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A. As a condition for the approval of the subdivision of real property pursuant to Chapters 17.09, 17.12, and 17.18, utilizing City provided water for residential consumption, irrigation, fire suppression, or commercial application, the owner of such property shall assign and transfer to the City a permanent right of withdrawal of state groundwater in such quantities as is sufficient to serve the real property being subdivided. Such rights shall be in the form of a perfected application, certificate, permit, or other right from the State of Washington acceptable to the City. Individual service wells that are exempt from certification under the laws of the State of Washington are not acceptable assignments or transfers of water rights to the City.

B. The following sources and applications are exempt from the requirements in subsection A:

1. Irrigation water used from a perfected water right from a City-approved irrigation-water-service provider.

2. City-provided water that is used for industrial-use applications.

3. Water obtained from someone or some entity other than the City.

The water right requirements of subsection A shall be reduced in an amount equal to the amount of exempted water usage.

C. In the event that available water rights are not represented by a perfected application, a certificate, a permit, or other right for withdrawal appurtenant to the real property benefitted in subsection A; the applicant shall pay to the City, in lieu of such assignment, a water rights acquisition fee as established by City Council resolution. (Ord. 2576, 7/27/10; Ord. 2336, 6/26/07)