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HomeMy WebLinkAboutPOL-047-24 Level of Service for Communal Raw Water Irrigation Systems COUNTY OF NEWELL - POLICY HANDBOOK POLICY NO: POL-047-24 TITLE: LEVEL OF SERVICE FOR COMMUNAL RAW WATER IRRIGATION SYSTEMS ADOPTED: October 10, 2024 (C-313/24) SUPERCEDES NO: n/a PAGE NO: 1 of 4 POLICY STATEMENT: Communal raw water irrigation systems have been constructed over many years at several locations and under a variety of circumstances throughout the County. It is also anticipated that additional systems may be developed in the future as growth occurs. On occasion, questions arise regarding ownership, control and responsibility for funding these systems which serve specific properties in Hamlets or rural multi-lot subdivisions. This policy outlines the level of responsibility and assistance that the County is willing to provide to facilitate construction and operation of these systems and provides needed clarity for the owners of benefiting properties, and County staff who may be called upon to provide support. POLICY PURPOSE: To establish the level of service the County may provide for the ongoing maintenance and operation of raw water irrigation systems, and for the future development of raw water irrigation systems, that serve multiple properties within County Hamlets or rural multi-lot subdivisions. _______ DEFINITIONS: Authorized Agent: Means an individual or contracted service provider appointed by a Property Owners Association or in the absence of an Association, an individual or contracted service provider that is recognized by residents of the area serviced by an irrigation system, as someone that is qualified and has been approved to service / maintain / repair the system. Benefiting Property Owner: Means the owner on record at the Land Titles Registry Office of property located within the area serviced by the irrigation system infrastructure. Household Purposes: has the same definition for that term under the Irrigation Districts Act. Local Improvement Tax: Means a tax authorized under an approved Local Improvement Tax Bylaw and applied to benefiting properties for a Local Improvement (as defined in the Municipal Government Act). Municipal Property Taxes: Means that portion of funds generated by the County of Newell through the issuance of an annual property tax notice and which are available exclusively to the County for the provision of services and infrastructure under the control of the County of Newell. Property Owners Association: Means a legal entity that has been established to represent the interests of property owners within a given geographic area that may be serviced by a raw water irrigation system or other common infrastructure or property related services. It may include a Co-operative, Condominium Association, Community Association, Home Owners Association or other similar registered legal entity. POL-047-24 LEVEL OF SERVICE FOR COMMUNAL RAW WATER IRRIGATION SYSTEMS Page 2 of 4 Special Tax: Means a tax authorized under an annual Special Tax Bylaw and applied to benefitting properties for a range of specific purposes outlined in the Municipal Government Act. Water Conveyance Agreement; has the same definition as referenced in the Irrigation Districts Act. Water Use Agreement: has the same definition as referenced in the Irrigation Districts Act. POLICY GUIDELINES: 1) The County’s assistance with raw water irrigation systems will be based on a user pay philosophy. Raw water irrigation systems provide exclusive and direct benefit to a limited group of property owners. As such, where property owners request assistance, the County will ensure that costs incurred for construction, operation, expansion or upgrades of the systems will not rely on funding from Municipal Property Taxes. 2) The approaches that have historically been implemented for funding, constructing and operating these systems include: a. constructed and funded by the developer of a multi-lot subdivision. b. upon receiving a strongly supported request from residents of existing multi-lot subdivisions or Hamlets, some systems have been funded through a local improvement tax levy applied to all serviced properties. c. funded and constructed through a one-off special arrangement. 3) Alternatives for managing these systems and funding operating costs include: a. Some systems are operated as a communal benefit with a shared central pump and individual risers for each serviced property. Operating costs may be recovered directly from the benefiting owners through a user fee applied by a Homeowners Association, Community Association, Condominium Association or Water Co-op. Another alternative for funding operating costs is a Special Tax applied by the County after a request has been submitted by a unified group representing the property owners. b. Systems that rely exclusively on positive gravity pressure at individual risers generally have little to no maintenance costs. For those systems there has historically been limited need or requests received for assistance from the County. While operating costs in those cases are minimal, interest has been expressed for the County to assist with protecting the infrastructure from decline through unauthorized expansion or accidental damage