2002-158-Ordinance No. 2002-011 Recorded 3/13/2002REVIEWED
LEGAL COUNSEL
REVIEWED
Q(el-
CODE REVIEW COMMITTEE
COUNTY OFFICIAL
MARYHSUE SPENHOLLOW, COUNTYRCLERKS IBJ �00�-158
COMMISSIONERS' JOURNAL 03/13/2002 02;24;33 PM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance amending Title 15.04,
Building and Construction Codes and
Regulations, of the Deschutes County Code
With an Effective Date of June 11, 2002.
* ORDINANCE NO. 2002-011
WHEREAS, representatives of water districts requested assistance from Deschutes County in requiring
connection to their water systems; and
WHEREAS, irrigation district representatives requested that Deschutes County assist them in their
efforts to eliminate human consumption of irrigation canal and ditch water ("ditch water") in order to comply
with state and federal health and clean water regulations; and
WHEREAS, the Deschutes County Board of County Commissioners ("Board") has determined that it is
beneficial to the health and safety property of owners within the water districts approved by ORS 198 and
related statutes to be served by the appropriate water districts; and
WHEREAS, and the Board has also determined that it is beneficial to the health and safety of property
owners within the irrigation districts to not be allowed to use irrigation water for human consumption; and
WHEREAS, the Board desires to encourage public compliance with the federal and state regulations
regarding safe drinking water; and
WHEREAS, the proposed addition of Deschutes County Code ("DCC") 15.04.2 10 will assist water
districts in their efforts to provide a safe and legal source of water to the property owners within the district; and
WHEREAS, the proposed addition of DCC 15.04.220 will assist the irrigation districts in their efforts to
eliminate human consumption of ditch water and help to assure a legal source of water for all new buildings
which require a source of water for domestic purposes; and
WHEREAS the Board held duly noticed hearings on February 13 and 27; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. ADDING. Deschutes County Code Chapter 15.04, Building and Construction Codes and
Regulations, is amended to add new Sections 15.04.210 and 15.04.220 to read as described in Exhibit "A,"
attached hereto and by this reference incorporated herein.
Section 2. FINDINGS. The Board adopts as its findings in support of the proposed amendments the
staff report attached hereto as Exhibit `B" and by this reference incorporated herein.
PAGE 1 OF 2 - ORDINANCE NO. 2002-011 (03/13/02)
SALEGAL\B0CC ORDINANCES\2002\ORD 2002-01 LDOC
Section 3. EFFECTIVE DATE. This Ordinance will become effective on June 11, 2002.
DATED this day of �C.%u , 2002.
ATTEST:
f
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2002-011 (03/13/02)
SALEGADBOCC ORDINANCES\2002\0RD 2002-011. DOC
BOARD OF COUNTY COMMIS
OF DESCHUTES COUNTY, 04
TOM
R. LUKE, Commissioner
MIAA L M. DAL , Co missioner
15.04.210. Requirement for Water Service from
Water Districts.
A. All new buildings requiring water service that
are located within the boundaries of a domestic
water supply district, water authority, joint water
and sanitary authority or county service district
("district") shall be connected to and served by
the district's facilities unless an alternate
domestic water source is approved in writing by
the district.
1. All building permit applications for new
construction requiring an individual
domestic water source located within a
district shall include a written statement
from the district on a form provided by the
Community Development Department
stating that the district will provide water
service or that the subject building is not
required to receive water service from the
district.
2. This provision is not applicable to properties
with an existing individual domestic water
source.
B. If the applicant is unable to obtain approval of
the appropriate district within 15 days of
submission to such district, the applicant shall
provide written notification to the Community
Development Department ("CDD") and,
thereafter, CDD shall notify the district by
certified mail that any objections to the issuance
of the building permit must be filed with CDD
within 15 days of the date of the notice or failure
to respond shall be considered to be an approval
of the proposed water source.
