Title 13 Public Utilities and Services
Chapter 13.045 Intertie Agreements and Water Rights
Section 13.045.030 Intertie Contract Components
All renewed, revised or new water 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 renewal 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 water purveyor is not in compliance with the terms of the agreement, including contractually required conservation measures;
- Definition of maximum water flow rates and maximum annual water volumes for supplemental and emergency water supply;
- A description of the historical and current water supply situation that forms the basis of the terms of the agreement and the proposed future water supply planning. ;
- Water provided under the contract is for the use in the water purveyor’s designated service area and the water purveyor shall not wheel or wholesale any water received from Spokane beyond what is set out in their water 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 water purveyor’s infrastructure that meets state standards;
- All Parties must have an existing written water conservation plan with specific reasonable goals and are required to implement and maintain annual water conservation, reduction of system loss in accordance with Chapter 246-290 WAC and efficiency measures with a measurable goal of reducing the annual amount of water 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 water 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 water 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 water 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
