Coordinated Water System Plan

Water Utility Coordinating Committee

Planning & Development Services Update on Working Group Discussion:

Section 6 - Utility Service Review Procedures (USRP)

April 15, 2015

CWSP Section 6Utility Service Review Procedure (USRP)

What is the USRP?

The USRP is a CWSP strategy designed to help implement a primary Public Water System Coordination Act goal (Chapter 70.116 RCW) to ensure that ‘…an adequate supply of water is readily available for domestic, commercial, and industrial use …’

CWSP Section 6Utility Service Review Procedure (USRP)

USRP as CWSP Implementing StrategyThe USRP applies to all land use development proposals within the jurisdiction of Whatcom County that require water availability approval.

It directs applicants with development proposals that require water availability approval to the CWSP map to first identify potential public water systems.

The USRP also directs applicants, purveyors, and staff through a set of procedures that apply when public water service is not readily available.

CWSP Section 6 - USRP Working Group Discussion Planning & Development Services Update

The USRP Working Group has held meetings on:February 23, 2015March 13, 2015March 26, 2015

The next USRP Working Group meeting is scheduled for:April 21, 2015

Questions/Issues RaisedShould the USRP apply to provisions for private water supply?

What is the effect of private water supply within service area boundaries?

Does establishment of a new remote system by agreement require a purveyor to relinquish its declared service area?

Should the WUCC serve as an appeals body?

How best to streamline the USRP to address those purveyors that have readily available water from those purveyors who do not have readily available water?

Issues Resolved/Recommendations Should the USRP apply to provisions for private water supply? Yes.

What is the effect of private water supply within service area boundaries? None.

Does establishment of a new remote system by agreement require a purveyor to relinquish its declared service area? No.

Should the WUCC serve as an appeals body? No.

How best to streamline the USRP to address those purveyors that have readily available water from those purveyors who do not have readily available water? Still working on this.

Questions/Issues Raised

Should the USRP distinguish between what constitutes “timely and reasonable” under the Coordination Act from “duty to serve” under Municipal Water Law?

Should Receivership be addressed in its own section?

Should overlapping service areas be addressed by agreement when such “overlaps” don’t present a conflict?

Should the CWSP Map distinguish between non-municipal water suppliers, finite systems, and expanding systems, retail service areas, future service areas?

Issues Resolved/Recommendations

Should the USRP distinguish between what constitutes “timely and reasonable” under the Coordination Act from “duty to serve” under Municipal Water Law? Yes, still working on this.

Should Receivership be addressed in its own section? Yes.

Should overlapping service areas be addressed when such “overlaps” don’t present a conflict? Yes.

Should the CWSP Map distinguish between non-municipal water suppliers, finite systems, and expanding systems, retail service areas, future service areas? Still working on this.

CWSP Section 6 - USRP Working Group Discussion Recommendations

USRP should include a brief discussion on effect of Municipal Water Law and provision of water service in the CWSSA with respect to “Retail Service Area”, and “Duty to Serve”

USRP should emphasize importance of individual purveyor Water System Plan – Service Area Policies

Provide a new Dispute Resolution process featuring a voluntary Pre-hearing conference, and outline an appeals process utilizing Hearing Examiner, County Council, Superior Court

CWSP Section 6 - USRP Working Group Discussion Next Steps

Additional Working Group discussion and staff draft on new CWSP Section 6 – USRP & Flow-Chart

Legal Opinion needed on advisability of crafting unique definition for “Timely and Reasonable” when this phrase is used elsewhere in two different statutes, and is not clearly defined

Legal Opinion needed on advisability of crafting dispute resolution and appeals process utilizing Hearing Examiner, County Council, Superior Court

WUCC Review/ Recommendation on Final Draft CWSP Section 6