(Ord. 2002-011 § 1, 2002)
15.04.220. Supply of Water for Domestic Use In
Conformance with State and Federal
Regulations.
A. All water supplies serving as sources of human
consumption must comply with the Federal Safe
Drinking Water Act, as amended and regulated, as
well as Oregon Revised Statutes.
B. Irrigation District or System sources do not comply
with these regulations, and shall not be permitted as
sources of water for human consumption for new
construction or structure modifications.
1. Applications for building permits for new
construction that include cistern storage for
water for human consumption purposes shall
require conclusive proof that the source of
cistern water is not irrigation water.
2. Construction modifications to existing
structures or systems requiring County review
and which have cistern storage for water for
human consumption shall require conclusive
proof that the source of cistern water is not
irrigation water.
3. The Deschutes County Building Official shall
not issue a building permit for any applicant
failing to comply with these provisions.
4. If a structure or structure modification requiring
a water source for human consumption is
constructed without the required building
permit and the water source is irrigation water,
the use shall be a violation of this code
provision.
C. Existing users of Irrigation District or System water
for human consumption may comply with these
state and federal regulations by modifying their
systems to obtain water from private wells, a public
or private water system, or a water hauling service.
If existing users do not modify their systems, upon
notice of an existing user's non-compliance with
the state and federal regulations regarding water
supply for human consumption, the County shall
notify the appropriate irrigation district.
(Ord. 2002-011 § 1, 2002)
Page 1 of 1 — EXHIBIT "A" TO ORDINANCE NO. 2002-011 (03/13/02
S:\Legal\BOCC Ordinances\2002\Ord 2002-011 EXHIBIT A.doc
EXHIBIT "B"
STAFF REPORT
AMENDMENT TO TITLE 15
WATER REQUIREMENTS
FILE AND ORDINANCE CDD File Number: TA -02-3
NUMBERS: Ordinance 2002-011 amending DCC Title 15.04 Building and
Construction Codes and Regulations
BOARD OF COUNTY February 13, 2001
COMMISSIONERS
HEARING DATE:
APPLICANT: Deschutes County
PLANNING STAFF: Catherine Morrow, Principal Planner
REQUEST: The County proposes to amend Deschutes County Code, Title
15.04, Building and Construction Codes and Regulations, to
require water hook up for properties located within water districts
and prohibit use of irrigation district water for domestic use.
STAFF FINDINGS REGARDING AMENDMENT TO DCC TITLE 15
Requirement for Water Service from Water Districts
At the request of the Terrebonne Water District, the Board of County Commissioners directed the
Community Development Department staff to draft an amendment to the Deschutes County
Code to require that any new development within district boundaries be required to connect to
the district water facilities. Staff drafted the language proposed in the Ordinance 2002-011
Exhibit "A". Planning Division staff provided the proposed text to the Terrebonne Water
District and their legal representative for review. The County Assessor has record of eight water
and/or sanitary taxing districts formed under ORS 198 and ORS 264:
Chaparral Water District
Laidlaw Water District
La Pine Water District
Oregon Water Wonderland Sanitary District
Starwood Sanitary District
Ponderosa Water District
Sunrise Village Sanitary District
Terrebonne Water District
The proposed requirement that all new construction requiring water service be connected to and
served by the district unless an alternate water system is approved in writing by the district will
apply to all of the districts listed above
PAGE 1 of 3— EXHIBIT "B" to ORDINANCE No. 2002-011 (03/13/12)
SALega1\B0CC Ordinances\2002\Ord 200-2011 Exhibit B.doc
i::i�:
The County attempted to make changes in comprehensive plan policies and goals for the
Terrebonne Rural Community in 2000. At that time, changes in circumstances prompted the
Board of County Commissioners to direct staff to amend the public facility polices to prevent the
development of fragmented public services and to ensure that the Terrebonne Rural Community
is served by one community -wide water and wastewater system. On November 2, 2000 the
Deschutes County Planning Commission and the Board of County Commissioners held a joint
public hearing in Terrebonne on file numbers PA -00-5 and TA -00-7. The purpose of the hearing
was to consider the following:
1. Proposed Amendment to the Deschutes County Comprehensive Plan Growth Management
chapter, Rural Development for the Terrebonne Rural Community to update the goals and
policies for community water and wastewater facilities.
