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CHAPTER 10 Title 8 Pressurized Irrigation CHAPTER 10 PRESSURIZED IRRIGATION 8-10-1: City Authority 8-10-2: Applicability 8-10-3: Application For Service 8-10-4: Development Standards 8-10-5: Pressurized Irrigation Fees And Assessments 8-10-6: Pressurized Irrigation System Connection Fees 8-10-7: Service Re-Connection 8-10-8: Right Of Access 8-10-9: Users Outside City Limits, Prohibited 8-10-10: Pressurized Irrigation (Pi) System Extensions 8-10-11: Pressurized Irrigation Construction Reimbursement Policy 8-10-12: Connection Permits And Inspections 8-10-13: System Regulations And Requirements 8-10-14: Penalties 8-10-15: Severability 8-10-1: CITY AUTHORITY: A. The irrigation system for the supply of the city shall be under the sole and exclusive control of the city council, who may from time to time direct the construction and extension of such works, placing of mains and service pipes, as the necessity of the city may require. The irrigation system shall be known as "AMMON PRESSURIZED IRRIGATION UTILITY". 8-10-2: APPLICABILITY A. Pursuant to §67-6537 of Idaho Code, all applicants proposing to make land use changes shall be required to use surface water, where reasonably available, as the primary water source for irrigation. Surface water shall be deemed reasonably available if: 1. A surface water right is, or reasonably can be made, appurtenant to the land; or 2. The land is entitled to distribution of surface water from an irrigation district, canal company, ditch users association, or other irrigation delivery entity, and the entity’s distribution system is capable of delivering the water to the land; or 3. An irrigation district, canal company, or other irrigation delivery entity has sufficient available surface water rights to apportion or allocate to the land and has a distribution system capable of delivering the water to the land. B. Provided the criteria in Section 8-10-2(A) are met, the City Council may exempt new developments comprising 10 acres or less from constructing a surface water irrigation system if the property owner of a proposed development deeds to the City of Ammon compensatory groundwater rights equivalent to the projected irrigation needs of the development. No groundwater right donation shall be less than 10 acres (40 acre feet) of groundwater rights. Projected irrigation needs shall be calculated according to the Minimum Compensatory Groundwater Rights Calculation Table contained in this section Title 8, Chapter 10 Page 1 of 6 Revised 10-19-2023 C. Provided the criteria of Section 8-10-2(A) are not met, the property owner of a proposed development shall deed to the City of Ammon compensatory groundwater rights equivalent to the projected irrigation needs of the development. No groundwater right donation shall be less than 10 acres (40 acre feet) of groundwater rights. Projected irrigation needs shall be calculated according to the Minimum Compensatory Groundwater Rights Calculation Table contained in this section. D. Minimum Compensatory Groundwater Rights Calculation Table: Minimum Compensatory Groundwater Rights Calculations Diversion Rate - Annual Volume - Land Use Activity Gallons Per Minute Acre Feet Residential 7.8 per developed acre 2.0 per developed acre Commercial 14.2 per irrigated acre 4.0 per irrigated acre E. In lieu of receiving deeded groundwater rights, the City Council may accept a cash payment equivalent to the currently appraised value of groundwater rights required and calculated in Groundwater Rights Calculation Table. Cash payments paid in lieu of deeded groundwater rights shall be receipted by the City prior to approval of any building permits for the development. F. Any property annexed into the City of Ammon shall agree to constructing a pressurized irrigation system utilizing surface water and deed all surface water and groundwater rights appurtenant to the property to the City of Ammon as a condition of annexation. G. Any property with access to a pressurized irrigation system shall not be connected to groundwater for outside irrigation. H. Any property located within a subdivision that is required or will be required to provide pressurized irrigation to all properties shall not be connected to the groundwater system for outside irrigation at any time. 8-10-3: APPLICATION FOR SERVICE: A. A property owner desiring to obtain a pressurized irrigation system connection permit shall file a written application, with the city, which information shall be in sufficient detail as to adequately inform the city as to the proposed location of the desired irrigation system connection and the demand (estimated consumption) to be used by the connection. The property owner shall be responsible for all permitting, design, and construction costs related to the irrigation system connection. Filing of the application with the city does not guarantee that a connection or connections are available and will be provided. All applicable fees and connection charges shall be paid prior to issuing a building permit. B. If the City Engineer and City Council determine that the irrigation system is at or near capacity, acceptance of applications for irrigation system connections will not be required until such time that the irrigation system has the capacity available to provide service to the new connections. The City Council may delay approval of development applications until such time that the irrigation system has the capacity to accommodate the demands of said development. Title 8, Chapter 10 Page 2 of 6 Revised 10-19-2023 8-10-4 DEVELOPMENT STANDARDS A. All pressurized irrigation systems shall be built according to the standards and specifications adopted by the City Council at the time approval is granted for construction of a pressurized irrigation system. Pressurized irrigation standards and specifications shall be adopted from time to time by the City Council at any regular meeting. The City Clerk shall be custodian for the approved standards and specifications and shall make available the approved standards and specifications upon request. 