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2002-01-01: Amend Ordinance 2
WHEREAS, on February 28, 1996, the Board adopted Ordinance No. 2 and the Criteria for Required Dedication of Water Rights Pursuant to Virgin Valley Water District Ordinance No. 2 requiring that water rights and water supply or substitute compensation be dedicated to the District prior to provision of water service; and
WHEREAS, the Board has determined that it is in the best interest of the District, as well as the public and development community, to determine impact fees on the basis of Equivalent Meter Ratios.
NOW, THEREFORE, BE IT RESOLVED
- That the Board of Directors of ,the Virgin Valley Water District hereby adopts the amended CRITERIA FOR REQUIRED DEDICATION OF WATER RIGHTS PURSUANT TO VIRGIN VALLEY WATER DISTRICT ORDINANCE IVO. 2 as follows:
The District reserves the right to adjust and modify the amount of water rights
required for dedication from time to time at the discretion of the General Manager
with the concurrence of the Board of Directors.
- Amount. The amount of required dedicated water rights, pursuant to Virgin Valley Water District (hereinafter "District") Ordinance No. 2 is one (1) Acre Foot Annually (AFA) for each Equivalent Dwelling Unit ("EDU") established for the meter size as follows: (see attachment)
- Amount. The amount of required dedicated water rights, pursuant to Virgin Valley Water District (hereinafter "District") Ordinance No. 2 is one (1) Acre Foot Annually (AFA) for each Equivalent Dwelling Unit ("EDU") established for the meter size as follows: (see attachment)
- Payment in Lieu of Dedication. The primary purpose of the underlying ordinance is to provide for future water supply, and in this regard dedication of water rights is strongly encouraged. In many instances, however, it is recognized that dedication of actual water rights may be disproportionately burdensome, impracticable, or otherwise inconsistent with a water rights holder's long term plans for use of his or her property including his or her water rights. Payment of a fee may therefore be substituted for dedication of actual water rights.
- In the event an applicant elects to pay a fee in lieu of the dedication of actual water rights, the fee shall be the combined sum of the fair market value of the water right plus the cost of preparing and filing record of conveyance of ownership and applications to change the point of diversion, place of use and manner of use under Chapter 533 of the Nevada Revised Statutes as determined by the District Engineer such that the fee paid in lieu of actual dedication of water rights is not less than the value of water rights and required costs as if actual dedication of water rights has occurred.
- The burden of establishing the fair market value to the satisfaction of the General Manager of the District lies with the applicant and any and all costs associated therewith are the applicant's sole responsibility. The District reserves the right to require an appraisal or other suitable means of determining such value.
- In the event an applicant elects to pay a fee in lieu of the dedication of actual water rights, the fee shall be the combined sum of the fair market value of the water right plus the cost of preparing and filing record of conveyance of ownership and applications to change the point of diversion, place of use and manner of use under Chapter 533 of the Nevada Revised Statutes as determined by the District Engineer such that the fee paid in lieu of actual dedication of water rights is not less than the value of water rights and required costs as if actual dedication of water rights has occurred.
- Conditions. Dedication of water rights must meet the following conditions:
- The applicant must submit proof of the validity of the water right and a complete abstract or chain of title establishing ownership. The water right must be in good standing. The District reserves the right to request proof of use within the proceeding five (5) years and may refuse to accept a water right not so utilized.
- The water right must be legally available for beneficial use of the District within its established service area. All costs of transfer of any point of diversion or changes in manner or place of use shall be the responsibility of the applicant and the appropriate application to change the point of diversion, place of use and manner of use consistent with the requirements of the District shall be filed with the State of Nevada, Department of Conservation and Natural Resources, Division of Water
Resources prior to the issuance of a will-serve letter by tlie District.
- The applicant must submit proof of the validity of the water right and a complete abstract or chain of title establishing ownership. The water right must be in good standing. The District reserves the right to request proof of use within the proceeding five (5) years and may refuse to accept a water right not so utilized.