2. Proposed Amendment to the Deschutes County Code Title 18 to limit uses in the Terrebonne
Residential 5 -acre district.
The Board of County Commissioners declined to approve the proposed amendments at that time
because of Oregon Ballot Measure 7 issues.
The County will implement the proposed regulations through the building permit process. The
Community Development Department building permit computer records will be altered to create
a place to confirm that an applicant has submitted a form completed by the applicable district that
states that the District will serve the property or that the District does not have the capability of
serving the property and acknowledges that an alternate water source will be permitted.
One issue of concern is in the definition of construction. By use of the word "modification" in
conjunction with "construction," the ordinance is meant to be interpreted such that the new
requirements will be applicable for structural modifications and not for things like permits for
installing a new electrical outlet or re -roofing an existing structure.
Supply of Water for Domestic Use in Conformance with State and Federal Regulations.
State and federal regulations contain provisions that all water supplies for human consumption
must comply with the Federal Safe Drinking Water Act. Some residences in Deschutes County
receive their domestic water supply from cisterns. The irrigation districts have reported that
some cisterns used for domestic drinking water are being filled with irrigation water. This
practice violates provisions of the Federal Safe Drinking Water Act. In addition the water rights
that are delivered by irrigation district facilities are for irrigation and stock water, not for
domestic purposes.
The legal counsel for the Central Oregon Irrigation District submitted proposed language to
amend Title 15. County planning and legal staff made some changes to the proposed text to
require that the district be responsible for enforcement of federal requirements that existing users
of irrigation district water for human consumption modify their systems to use a legal source of
water meeting state and federal regulations. The proposed amendment to DCC 15.04 will add a
PAGE 2 of 3 — EXHIBIT "B" to ORDINANCE NO. 2002-011 (03/13/02)
EXHIBIT `B"
new section to prohibit the use of irrigation water for domestic use for human consumption. An
applicant for a building permit using a cistern for water storage must provide proof that their
domestic water source is not irrigation water. This proof could be evidence of a well or a
contract with a water service provider.
Ron Nelson, Central Oregon Irrigation District Manager, has recommended to staff that an
applicant for new construction that will use a cistern for storage of domestic water be required to
obtain a signature from the irrigation district attesting that the water source will not be irrigation
water. The draft text, however, is written such that the burden is placed on the applicant for a
building permit rather than requiring a signature from the irrigation district.
At the February 13, 2002 hearing, the Board directed Planning and Legal Staff to add a time limit
for the water districts to respond to an applicant's proposed water source when applying for a
building permit and to consult with the irrigation district representatives to reword the proposed
language in 15.04.220. The language in Exhibit A is a result of those directives.
Notice and Public Hearing
Notice of the public hearing, to be held in Sunriver on February 13, was provided to all the water,
sanitary and irrigation districts affected by the proposed amendments. A copy of the proposed
amendment was included with the notice. The proposed amendment to Title 15 amends the
county code regarding building and construction and is not a land use action as defined in the
Oregon Revised Statutes. Therefore, Measure 56 notice is not required. As of February 22,
2002, other than discussions between County Legal Counsel and legal counsel for the Central
Oregon Irrigation District, staff has not received any written or oral comments on the proposal.
At the February 13, 2002 hearing, the Board continued the hearing to February 27, 2002 at which
time there will be a First Reading followed by a Second Reading 14 days later and a final
effective date 90 days following the Second Reading.
PAGE 3 of 3 — EXHIBIT `B" to ORDINANCE NO. 2002-011 (03/13/12)