Chapter 7.24 IRRIGATION SYSTEM

“Irrigation local improvement districts” or “ILIDs” means those districts, listed on Exhibit A, attached to the ordinance codified in this chapter and incorporated herein by reference, created and operated pursuant to RCW 35.92.260;

“Irrigation operating fund” means the irrigation operating fund described in YMC Chapter 3.112.

“Irrigation system,” or “system” in a context so indicating, means the waterworks and all other city-owned property used for the purposes described in YMC 7.24.030.

“Irrigation system water” means water conveyed through irrigation system waterworks and used for the purpose of irrigation.

“Person” means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents, or assigns. This definition includes all federal, state, or local governmental entities.

“Service area” means that area served by the irrigation system, and consisting of the various service area subdistricts.

“Service area subdistricts” or “subdistricts” means those areas designated on the map attached to the ordinance codified in this chapter as Exhibit B, which is incorporated herein by reference.

The area of each subdistrict shall correspond to a unique irrigation local improvement district, or existing subdivision thereof, created and operated by the city pursuant to RCW 35.92.260, or to such distinct area as the city may add to the irrigation system pursuant to YMC 7.24.140.

“Service lines” means the pipes that extend from the distribution mains to the individual properties to be served by the irrigation system.

“System” shall have the same meaning as “irrigation system.”

“Transmission mains” mean those irrigation system pipes twenty-four inches or greater in diameter, and related conduits, used to transmit irrigation system water to a distribution main system.

“Waterworks” means that system of conduits and conveyances belonging to the city and used for the purpose of diverting, storing, conveying, moving, and otherwise controlling the flow of water in the irrigation system. “Waterworks” includes, but is not limited to, dams, ditches, laterals, canals, pipes, and headgates, and all appurtenances thereto. (Ord. 97-63 § 4 (part), 1997).

Article II. Purpose and Operation of the System

7.24.020 Irrigation system.

The irrigation system shall be maintained, operated, and administered by the city as a single irrigation water utility system. The system shall consist of the existing water rights, shares in water companies, water transmission and distribution lines and canals, pipes, valves, pump stations, vehicles, equipment, and all irrigation water utility properties, rights and assets, real or personal tangible and intangible now owned or operated by the city and used or useful in the supply and distribution of water through the system within or without the city. The system shall include all properties, rights, and assets real and personal, tangible and intangible hereafter constructed or acquired by the city as additions, betterments, improvements, or extensions to said system properties and declared by the city council to be a part of the system. The system does not include any assets of the city that are a part of the domestic water system of the city, but includes all funds now held as operation and maintenance reserves for the existing ILIDs; provided, however, that such reserve funds shall be applied to no purpose other than the continued operation and maintenance of the system. (Ord. 97-63 § 4 (part), 1997).

7.24.030 Purpose and general authority.

The irrigation system shall be maintained and operated for the purpose of furnishing water for irrigation purposes. The city retains full power to regulate and control the use, distribution, and price of, as well as the charges for, the irrigation system and irrigation system water. (Ord. 97-63 § 4 (part), 1997).

7.24.040 Management of the system.

The city manager shall have full power to regulate the use, operation, and maintenance of the irrigation system and irrigation system water, including, but not limited to, the power to enforce this chapter, control waterworks, and assess and collect the charges set forth in this chapter. (Ord. 97-63 § 4 (part), 1997).

7.24.050 Authority to impose conservation measures.

During periods of emergency, as determined by the city council, when the irrigation system has an inadequate supply of water, the city manager may require system customers to implement one or more of the following measures to reduce consumption of water:

(a) Alternate day limitations;

(b) Time of day limitations;

(d) Limitation of uses; and/or

(e) Suspension of irrigation service. (Ord. 97-63 § 4 (part), 1997).

7.24.060 Fiscal year.

The fiscal year of the irrigation system shall commence on the first day of January and end on the last day of December each year. (Ord. 97-63 § 4 (part), 1997).

7.24.070 Report to council.

Not less often than every five years, the division manager shall report and make recommendations to the council based on a review of irrigation system rates and rate structures, compliance with bond covenants, compliance with policies relating to debt coverage ratios and the capital improvement program, the physical condition of the system, and compliance with state and federal law. (Ord. 2006-07 § 2, 2006: Ord. 97-63 § 4 (part), 1997).