occurring through unforeseen or unplanned incidents which are beyond the direct control of individual residents served by the system. ROLES & RESPONSIBILITIES: RESPONSIBILITY FOR OPERATING AND CAPITAL COSTS: Benefiting Property Owners are responsible for costs incurred to operate these systems. Initial capital costs are also covered by property owners or developers during the project development stage with the initial investment being recovered through sale proceeds. POL-047-24 LEVEL OF SERVICE FOR COMMUNAL RAW WATER IRRIGATION SYSTEMS Page 3 of 4 PROCUREMENT OF MAINTENANCE SERVICES: The procurement of services that may be required for ongoing maintenance is the responsibility of authorized representative(s) acting on behalf of subject property owners. In the absence of representation having been formalized during a vote of the property owners, which could include a vote during a business meeting, representative status may be recognized by the County in instances where historical practices and or established relationships have been in place and effectively filled a needed role. PROCESSING OF FUNDS FOR APPROVED EXPENDITURES: Funds required for the payment of expenditures incurred may be issued by the County with the understanding that they will be recovered from the owners of benefiting properties through various options available to the County. OWNERSHIP OF SYSTEMS: In the absence of a corporate entity being designated as the owner, such as a registered Property Owners Association, ownership of these systems has not been clearly defined. For new developments in the future that include raw water irrigation infrastructure, the formation of a Property Owners Association may be a requirement which the County imposes as a condition of approval, with a clear understanding that the Association will have full responsibility for the system. For existing systems that are operating in the absence of a formal Association, the County’s assistance is limited to facilitating the operation and maintenance of the system on behalf of and in accordance with direction provided by the property owners. OPERATIONAL CONTROL: Because County staff do not have direct knowledge of the operating requirements of the raw water irrigation systems, their history, or the properties serviced by the system, benefitting property owners are responsible for operating their raw water irrigation systems.. PROTECTED RIGHTS OF WAY / PLACEMENT OF INFRASTRUCTURE: Raw water irrigation infrastructure should be placed within a utility right of way registered against the title of private property, or alternatively, within a preapproved portion of a publicly owned and registered road plan or within a County owned public utility lot. It is acknowledged that there are instances where infrastructure has been installed across private property without the benefit of a registered easement agreement. In those instances, it is understood that the benefiting property owner has an incentive to cooperate with the ongoing placement of the infrastructure, as objection would result in a loss of benefits to them and their neighbors. WATER SUPPLY CONSIDERATIONS in Hamlets and Rural Subdivisions – Downstream of Connection Point with the EID Infrastructure: All irrigation water utilized in the County for non- agricultural properties is drawn from the Eastern Irrigation District (EID) delivery system and must be accounted for through formal water use agreements with the EID of which there are two categories. The first type is a Water Conveyance Agreement between the County and the EID which provides for irrigation water delivery within each Hamlet. In those instances, the EID invoices the County on a per acre basis for the entire service area and the County in turn recovers that cost from the owner of each benefiting property through a Special Tax that also includes other costs incurred for the maintenance and operation of those hamlet irrigation water delivery systems. The second type is a Water Conveyance Agreement between the EID and the owner of each rural acreage property that is serviced by irrigation water for Household Purposes as defined in the Irrigation Districts Act. Those funds are also collected annually by the County through a Special Tax applied directly to each property on a list supplied annually by the EID. One hundred percent (100%) of funds thus collected are forwarded directly to the EID on behalf of the owners of the serviced properties. POL-047-24 LEVEL OF SERVICE FOR COMMUNAL RAW WATER IRRIGATION SYSTEMS Page 4 of 4 REQUIREMENTS FOR EXPANSION OF EXISTING SYSTEMS or INSTALLATION OF NEW SYSTEMS: In the event of a proposed expansion or construction of a raw water irrigation system that will service multiple properties and when there is an expectation for assistance from the County, or the potential exists for some future direct or indirect assistance from the County, a Memorandum of Understanding will be prepared and distributed to the Benefitting Owners of the raw water irrigation system. This will ensure the County’s position, which includes that all costs are borne by the beneficiaries of the system, and the ongoing responsibility of the Benefitting Owners, has been documented and shared in advance of the undertaking with the benefiting property owners.