8-10-5: PRESSURIZED IRRIGATION FEES AND ASSESSMENTS: A. Pressurized irrigation fees and assessments shall be established by resolution of the City Council. Pressurized irrigation fees shall be established to cover all necessary and ordinary costs of maintaining and operating the pressurized irrigation system. Pressurized irrigation fees shall be determined each year by the City Council and fees shall be established according to Idaho law. 8-10-6: PRESSURIZED IRRIGATION SYSTEM CONNECTION FEES: A. The City Council may establish a pressurized irrigation connection fee by resolution. All new users of the pressurized irrigation shall pay a connection fee prior to utilization of the pressurized irrigation system, unless otherwise required by development agreement. 8-10-7: SERVICE RE-CONNECTION: A. In the event the city turns off the irrigation water connection for nonpayment of the assessment and/or any fees, the City Council may adopt a re-connection fee by resolution. 8-10-8: RIGHT OF ACCESS: A. Any property owner who receives surface water through the city’s pressurized irrigation system, as a condition of receiving said water, agrees to provide access upon the property owner's real property to any authorized agent of the city to all areas supplied with Ammon irrigation water for the purpose of operating valves, making repairs, examining the apparatus and ensuring that the municipal irrigation system is used in accordance with regulations applicable to using the same. B. Any user of the Ammon pressurized irrigation system violating any of the rules and regulations controlling the irrigation system shall forfeit all fees and payments made and the right to use of water from the municipal irrigation system. Title 8, Chapter 10 Page 3 of 6 Revised 10-19-2023 8-10-9: USERS OUTSIDE CITY LIMITS, PROHIBITED: A. No irrigation water shall be furnished from the city irrigation system to property owners outside of the boundaries of the city. 8-10-10: PRESSURIZED IRRIGATION (PI) SYSTEM EXTENSIONS: A. All proposed extensions and/or oversizing of the city pressurized irrigation system to serve undeveloped areas shall be recommended by the City Engineer and approved in advance by the City Council on a case by case basis. The extension of the pressurized irrigation system will only be considered when, in the best interests of the city, the extension takes into consideration the city's overall master plan for the pressurized irrigation system. B. Costs for all extensions and/or oversizing, whether within or without the existing city limits, shall be the responsibility of the property owner or his agent. C. All pressurized irrigation system extensions and/or oversizing shall be installed prior to the construction of any new streets. All design and construction of any extensions and/or oversizing of the pressurized irrigation system shall comply with the official specifications for pressurized irrigation systems and extensions as adopted by the city. The plans for all extensions and/or oversizing to the pressurized irrigation system shall be prepared and signed by a registered professional engineer as per the licensing requirements of the Idaho Code. Three (3) copies of the plans shall be filed with the city for their review and approval as required by the Idaho Code. In approving a plan for extension and/or oversizing to the pressurized irrigation system, the city reserves the right to impose other requirements such as a special permit fee, right-of-way limits, sequence of construction, time limits for having existing service disrupted, the filing of a performance bond and other similar measures as may be required to protect the public. No work shall commence on any such extension and/or oversizing until the project has been approved by the city. D. After the construction of any pressurized irrigation system extension and/or oversizing, it shall be the obligation of the owner or his agent to have a registered professional engineer certify to the city and to the Idaho Department of Environmental Quality that the said system extensions and/or oversizing were installed in accordance with the approved plans and specifications on file with the respective agencies. Following certification by the registered professional engineer and acceptance by the city, the entire extension and/or oversizing of the pressurized irrigation system, including the city pressurized irrigation service lines, shall become property of the city and it shall be the city's responsibility to maintain and operate the system thereafter. E. If it is necessary for the city to permit a pressurized irrigation service connection and/or pressurized irrigation service line at any time after the extension has been originally accepted by the city, the owner or his agent shall be required to pay all applicable pressurized irrigation hookup fees as well as the standard permit and inspection fees as may be established by the city for such purposes. 