Article III. Irrigation Local Improvement Districts

7.24.080 Inactive status.

A. The existing ILIDs of the city shall be placed in inactive status effective January 1, 1998. As of that date, annual assessments shall no longer be levied within the ILIDs for the payment of the expenses of maintenance, operation, rehabilitation, or reconstruction of the system until the ILIDs, or any of them, are again placed on active status by the city council. Until such time, such expenses shall be funded through a schedule of rates and charges levied by the city.

B. Notwithstanding subsection A of this section, upon failure of any person owning any property within the limits of any ILID to pay any assessment levied prior to January 1, 1998, the city council may direct that the water be shut off and all water service withheld from any such person for use on his or her premises until said assessment(s) and any and all interest thereon and costs, charges, or penalties in connection therewith are paid. (Ord. 97-63 § 4 (part), 1997).

7.24.090 Assets.

All assets of the city providing irrigation water service are declared a part of the system pursuant to YMC 7.24.020. Funds and accounts receivable credited to the operation and maintenance account of each ILID shall be transferred to the irrigation operating fund. It is found and determined that, to the extent that such transfers are deemed transfers between departments, public improvements, undertakings, institutions, or public service industries of the city, such transfers are supported by full and fair value in the form of the commitment of the city, hereby made, to continue to provide water for irrigation purposes within the territory of the ILIDs for not less than two years and to apply such moneys to the continued maintenance and operation of the system. (Ord. 97-63 § 4 (part), 1997).

Article IV. Rates, Charges and Billing

7.24.100 Annual rates and charges.

A. Annual charges shall be calculated as a function of the total square footage (“TSF”) of each lot, tract, or parcel served. These rates will be set forth in the city of Yakima master fee schedule adopted via resolution by city council.

B. All moneys billed and collected pursuant to this section shall be deposited in the irrigation operating or capital improvement fund pursuant to YMC 3.112.020. (Ord. 2022-040 § 31, 2022; Ord. 2022-035 § 1, 2022; Ord. 2018-051 § 1, 2018: Ord. 2010-52 § 1, 2010: Ord. 2006-64 § 1, 2006: Ord. 2005-57 § 1, 2005: Ord. 2003-47 § 1, 2003: Ord. 99-8 (part), 1999: Ord. 97-63 § 4 (part), 1997).

7.24.110 Effective date for rates.

The rates set forth in YMC 7.24.100 shall become effective on January 1, 2023, and shall remain in effect until amended by action of the city council. (Ord. 2022-035 § 2, 2022; Ord. 2018-051 § 2, 2018: Ord. 2010-52 § 2, 2010: Ord. 2006-64 § 2, 2006: Ord. 2003-47 § 2, 2003: Ord. 99-8 (part), 1999: Ord. 97-63 § 4 (part), 1997).

Article V. Areas Included in the System

7.24.140 Adding new areas to the irrigation system.

It is intended that this chapter serve in maintaining the existing irrigation infrastructure throughout the city, meeting the needs that additional ILIDs would have had to serve prior to the enactment of the ordinance codified in this chapter. The city council may approve additions to or extensions of the service area upon such terms and conditions as the council may determine are appropriate. The city manager may establish procedures and criteria relating to consideration of requests for such addition of areas. Areas with a clear need to maintain or reestablish irrigation infrastructure will be given priority. (Ord. 97-63 § 4 (part), 1997).

7.24.150 City termination of subdistrict irrigation system service—Conversion to domestic water system.

A. If the city council determines that it is not feasible to maintain or reestablish irrigation infrastructure serving a service area subdistrict, the city council may permanently terminate irrigation system service to that subdistrict and convert that subdistrict’s irrigation demand to the domestic water system.

B. The city council shall provide notice of and conduct a public hearing to receive public testimony regarding any proposed termination of irrigation system service to a service area subdistrict or group of subdistricts. After the public hearing has been conducted, the division manager shall make a recommendation to the city council regarding termination and conversion.

C. The division manager’s recommendation shall address all the factors set forth in YMC 7.24.160(B). The city council shall deny termination and conversion if the customer has reasonably available access to the irrigation system; or if sufficient capacity or water rights for conversion do not exist within the domestic system; or if conversion will cause a lack of compliance with statutory site design requirements and standards for lot coverage. The city council may, in its discretion, also deny termination and conversion based on other factors.

D. The division manager’s recommendation and the city council’s decision must be made as to an entire service area subdistrict or group of subdistricts, and shall not be made as to individual customers. (Ord. 2003-47 § 3, 2003: Ord. 97-63 § 4 (part), 1997).

