(Ord. 2015-007, 2015)
The Health Officer of the Kittitas County Public Health Department has the authority, on behalf of the County, to ascertain whether there is evidence of an adequate water supply per Section 19.27.097 RCW, including whether proposed water systems comply with all state and local engineering, design and construction standards as set forth in the Joint Plan of Responsibility between the State of Washington Department of Health and the Kittitas County Public Health Department.
(Ord. 2011-006, 2011)
All new uses of water must comply with KCC § 13.35.027 Permanent Measures. An Adequate Water Supply Determination is required of all persons who are:
1.
Applying for a building permit with either:
a.
A proposed new structure which will have potable water or
b.
A proposed change in the number of dwelling units for any existing structures (such as making a single family structure into a duplex); or
c.
A replacement or rebuild of a building with potable water; or
d.
Changes to a pre-existing water system that adds fixtures; or
2.
Making applications for land uses that require water, including but not limited to, long plats, short plats, binding site plans, large lot subdivisions, or conditional uses. However, an adequate water supply determination is not required for long plats, short plats, binding site plans and/or large lot subdivisions when applications for such are being submitted by a government or quasi-government agency or by another party when the property being utilized to create new parcels as part of the long plat, short plat, binding site plan or large lot subdivision is included in a purchase contract between the party and a government or quasi-government agency and the new parcels will not require water. Evidence that the new parcels will not require water may be provided in the form of a conservation easement, plat notes which do not allow development which requires water, or another form satisfactory to the county health officer and planning official that water will not be required for the resulting land use. Adequate water supply determinations made for land uses application does not replace requirements for AWSD prior to submitting a building permit application.
An Adequate Water Supply Determination shall not be required for building permits:
1.
On lots created through formal platting and utilizing an approved Group A water system operated within an incorporated areas or Master Planned Resort of Kittitas County; or
2.
On lots that do not require a change in the water system; or
3.
On structures which will not have potable water plumbing.
Kittitas County hereby finds that new uses of groundwater that are not mitigated in the Yakima River drainage basin threaten to interfere with senior water rights and stream flows creating a public health and safety threat that warrants elimination of all vesting under RCW 58.17.170(3) for this chapter. Kittitas County hereby eliminates all such vesting pursuant to the authority granted in RCW 58.17.170(3) for this chapter.
(Ord. 2011-006, 2011; Ord. 2014-005, 2014; Ord. 2015-007, 2015; Ord. 2015-010, 2015; Ord. 2017-007, 2017; Ord. 2018-001, 2018; Ord. 2023-005, 2023)
1. 
Effective Date 12/2/15-onward and applicable to all areas in the Yakima River drainage.
2. 
All new uses of ground water shall require either: 1) a letter from a water purveyor stating that the purveyor has adequate water rights and will provide the necessary water for the new use; 2) an adequate water right for the proposed new use; or 3) a certificate of water budget neutrality or other adequate interest in water rights from a water bank. No new use to which this chapter is applicable shall be approved without one of these required submissions.
3. 
All applicants for land divisions shall also submit information on "proximate parcels" held in "common ownership" and otherwise demonstrate how the proposed new use will not violate RCW 90.44.050 as currently existing or hereafter amended.
4. 
Failure to obtain mitigation before commencement of an activity requiring mitigation shall be a code violation subject to enforcement under Title 18 KCC.
5. 
Violation of water limits involved in the mitigation agreement shall be a matter between the land owner and the provider of mitigation and enforceable as provided in said mitigation agreements.
6. 
All mitigated water uses shall also demonstrate that they are metered and monitored annually in accord with the agreement between the land owner and the mitigation provider.
7. 
All mitigation during the Permanent Measures shall be Total water supply available (TWSA), as measured at the Parker gauge on the Yakima River, and local tributary impairment.
(Ord. 2014-005, 2014; Ord. 2015-007, 2015; Ord. 2018-009, 2018)
Applicants for an Adequate Water Supply Determination where the source is a Group A public water system shall provide to KCPHD:
1. 
A completed water adequacy application signed by the water purveyor along with any applicable fees;
2. 
The final water system identification number from the Department of Health; and
3. 
Verification that the Department of Health operating permit is either in Yellow or Green status. Applicants for a building permit expecting to be supplied with drinking water from a purveyor with an operating permit in Red status (inadequate) or in Blue status (operating without design approval, or exceeded number of DOH-approved connections) will not be approved by KCPHD.
(Ord. 2011-006, 2011)
Applicants for an Adequate Water Supply Determination where the source is a Group B public water system shall provide to KCPHD:
1. 
A completed application signed by the water purveyor along with any applicable fees;
2. 
