Title 13 Public Utilities and Services
Chapter 13.045 Intertie Agreements and Wa ter Rights
Section 13.045.030 Intertie Contract Components
All renewed, revised or new wa ter intertie agreements shall include the following provisions:
A maximum term no longer than twenty years for supplemental supply and five years for emergency supply, inclusive of renewa l options;
Required five year agreement reviews within any term for supplemental supply and two years for any emergency supply, including the right of the City to cancel agreements after such review if the wa ter purveyor is not in compliance with the terms of the agreement, including contractually required conservation measures;
Definition of maximum wa ter flow rates and maximum annual wa ter volumes for supplemental and emergency wa ter supply;
A description of the historical and current wa ter supply situation that forms the basis of the terms of the agreement and the proposed future wa ter supply planning. ;
Wa ter provided under the contract is for the use in the wa ter purveyor’s designated service area and the wa ter purveyor shall not wheel or wholesale any wa ter received from Spokane beyond what is set out in their wa ter system plan or an agreement existing at the time the contract is signed without first obtaining written permission from the City of Spokane.
Provisions regarding collaboration on system loss and efficiency measures within the wholesale wa ter purveyor’s infrastructure that meets state standards;
All Parties must have an existing written wa ter conservation plan with specific reasonable goals and are required to implement and maintain annual wa ter conservation, reduction of system loss in accordance with Chapter 246-290 WA C and efficiency measures with a measurable goal of reducing the annual amount of wa ter consumed per capita year over year especially during Summer and early Fall consistent with state law. The plan will include program effectiveness consultations at least every three years, including documentation of changes in total gallons used and per capita use on an annual and seasonal basis by customer class;
All Parties shall participate in any drought response wa ter conservation measures triggered by weather conditions and/or Spokane River flows as may be developed and adopted by the City for all retail and wholesale customers with a methodology for reasonable notice included in the contract; and
A written acknowledgement in the contract that the wholesale wa ter supply may be curtailed or interrupted due to drought, low flows in the Spokane River, or shortage pursuant to such reasonable rules and measures adopted by the wa ter department that are consistent with city code, adopted plans, and state law.
Date Passed: Monday, July 9, 2018
Effective Date: Wednesday, August 22, 2018
ORD C35630 Section 1