7.24.160 Customer termination of irrigation service—Conversion to domestic water system.

A. An irrigation water service customer may request termination of irrigation water service on the grounds that the customer lacks and cannot reasonably obtain access to the irrigation system. Such request shall be made to the division manager.

B. The division manager shall render to the customer a written response regarding the request. In reviewing the request, the division manager shall consider factors including, but not limited to:

(i) The existence of reasonably available customer access to the irrigation system;

(ii) The capacity of the domestic water system to accommodate the customer’s irrigation demand;

(iii) The availability of domestic system water rights to meet the customer’s irrigation demand;

(iv) Compliance with statutory site design requirements and standards for lot coverage (Yakima urban area zoning ordinance, YMC 15.05.020);

(v) Necessary or required design standards;

(vi) The effect of such conversion on the adequacy of flow to other irrigation system customers;

(vii) The penetration rate within the territory served by the irrigation system;

(viii) Implications for the existing rate structure;

(ix) Capital costs imposed by the proposed conversion;

(x) Tax and related financial considerations;

(xi) Security for potential liabilities;

(xii) Consistency with applicable plans adopted under the Growth Management Act;

(xiii) The timing of the proposed conversion relative to the irrigation season, construction schedules, or other irrigation system activities;

(xiv) Implications of applicable governmental permits and authority; and

(xv) Costs associated with evaluating the proposed conversion.

No conversion shall be granted where the customer has reasonably available access to the irrigation system; or where sufficient capacity or water rights for conversion do not exist within the domestic system, or where conversion will cause a lack of compliance with statutory site design requirements and standards for lot coverage (Yakima urban area zoning ordinance, YMC 15.05.020).

C. If the division manager grants the request, the customer may convert to the domestic water system upon payment of the applicable domestic water system connection and related fees set forth in YMC Chapters 7.50, 7.56 and 7.68. (Ord. 2003-47 § 4, 2003: Ord. 97-63 § 4 (part), 1997).

Article VI. Reserved.

Article VII. Connections to the System

7.24.180 Service lines.

The city may install a single service line from a distribution main to the property line, of sufficient size to supply two or more separate properties. The installation of service lines extending from a distribution main to the property line, together with the necessary labor and materials for such construction, shall be made by the division; provided, that at the discretion of the division manager, service lines extending from a distribution main to the property line may be installed by private contractors according to division manager-approved plans and specifications. (Ord. 97-63 § 4 (part), 1997).

7.24.190 Ownership of extensions and service line.

A. The ownership of all transmission main and distribution main extensions, service lines, and appurtenant equipment maintained by the city shall be vested in the city, and in no case shall the owner of any property or premises have the right to claim or reclaim any part thereof.

B. In case of privately owned waterworks and services, and where there is no responsible organization or individuals as owners of such waterworks and services, work done as an accommodation shall not place ownership in the city. (Ord. 97-63 § 4 (part), 1997).

7.24.200 Plumbing regulations.

Any person desiring to connect property to the irrigation system shall, before such connection may be made, first comply with all plumbing regulations of the city, including those contained in YMC Chapter 11.44. Any person desiring to make such a connection outside the city limits shall secure a permit as provided in YMC Chapter 11.44, and pay the fees therein provided and be subject to the inspection therein provided, the same as though said property were located within the city limits.

No person shall hereafter connect property to the irrigation system until such person has fully complied with all the provisions of this chapter, and it shall be unlawful for the division manager to give any such person irrigation water service from the irrigation system or to connect the plumbing of said person thereto, until this chapter shall have been complied with by such person. At the time application is made to the division manager, such person shall present evidence demonstrating compliance with this chapter. (Ord. 97-63 § 4 (part), 1997).

7.24.210 Shut-off valve.

The property owner is encouraged to install a shut-off valve or a stop and waste cock at his or her expense on the service line into each property served. No branch pipe, bibb, or fixture of any kind shall be connected to the service line upstream of the location of the valve or stop and waste cock on the service line. The valve or stop and waste cock shall be: (a) installed and maintained by the property owner; (b) for his or her use in making extensions and repairs of the plumbing upon the property; and (c) accessible at all times. Where necessary, a suitable box and key shall be provided. (Ord. 2006-07 § 4, 2006: Ord. 97-63 § 4 (part), 1997).

