27.070 Water Rights Conveyance Requirements

09/09/08; 07/08/14; 3/24/15) A. All property annexed to Lehi City, or property already within the boundaries of Lehi City, for which the owner/developer initiates an application for a zoning district map amendment, or other development application which would increase the need for water service from Lehi City, shall provide water rights in an amount sufficient to satisfy the needs of the existing and future uses and occupants to be supplied by the Lehi City water system as provided by these guidelines. The owner/developer shall convey to the City, in accordance with these guidelines, water rights that entitle the City to an annual quantity, quality, and rate of flow sufficient to meet the water use requirements of proposed future development of such property. These water rights conveyance requirements shall be considered as a condition precedent to the approval of annexation, zone change, or other development application. The amount of water rights to be conveyed shall be determined according to the following schedule: Zone District Classification A-5 A-1 R-1-22 Culinary Water Rights Required in Acre Feet 0.09 0.45 0.79 Irrigation Water Rights Required in Acre Feet 3.60 3.24 2.90 Total Acre Feet Per Acre Required 3.69 3.69 3.69 RA-1 1.13 R-1-15 1.13 R-1-12 1.35 R-1-10 1.58 R-1-Flex 1.58 R-1-8 1.80 R-2 2.70 R-2.5 4.05 R-3 5.40 C, C-1, NC, CR, BP, LI 1.35 PC 1.80 MU (Commercial) 1.35 MU (Residential) 1.80 HCD (Commercial) 1.35 HCD (Residential) 1.80 TH-5 NA 2.56 3.69 2.56 3.69 2.34 3.69 2.11 3.69 2.11 3.69 1.89 3.69 1.90 4.60 1.90 5.95 1.90 7.30 1.25 2.60* 1.89 3.69* 1.25 2.60* 1.89 3.69* 1.25 2.60* 1.89 3.69* NA NA * Evaluation of the uses of the property may increase/decrease these required amounts. B. Sufficient water rights as per the above table must be dedicated to Lehi City. A conversion chart showing the equivalent value of other sources is available at the Lehi City Planning Department. Subsequent to an annexation, if a zone district map amendment to a zone district requiring more water rights as indicated above is requested, or a development approval requiring more water service from Lehi City is requested, additional water shall be required at that time consistent with these guidelines. C. Part of the water rights as determined by the Lehi City Engineer must be able to supply culinary water. CWP water is available from Lehi City for this purpose. Existing underground water rights from the Lehi area can also be used for this purpose, but must receive an approved change of use to municipal and point of diversion from an existing or proposed Lehi City well source. In addition, to equate the CWP water, the developer must also pay a fee as determined by the City Engineer. D. Prior to acceptance of water rights, the City shall evaluate the rights proposed for conveyance and may refuse to accept any right which it determines to be insufficient in annual quantity, quality, or rate of flow, or which has not been approved for change to municipal purposes within the City of Lehi by the State Engineer. In determining the quantity of water available under the water rights requirements, the City will evaluate the priority of the water rights and the historic average quantities of water available to the water rights as determined by the State Engineer. The City will require an application for approval of the change of use and/or change of point of diversion as applicable with the State Engineer in order to quantify and verify the water rights. E. Where an annexation contains property which is being annexed without the consent of the owner, or where water service will not be provided by Lehi City as a result of an annexation or boundary issue, or where a nonresidential development will provide a substantial portion of its own water needs, Lehi City may, in the exercise of the discretion of the City Council, not require the conveyance of water rights at the time of annexation as long as the resolution or ordinance annexing the territory: 1. specifically identifies such parcels; and 2. provides that any subsequent change in zoning district classification of such parcels initiated by the property owner or any increase in the need for water service to such parcels by Lehi City will require the conveyance of water rights to the extent necessary to provide adequate water to such development. F. Anything in these guidelines to the contrary notwithstanding, for nonresidential developments and where the annexed property provides a substantial portion of its own water needs or where the annexed property, either residential or nonresidential, is part of an annexation consisting of over 1,000 acres, the city may in its sole discretion, enter into a development agreement which, among other things and by its own terms, shall specifically provide for an alternative schedule for compliance with these water rights conveyance requirements. G. For all parcels which have been annexed without concurrent conveyance of water rights at the time of annexation and which are not bound by an applicable development agreement, the city may file a notice of interest with the county recorder and maintain a map showing the location of such parcels. H. If the owner of any property which is currently within the boundaries of Lehi City applies for an amendment to the Zoning District Map for such properties which would increase the need for water service by Lehi City, as a prerequisite to any approval of a Zoning District Map amendment, the owner of such property shall be required to convey additional water rights in an amount sufficient to address the difference between the amount of water rights previously reserved or conveyed to the City at the time of annexation and the amount of water rights now required sufficient to satisfy and serve the municipal water needs of the anticipated future uses as identified in Section 27-040(A). All water rights previously reserved for use by such property or conveyed as part of annexation to the City shall be considered as a credit towards satisfying the requirements of this Section. The burden shall be on the applicant to establish the amount and extent of such previously reserved or conveyed water rights. I. If the owner of any property which is currently within the boundaries of Lehi City applies for a development approval, including an application for an Area Plan approval, an application for a Planned Residential Design or Planned Unit Development approval, or an application for subdivision or site plan approval which would increase the need for water service by Lehi City, as a prerequisite to any approval, the owner of such property shall be required to convey additional water rights in an amount sufficient to address the difference between the amount of water rights previously reserved or conveyed to the City at time of annexation and the amount of water rights now required sufficient to satisfy and serve the municipal water needs of the anticipated future uses as identified in Section 27.070 (A). All water rights previously reserved for use by such property or conveyed as part of annexation to the City shall be considered as a credit towards satisfying the requirements of this Section. The burden shall be on the applicant to establish the amount and extent of such previously reserved or conveyed water rights.