13.20.050 Types of water rights.
The various types of water rights subject to this chapter include, but are not necessarily limited to, the following: Permits, certificates, and claims issued by or on file with the Washington State Department of Ecology, or any of its predecessors. The city may consider senior seasonal irrigation rights for their adequacy. The adequacy of any proposed water right shall be determined by the mayor based on written analysis by the city engineer and the city’s legal counsel. The mayor’s decision shall be final, and shall be based on factors including but not limited to the following:
1. Annual volume of water rights equal to or exceeding the maximum annual water demand volume of the proposed annexation;
2. Instantaneous rate of water right equals or exceeds one hundred twenty-five percent of the maximum daily water demand volume of proposed annexation divided by one thousand four hundred forty minutes per day;
3. Seniority of water right relative to US Water rights for the Yakima Project (1905);
4. Legal status of the water right, e.g., status in DOE v. James J. Acquavella, Yakima County Cause No. 77-2-01484-5;
5. Consideration of any condition or limitations of use applicable to the water right, e.g., interruption or curtailment of use due to stream flow conditions;
6. Physical availability of water at water right’s original or previous point of diversion;
7. Seasonal limitations on water right relative to the seasonal water demand of the proposed annexation;
8. Ability to change water right to city’s existing point(s) of diversion, for use in the city’s water service area, and to municipal water supply purposes with governmental approval on satisfactory terms and conditions (water right “transfer”);
9. Comments of Department of Ecology, Bureau of Reclamation or other entities about the water right; and
10. Clear ownership of the water right and ability to convey clear title and ownership to the city.