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The transfer of water rights pursuant to this chapter shall be in such forms as may be approved by the city. Owners of property transferring water rights pursuant to this chapter shall execute all documents required by the city and/or any other governmental entity that may be necessary to achieve the purposes of this chapter. Those documents may include, but are not limited to, application(s) to change in point of diversion, change in place of use, change in purpose of use, and any other documents or forms.

For a water right transfer to be completed, the water right transfer (as defined in Section 13.20.050(8)) must ultimately be approved by the Department of Ecology and all appeal periods must have expired without challenge (or any appeals must successfully be resolved). In the event of an appeal or an adverse decision, the city may elect but is not required to litigate the appeal, challenge the adverse decision, or abandon the proposed water right transfer. Any development, annexation or other agreement that provides for a water right transfer to the city shall also provide for the possible appeal of a transfer decision and for the payment of costs of appeal.

Upon completion of the water right transfer, the property owner(s) shall convey the water right to the city by Statutory Warranty Deed or other appropriate conveyance instrument, as determined by the city; provided, however, that the actual conveyance may be delayed, at the city’s election, to coincide with the city’s approval of the petition for annexation described in this chapter, or as otherwise set forth in an agreement between the property owner(s) and the city.

(Ord. 1294 § 2, 2008)