Tehachapi Municipal Code Ch. 13.08 Water Entitlement Use Policy

Notwithstanding the provisions of Chapter 13.04, and as an addition thereto, the cost of furnishing water to a particular area or project within the city will be based upon the amount of pumping rights available to that area or project in relationship to its total water use. The cost of purchasing and pumping water, or purchasing and treating of water, if applicable, will be calculated separately for each area or project within the city. All other costs of providing water will be equitably shared by each water user within the city.

(Ord. 82-18-482 § 2, 1982)

A. Zones A and B. Those properties described in Exhibit 1 attached to the ordinance codified in this chapter and by this reference made a part hereof shall constitute Zone A for payment of water service. The properties within Zone A are all of the properties that have transferred their water rights to the city. All other properties within the city shall constitute Zone B for payment of water service.

B. Development Outside of Zone A. No development of property existing outside of Zone A may occur unless, in addition to all other terms and conditions of development imposed by the city, the property owner transfers to the city the water rights which the city, in the reasonable exercise of its discretion, determines is necessary to accommodate the development. The property owner may satisfy this requirement if the property owner does not have sufficient water rights to accommodate the development by purchasing an allocation of water rights from the unallocated water rights owned by city, the cost for which shall be established from time to time by resolution of the city council. Provided however that if the property owner's water rights and the allocation purchased from the city are insufficient to accommodate the development, then the property owner shall pay a fee, designated a "water entitlement fee," for each additional acre foot (or part thereof) of water rights necessary to accommodate property owner's development. The amount of the water entitlement fee shall be established from time to time by resolution of the city council. The foregoing requirement shall be satisfied for the entire development at the time of issuance of the initial building permit for the development. Upon satisfaction of this requirement, the property which is to be developed shall be transferred into Zone A.

Notwithstanding the foregoing, no residential subdivision, no other greenfield development requiring discretionary approval, or other modification that is filed with the city on or after January 1, 2020 and existing outside of Zone A may be approved unless, in addition to all other terms and conditions of development imposed by the city, the property owner provides a potable water supply for its development through either of the following options: (1) by transfer to the city of an entitlement to water which shall be in an amount which the city, in the reasonable exercise of its discretion and as set forth in a resolution adopted from time to time by the city council, determines is necessary to accommodate the development but which amount shall not be less than one-third acre foot of water for each equivalent dwelling unit (EDU) within the development; or (2) by payment to city of a fee to purchase a water supply which shall be in an amount which the city, in the reasonable exercise of its discretion and as set forth in a resolution adopted from time to time by the city council, determines is necessary to accommodate the development for a period of twenty years (or such other period as may be established by the city council from time to time by resolution) but which amount shall not be less than one-third acre foot of water for each EDU in the development. With regard to option (2), the amount of the fee may be established by the city manager or his or her designated representative for each development based on the cost of obtaining the water supply from the water master (hereinafter described) or, if the water master does not have a sufficient water supply available, by determining the costs of purchasing same on the open market. The water entitlement or the fee shall be transferred or paid to the city, as the case may be, in full, prior to recordation of the final map or any phase of the final map. Upon satisfaction of this requirement, the property which is to be developed shall be transferred into Zone A.

C. Definitions. As used in this section, the term "water rights" shall mean the water rights administered by the Tehachapi—Cummings County water district as the water master under that certain judgment and amendments to same entered in the case of Tehachapi—Cummings County Water District v. City of Tehachapi, et al., Kern County Superior Court case number 97210, or such other water rights acquired by the property owner and which the city, in the reasonable exercise of its discretion, agrees will satisfy the requirements herein. The term "entitlement" shall mean those water rights in which all right, title, and interest in same is conveyed and transferred to, and the ownership of same is placed in the name of, the city permanently and irrevocably and all costs associated therewith are paid by the property owner.

(Ord. 07-09-694 §§ 1, 2, 2007; Ord. 99-08-650 § 1, 1999)

(Ord. No. 20-04-757, § 1, 3-2-2020)

Water rates for all zones shall be established by resolution of the city council.

(Ord. 82-18-482 § 4, 1982)

By adoption of the ordinance codified in this chapter, the water use policy adopted by the city council by minute action on October 19, 1970 is repealed.

(Ord. 82-18-482 § 1, 1982)