7.24.220 Persons debarred from doing plumbing work.

Plumbers or other persons failing to perform their work according to established rules and regulations or executing it unskillfully or to the damage of the city may be debarred temporarily or permanently from making connections or doing any work on fixtures or pipes connected with or leading from the city’s waterworks. (Ord. 97-63 § 4 (part), 1997).

7.24.230 Service installation charges.

A service installation charge shall be determined by the division manager, based on his or her estimate of time and materials necessary for such installation. Payment of the bill for such charge shall be due to the customer service manager or his or her designee prior to the commencement of any work on such installation. (Ord. 97-63 § 4 (part), 1997).

7.24.240 Deposit.

Service installation shall be subject to the requirements of YMC Chapter 7.50. (Ord. 97-63 § 4 (part), 1997).

Article VIII. System Maintenance and Ancillary Services

7.24.250 Access for service and repairs.

Employees of the division properly identified shall have free access at proper hours of the day, or when summoned by the appropriate owner or resident, to parts of property and premises necessary to inspect the condition of the irrigation system waterworks and connections thereto, to service and repair the waterworks, and to inspect the manner in which irrigation system water is used. The property owner shall maintain rights-of-way clear of barriers to access. (Ord. 97-63 § 4 (part), 1997).

7.24.260 Interruption and resumption of service.

A. The city may at any time shut off irrigation system water service for the purposes of making emergency repairs.

B. Irrigation system service to any premises will be suspended on the telephonic or personal request of the customer made to the division, subject to the fees set forth in YMC 7.50.040. Irrigation system service to such premises will be resumed on the request of the customer made in the same manner as the request for suspension of service, subject to the fees set forth in YMC 7.50.040. If a request for resumption of irrigation system service is made by someone other than the customer who requested suspension of service, an application for irrigation system service should be made in accordance with YMC Chapter 7.50. (Ord. 2006-07 § 5, 2006: Ord. 97-63 § 4 (part), 1997).

7.24.270 Fees.

Fees, if any, for services ancillary to but not included in the usual rates and charges for irrigation system service shall be assessed and collected from the customer on a subsequent bimonthly bill. The division manager shall provide the customer with a notice of cost for all such requested services. The city manager or his or her designee shall maintain a schedule of such fees and make the schedule available for public inspection. No fee shall be assessed for blowing out customer irrigation lines with compressed air. The city manager shall revise the fees included on the fee schedule, and not dictated by this chapter, every two years. (Ord. 97-63 § 4 (part), 1997).

Article IX. Prohibitions

7.24.280 Using irrigation system water for potable or drinking purposes.

Water from the irrigation system shall be used exclusively for irrigation purposes. Under no circumstances may any person use irrigation system water for human consumption. Water for human consumption is available through the city as provided in YMC Chapter 7.68. (Ord. 97-63 § 4 (part), 1997).

7.24.290 Waste.

It is unlawful for any person to waste irrigation system water willfully. “Waste” is defined as irrigation water that is being applied to nonlandscape areas and/or is running off the property. Waste shall be determined by the division manager through reference to the actual need for irrigation water on the premises and the methods of use, delivery, and application of irrigation system water by others in the vicinity. The division manager shall issue a notice of determination of waste to the property owner by registered mail to the billing address. The property owner shall have fourteen days (excluding Sundays and legal holidays) from the date of mailing of such notice to terminate the waste. (Ord. 2006-07 § 6, 2006: Ord. 97-63 § 4 (part), 1997).

7.24.300 Altering or interfering with waterworks.

It is unlawful for any person to interfere in any way with any portion of the waterworks. Interference includes, but is not limited to, cutting, breaking, filling up, obstructing, defacing or otherwise tampering or damaging portions of the waterworks, obstructing the flow of irrigation water through the waterworks, or diverting or drawing water from the waterworks without the consent of the city manager. (Ord. 97-63 § 4 (part), 1997).

7.24.310 Penalties.

Any person, firm, or corporation violating any of the provisions of YMC 7.24.280, 7.24.290, or 7.24.300 shall, upon conviction thereof, be punished by a fine of not exceeding three hundred dollars or by imprisonment in the city jail for a period not exceeding ninety days, or by both such fine and imprisonment; provided, however, that no person shall be convicted of violating YMC 7.24.290 unless that person has first received notice of the waste from the division manager and, after having a reasonable opportunity to terminate such waste, has not terminated such waste. (Ord. 97-63 § 4 (part), 1997).