The final water system identification number from the Department of Health; and
3. 
Certification that the Group B public water system has been constructed and maintained in accordance with the KCPHD or DOH approved plans and specifications, including up to date monitoring and financial information.
(Ord. 2011-006, 2011)
Applicants for an Adequate Water Supply Determination with an individual water system shall meet the following requirements:
1. 
Application. Submit a completed application with any applicable fees to KCPHD.
2. 
Groundwater well as water source. The water quality and quantity of the groundwater well shall be evaluated for an Adequate Water Supply Determination by KCPHD.
a. 
Water quality. The water produced by the water source shall either:
i. 
Pass a water quality test with results submitted to KCPHD; or
ii. 
If the water fails the water quality test, then applicant shall:
1. 
Add a treatment system to raise the water quality to potable standards. The treatment system shall comply with all applicable federal, state, and local regulations and shall protect the health and safety of the users of the system; and
2. 
File a notice with the County Auditor describing the treatment system.
b. 
Water quantity.
i. 
All wells to be used in an individual water system shall be constructed prior to the issuance of an Adequate Water Supply Determination.
ii. 
A well log recorded within the last ten (10) years demonstrating a minimum flow of two (2) gallons per minute (GPM) for at least a two (2) hour period shall be submitted to KCPHD.
1. 
If a well log is not available or the well log indicates a flow of less than two (2) GPM for a two (2) hour period, then a four-hour draw down test shall be submitted to KCPHD.
2. 
A well log that was recorded more than ten (10) years ago may be accepted at the discretion of the Health Officer.
iii. 
The minimum acceptable production level where the water source is a well is three hundred fifty (350) gallons per day for an individual water system.
3. 
Water distribution system. When the water source is a well and produces less than two gallons per minute (2 GPM) according to the well log or four-hour draw down test, adequate flow equalization is required for periods of higher use within the dwelling unit. The water distribution system design shall meet the following requirements:
a. 
Flow equalization tank requirements shall be determined by the following: (150)(2-X gpm) = gallons of tank capacity needed (where X = gallons per minute produced as determined by the four-hour draw down test). The required tank capacity could be as much as 263 gallons depending on the flow of the well.
b. 
A booster pump and pressure tank shall be included in the water distribution system.
4. 
Cistern as water source. When the proposed water source is a cistern, the applicant for a Water Supply Determination shall comply with Chapter 13.25 KCC.
(Ord. 2011-006, 2011; Ord. 2014-005, 2014; Ord. 2014-015, 2014)
Applicants for an Adequate Water Supply Determination with a connection to a shared water system shall meet the following requirements:
1. 
Application. Submit a completed application with any applicable fees to KCPHD. This includes a valid Shared Well Users Agreement signed by both users of the well that is recorded with the County Auditor.
2. 
Groundwater well as water source. The water quality and quantity of the groundwater well shall be evaluated for an Adequate Water Supply Determination by KCPHD.
a. 
Water quality. The water produced by the water source shall either:
i. 
Pass a water quality test with passing results submitted to KCPHD; or
ii. 
If the water fails the water quality test, then applicant shall:
1. 
Add a treatment system to raise the water quality to potable standards. The treatment system shall comply with all applicable federal, state and local regulations and shall protect the health and safety of the users of the system; and
2. 
File a notice with the County Auditor describing the treatment system.
b. 
Water quantity.
i. 
All wells to be used in a shared water supply system shall be constructed prior to the issuance of an Adequate Water Supply Determination.
ii. 
A well log recorded within the last ten (10) years demonstrating a minimum flow of five (5) gallons per minute (GPM) for at least a two (2) hour period shall be submitted to KCPHD.
1. 
If a well log is not available or the well log indicates a flow of less than five (5) GPM for the two (2) hour period, then a four-hour draw down test shall be submitted to KCPHD.
2. 
A well log that was recorded more than ten (10) years ago may be accepted at the discretion of the Health Officer.
iii. 
The minimum acceptable production level for a shared water supply system is seven hundred (700) gallons per day.
3. 
Water distribution system. When the water source produces less than five (5) gallons per minute according to the well log, adequate flow equalization is required for periods of higher use within the two dwelling units. The water distribution system design shall be submitted by a licensed engineer, bear the engineer's seal and signature, and meet the following requirements:
a. 
Flow equalization tank requirements shall be determined by the following: (150)(5-X gpm) = gallons of tank capacity needed (where X = gallons per minute produced as determined by the four-hour draw down test). The required tank capacity could be as much as 675 gallons depending on the flow of the well.
b. 
A booster pump and pressure tank shall be included in the water distribution system.
(Ord. 2011-006, 2011; Ord. 2014-005, 2014)