8-10-11: PRESSURIZED IRRIGATION CONSTRUCTION REIMBURSEMENT POLICY: Title 8, Chapter 10 Page 4 of 6 Revised 10-19-2023 A. The owner or their agent, who has paid for the construction of the pressurized irrigation system in existing developments that do not have access to pressurized irrigation, may apply to the city for reimbursement for eligible public infrastructure costs incurred in the construction. The city council shall review the request at a regularly scheduled meeting of the City Council. At the sole discretion of the City Council, the public infrastructure costs may be reimbursed. 8-10-12: CONNECTION PERMITS AND INSPECTIONS: A. Except as required by development agreement, no pressurized irrigation connection shall be allowed until a connection permit application has been filed and approved by the city or its authorized employee, and the applicable hookup fees paid. Following payment of connection fees, the city shall conduct an inspection of the system to ensure compliance with adopted standards. If any connection is buried prior to the city's inspection, the applicant will be responsible for the cost of uncovering the pressurized irrigation line to allow for proper inspection. 8-10-13: SYSTEM REGULATIONS AND REQUIREMENTS: A. No tampering permitted. Any person or entity who individually, by family, servants, employees, successors, or assigns uses irrigation water from the irrigation system without first paying for this service as provided for in this chapter and, without authority, opens any stop box, valve or other fixtures attached to the city's irrigation system, or who in any manner injures, defaces or impairs any part or apparatus or appurtenance of the irrigation system shall be guilty of a misdemeanor and be subject to a one thousand dollar ($1,000.00) fine for each offense and shall pay restitution for all damages incurred. B. Illegally turning on irrigation water. Any person, who, after the irrigation water has been turned off to the property as a result of nonpayment of assessments and/or fees, or other violation of the rules and regulations pertaining to the irrigation system, shall turn on or permit the irrigation water to be turned on, or use or permit the irrigation water to be used without authority, shall be guilty of a misdemeanor and subject to the penalties defined in this chapter. C. City not liable for shortage. The city shall not be liable for damage to any irrigation water user by reason of the stoppage, or other interruption of the irrigation water supply, caused by scarcity of water, accident to works or mains, alterations, additions, repairs or from other unavoidable causes. D. Drought Schedules. Irrigation from the Ammon municipal pressurized irrigation system may be scheduled to occur on specific days by resolution of the city council, upon finding that drought conditions exist and water supplies are limited or may be limited. E. Homeowners' associations to be obligated for irrigation fees and assessments on common lots and parks. All homeowners' associations using the municipal pressurized irrigation system must pay the fees for the irrigating of common lots and parks within the association's jurisdiction. F. Wanton wasting of irrigation water or use of irrigation water in a manner to cause damage or nuisance to adjoining properties is prohibited. The city or its agent may Title 8, Chapter 10 Page 5 of 6 Revised 10-19-2023 disconnect any service which wastes, causes damage to adjacent property or creates a nuisance through its use of irrigation water from the city system. G. Landscaping. For purposes of this ordinance, square footage area of landscaping shall include all outside areas not covered by the roof a permanent structure. H. Cross Connection Prohibited. Irrigations systems that utilize the pressurized irrigation system shall not be cross connected to the City of Ammon’s potable water system, as defined by Title 8-3 of the Codified Ordinances of the City of Ammon. Any cross connection with the city’s municipal water system shall be considered a misdemeanor. 8-10-14: PENALTIES: A. It shall be a criminal misdemeanor, punishable by a fine of up to one thousand dollars ($1,000.00), to connect to the city's pressurized irrigation system without a permit authorized by the city. In addition, the owner of the land upon which the illegal connection is located shall be liable for the costs incurred by the city caused by such illegal connections including legal costs incurred. B. It shall be a criminal misdemeanor, punishable by a fine of up to one thousand dollars ($1,000.00), for any developer to connect properties adjacent to property that they are developing to the city's pressurized irrigation system without a permit authorized by the city. Each connection extended to an unauthorized property shall be a separate offense. In addition, the developer shall be liable for the actual costs incurred by the city caused by such illegal connections including any legal costs incurred. C. It shall be a criminal misdemeanor, punishable by a fine of up to one thousand dollars ($1,000.00) if a cross connection is found to exist. In addition to criminal penalties and fines, if a cross connection is found to exist, the City of Ammon is authorized to turn off the groundwater access to the property until the cross connection is eliminated and the Water Department has approved of the modifications completed to eliminate the cross connection. 8-10-15: SEVERABILITY: A. If any clause, sentence, paragraph, section, or any part of this chapter, shall be declared and adjudged to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect, invalidate, or nullify the remainder of this chapter. Title 8, Chapter 10 Page 6 of 6 Revised 10-19-2023