Loading...
HomeMy WebLinkAbout051319_ca14JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administr FROM: Mark McCauley, Central S ces Director ( / DATE: May 13, 2019 RE: Request for Board of County Commissioners approval of a water right assignment to Jefferson County Public Utility District No. 1. STATEMENT OF ISSUE: Jefferson County applied for a water right on September 29, 1994 - application number G2-29120. Jefferson County Public Utility District (PUD) No. 1 is interested in having the county assign its application to the PUD. ANALYSIS: The permit application said the water was for a community domestic system plus fire flow. As a public utility, the PUD is in much better position than Jefferson County to put this water to its intended use. Jefferson County is not in the utility business. Our water right application has been pending since September 29, 1994 — 24.5 years. If the PUD was to make its own application for a water right it would join a lengthy queue and would like have to wait a similar amount of time. If the County assigns its application to the PUD the PUD would assume the County's current place in the queue substantially reducing the time the PUD will have to wait to obtain the water right. In addition, if the PUD were to apply they would a "junior applicant" and would have to pay for processing all the applicants ahead of it. One of the tests an application has to pass for approval is whether the water right will be put to a beneficial use. Since the County has no beneficial use for the water right, our application will likely be disapproved. The PUD will put the right to beneficial use, which enhances the chances of approval by Ecology. While this request only involves assignment of the water right application there remain questions involving ownership of the well and of the parcel containing the well which will be addressed subsequent to this action. FISCAL IMPACT: The County paid for the well using funds from a U.S. Forest Service grant so there is no adverse fiscal impact to the County. RECOMMENDATION: Approve the assignment of the County's water right application to the PUD, attached. PXVIEWE BY: ip Morl , my Xdministrator Date Water Resources Program Assignment of Application or Permit to Appropriate or Store Water DEPARTMENT OF To change the ownership of an application/permit ECOLOGY State & Washington A NON-REFUNDABLE $50.00 FEE MUST ACCOMPANY THE FILING OF THIS ASSIGNMENT PLEASE COMPLETE THIS FORM IN INK I/We, Jefferson County (Applicant/Permittee) (Please print) Address: 1820 Jefferson Street City: Port Townsend State: WA Zip: 98368 Telephone: (360) 38S-9130 E-mail address: mmccauley&co Jefferson wa us Hereby assign to: Public Utility District (PUD) No. l of Jefferson County _ (Assignee) (Please print) Address: 310 Four Corners Road City: Port Townsend State: WA Zip: 98368 Telephone: (360) 385-8375 E-mail address: bexaham&j effpud org_ All my right, title, and interest in and to Application/Permit No. G2-29120 to appropriate the public waters of the State of Washington. OR (for partial assignments) The following described portion of my right, title, and interest in and to Application/Permit No. to appropriate the public waters of the State of Washington. Describe portion of the application/permit assigned, listing the number of acres (only for irrigation rights), point of diversion/withdrawal location(s), and amount of the water in gallons per minute or cubic feet per second and acre feet per year. Provide the latitude and longitude of the Point(s) of Diversion or Withdrawal. If unable to do so, provide the distance and direction from the nearest Section, Township, and Range using the Public Land Survey System. NWIA NEI/4 Section 23 Township 27N, Range 2W If for a partial assignment, attach a copy of the property deed or title insurance policy and a detailed map of the proposal. This assignment is being made for the following reason(s): If for a permit to appropriate or store water: ❑ The development schedule can be met. ® The development schedule cannot be met. A proposal for a new development schedule is included. ECY 040-1-61 (Revised 09/2009) lfyou need this document in an alternate format, please call the Water Resources Program at 360-407-6600. Persons with hearing loss can call 711 for Washington Relay Service. Persons with a speech disability can call 877-833-6341. Applicant./Permittee Section: UWe, Jefferson County , have read the above assignment of application or permit to appropriate or store water; that I/we know the contents thereof; and that the facts therein stated are true. Signed this _day of , in the year Applicant/Permittee Signature Applicant/Permittee Signature Applicant/Permittee Signature State of Washington County of Jefferson I hereby certify that I know or have satisfactory evidence that Applicant(s)/Permittee(s) is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this document. Subscribed and sworn before me this _ day of , in the year Notary Signature My commission expires: Assignee Section: UWe, PUD No. 1 of Jefferson County have read the above assignment of application or permit to appropriate or store water; that I/we know the contents thereof; and that the facts therein stated are true. Signed this _day of in the year Assignee Signature Assignee Signature Assignee Signature State of Washington County of Jefferson I hereby certify that I know or have satisfactory evidence that Assignee(s) is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this document. Subscribed and sworn before me this _ day of , in the year Notary Signature ECY 040-1-61 (Revised 09/2009) Ifyou need this document in an alternate format, please call the Water Resources Program at 360-407-6600. Persons with hearing loss can call 711 for Washington Relay Service. Persons with a speech disability can call 877-833-6341. My commission expires: Use of this form is needed when the ownership of a water right application or permit needs to be transferred from the current owner to a new owner or additional owners. A water right application requests that a proposed beneficial water use be authorized, while a permit grants authority to develop a beneficial water use. A water right is established if water is put to beneficial water use(s) as authorized by a permit. A water right, once established, attaches to the land upon which it is legally used. It is not necessary to assign a water right certificate or a water right claim. It is required by statute that an assignment be filed for applications and permits (90.03.3 10 RCW). To remain a viable application or permit, the person(s) owning it must maintain the ability to develop a water use(s) upon the property identified as the place of water use. Normally only the property owner, a lessee, or a legally recognized water system has authority to develop a water use upon a parcel of land. . An assignment of an application or permit is not valid until filed with the Department of Ecology. An assignment is made whenever it is desired to transfer all or part of the responsibility and/or interest in an application or a permit to appropriate or store water. Normally an assignment is made if the application/permit holder(s) sells the place water is to be used to another person. The person(s) receiving the application/permit may be required to provide additional information prior to acceptance of the assignment. For example, information may be requested showing that the assignment is in compliance with the provisions of the Family Farm Water Act, Chapter 90.66 RCW. This assignment may result in a real estate excise tax liability for the seller. The Department of Ecology notifies the Department of Revenue of potential taxable water right related actions. Please contact the state Department of Revenue for further information. The phone number is (360) 570-3265. The mailing address is: Department of Revenue, Real Estate Excise Tax, P.O. Box 47477, Olympia, WA 98504-7477. You may also contact them through the internet at: http://dor.wa.gov or e-mail REETSP@DOR.WA.GOV Submit the assignment to: DEPARTMENT OF ECOLOGY CASHIERING UNIT PO BOX 47611 OLYMPIA, WA 98504-7611 Below is a map of the State of Washington, with outlines of the four Ecology regional offices. If you have questions about the assignment, contact the Water Resources Program at the regional office in which your project is located. D1---- A6-1, ♦ho —oinn :n —hinh tha nrniaot is InoutPrl. ® Southwest Regional Office ❑ Northwest Regional Office (360)407-6300 (425)649-7000 ❑ Central Regional Office ❑ Eastern Regional Office (509) 575-2490 (509) 329-3400 ECY 040-1-61 (Revised 09/2009) If you need this document in an alternate format, please call the Water Resources Program at 360-407-6600. Persons with hearing loss can call 711 for Washington Relay Service. Persons with a speech disability can call 877-833-6341. ECY 040-1-61 (Revised 09/2009) If you need this document in an alternate format, please call the Water Resources Program at 360-407-6600. Persons with hearing loss can call 711 for Washington Relay Service. Persons with a speech disability can call 877-833-6341.